HFC, Court and additional charges.

itsnowtime

Well I have spoken with the solicitor and the amount they submitted to the court is infact incorrect and it has reduced by £330.80 which is what I've paid to the account over recent months!! - good result!

Now then... I can't quite believe what has happened. When my initial proposals were issued it offered a specific repayment amount. This amount was sent in September however in October CCCS sent them an increased amount as they had made a mistake.

CCCS hadn't correctly input the account details for one of my other creditors which therefore meant that although I had sent them the money they hadn't been able to pass it on. So for the months of Sept they were holding onto a payment for another creditor and in October they decided to use this amount and split it across the other creditors which increased the amount everyone received.

I was then issued a letter from the solicitor stating that this increased payment was not acceptable, so when I responded to their letter stating that I was only able to offer the 'original' amount and hold off any action for 6 months they saw this as reducing what I was paying - and silly me didn't explain that CCCS had made a mistake.

And although... I was told by the litigation dept this morning that she cant understand why they've gone for a CCJ there's nothing I can do. :mad:

I also asked for a breakdown of the collection charges on the account and was advised that it's in your T&C's and there isn't a breakdown available - well I'll try it for nothing...

1 step forward I guess.....

Tootsie_Roll

malestrom07 wrote: »

Look like Tootsie was slightly wrong again !!!!

Not wrong yet - we don't even know if HFC have been receiving payment from CCCS yet. What we do know now is that CCCs are making the payments on behalf of the OP but it is about as common for them to make mistakes with the payments they send out as it is for the lender (who receives bulk payments from CCCS and has to allocate them out accordingly) to make the mistake making the allocation.

So it's still 50/50; most importantly the good news is that some headway has been made identifying that some payments have been made (we hope!).

Tootsie_Roll

itsnowtime wrote: »

Now then... I can't quite believe what has happened. When my initial proposals were issued it offered a specific repayment amount. This amount was sent in September however in October CCCS sent them an increased amount as they had made a mistake.

This just crossed with my post and really just proves my point.

Always, always speak to the lender as well.

MKDon

Tootsie,

It would help everyone if you took the time to read the posts fully before replying with poor (if well intentioned) information. What you didn't pickup was clear for all to see.

Tootsie_Roll

MKDon wrote: »

Tootsie,

It would help everyone if you took the time to read the posts fully before replying with poor (if well intentioned) information. What you didn't pickup was clear for all to see.

Please elaborate why my post was poor, I have re-read the thread again and find my comments entirely relevant.

p.s. Go Dons ! Did you see the Queen this week ?

salter

Background is after working for many years earning a good salary my Company shut down, thought it would be a matter of time before I was employed again so carried on living normally first on redundancy payment and after a couple of years on credit cards. I contracted COPD and it became clear that no-one would employ me but I carried on borrowing from card to pay the others , the same old story.
I have been paying via CCCS to 8 creditors since Oct 2006 and after all the phone calls and aggro I'd experienced in the months running up to Oct. I breathed a sigh of relief that although I would be on the breadline for 10 years I would not be pursued by creditors anymore.
In March I received communications from the HFC solicitors that they were chasing the Marbles payments. I spoke to them and said they had been paid by CCCS for several months and that was all I had. Got a letter saying they would accept the payments if I would sign a voluntary charge form. Spoke to the CCCS who told me not to and then had 6 months of peace until a court order arrived. Spoke to CCCS again and was advised to dispute the costs that had been added to the original debt and return it, the case would then be moved to the local court in about 10 days and I could go and argue my case. They supplied a new debt management plan and the statement of payments for the year to go off to the court.
Heard nothing until start of November when letter arrived from the court saying I had to pay nearly £76 a month compared to the £40 I had been paying and all the costs remained. Spoke to CCCS again who said I could dispute it but decided that their advice so far on this matter had cost me money so would not.
This morning received a letter from HBOS saying my fixed payment arrangement had expired and unless I contact them normal payments would be expected to resume. Am awaiting to ring them and find what they have in store for me.

salter

Just rang the HBOS who say that in January the interest will be reinstated and that after 6 months I would be referred to their debt recovery section. Told them I can not pay any more and after the usual "can you borrow it from your family" routine was told they can only freeze the interest for 12 months.
When I said that I thought the CCCS had sorted this out with them, was told that the CCCS did not make out the HBOS policies. Looking forward to getting deeper in debt and awaiting similar letters from the other credit cards.

itsnowtime

Just thought I'd give you an update...

I did in fact challenge the amount outstanding - and I got Retsons to agree that this was infact incorrect but that it would be amended when it was finally presented to the court.

I challenged why the Legal department at HFC stated over the phone that they believed my original offer was a good one and that she couldn't understand why it was going to court - but was still going to apply for a CCJ - the solicitors couldn't comment on that.

I also asked for a full breakdown of the addditional charges that they were applying - they said they didn't have one but it was administration charges for administering the debt for the next however many years! But it was in my credit agreement - doesn't show on the agreement I have a copy of????

As a result I filled out my legal paperwork and explained my defence, returned it to the court on time and I have been advised that it is now transferred to my local court for me to defend.

Now... here comes the scary bit - I'm hoping that by having to go and defend that it may work in my favour. I'm not sure when the hearing will be yet but will keep you posted. However... if I have to say for a very confident individual - I'm a little scared!