Can a Judge refuse to CCJ you???

Bosie

The reason I ask the above question is this; almost 5 years ago my husband had to default his HSBC loan. So HSBC passed it over to their own in house collections MCS.

They agreed a repayment had it in writing, he has paid via standing order never missing a payment. Then a few months ago, they sold the debt to CL Finance? Now, my hubby has again set up a DD with CL Finance, the amount to be honest is almost what the original monthly payment should of been originally.( I mean the original loan repayment)
What is worrying me, could CL suddenly decide to ask for a CCJ?
Surely a judge would throw it out as a request. He's paying back £75 a month and the original bank loan was about £82 pm.
I guess it's me worrying, but I don't trust debt collectors.
Another thing, although separate, PPI was added onto this loan when it shouldn't have been. My hubby wasn't even working and they added this PPI, really misselling on HSBC's behalf.

Any thoughts on this, most welcome.

Bo x

Poosmate

Hi Bosie,

I don't really know the answer to this but I would have thought that as your OH is making the payments the debt collectors don't have any grounds to go for a CCJ. I don't know. Regarding the PPI fees, I'm not sure if trying to reclaim them might antagonise the situation. Having never had PPI I'm not sure how it works - is it included in the monthly payment? If so then maybe you could ask for that to be cancelled so the payments can be reduced then you could save that amount each month with a view to offering a full and final settlement sooner rather than later?

Like I say, I don't really know I'm just guessing here. Hopefully this bump will bring this to the attention of someone who is more knowledgeable in these matters.

Please don't worry about it - the lovely people on this site will help with advice soon enough.

Thanks

Poo

Leixlip1

Yes a Judge can refuse to make an Order - just because someone takes a case to court it doesn't mean they win/get what they want - I speak from experience taking cases to court for my employer and losing several!
Remember the law is there to protect you as well as punish - looks like you are doing all you reasonably can to pay, haven't missed any payments etc so I would be suprised if the dca risked going to court, incurring the expense etc

stapeley

I would reclaim the missold PPI . As for the DCA if they start hassling you CCA request them .

rosemahairy

You need to start the template letters on the main page of this website and get that ppi reclaimed asap. The fact they have sold ppi when your husband wasn't working is an extremely strong argument, you need to put this in your letter them. You need to say that the ppi was miss sold on the grounds it was not applied in your best interests because the ppi was worthless, you need to put to them that that the salesman did not do any assessment to appreciate whether you would have benefited from the insurance otherwise it would have been established it was not beneficial as at the point of sale no employment was taking place to be covered. Ask them if any commission was paid in the sale of the ppi check if this appears on your credit agreement if it doesn't quote case Wilson and another vs Hurstanger ltd, see Homer Js posts on this case very interesting. You need to ask for full refund of the premiums paid with interest applied as well as statutory interest 8% which is what a court would award as you have been deprived of this money, BE FIRM STICK TO DEADLINES.They will fob you off but be persistent threaten them with the Financial ombudsman whom i feel 100% would uphold your complaint and order the refund if what you say is true which i do not doubt at all. I too am on arrangements with creditors via a debt management pro gramme but also actively seek reimbursement of the ppi. They cant do anything about it as long as you keep paying them something each month they cant do anything ( or they could try but i very very very doubt would succeed) I have had no backlash of chasing the ppi on my reduced payment rates. Go get that money back!!!!

Bosie

Thanks for replies, makes me feeel better already, it was so sneaky of HSBC to sell to CL Finance like that. Regarding the credit agreement will HSBC still have this?
I reckon about £1000 of the loan now outstanding is down to PPI.
Bo x