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MRSWISHYWASHY2 · 8 July 2011 at 8:54PM

...hi im new to the site so..please bear with me....i need help badly over 7 years ago..i got alone from welcome finance..for 1000pounds ....i was also paying insure with it i lost my job with ill health..about a year later..i told them this and did not hear a thing over the past few weeks ive had very bad letters from hfo servers..and said they are going to take me to court they now want 7811.40 pounds from me..im so scared i dont no what to do..ive also had a very bad HEAD injury which has left me with disabites help please

vikingaero · 8 July 2011 at 9:59PM

I suggest you get yourself over to the Loans and/or Reclaim Bank Charges part of this site or https://www.consumeractiongroup.co.uk

Do you have a copy of your credit agreement? You need to check the timescales to see if the debt is statute barred.

HFO will check to see if you are a homeowner so that they can issue a Court Summons, obtain a CCJ and then go for a charging order on your home.

Maybe best to send HFO a postal order for £10 along with a Subject Access Request for information. There is information on this site and CAG on how to do so.

MothballsWallet · 9 July 2011 at 10:34AM

Would you not want them to prove the debt first? And insist on everything in writing?

Flyboy152 · 9 July 2011 at 12:27PM

MRSWISHYWASHY2 wrote: »

...hi im new to the site so..please bear with me....i need help badly over 7 years ago..i got alone from welcome finance..for 1000pounds ....i was also paying insure with it i lost my job with ill health..about a year later..i told them this and did not hear a thing over the past few weeks ive had very bad letters from hfo servers..and said they are going to take me to court they now want 7811.40 pounds from me..im so scared i dont no what to do..ive also had a very bad HEAD injury which has left me with disabites help please

Personally, I'd say let them take you to court. I can't see a District Judge looking favourable upon them, not in these circumstances. Charging punitive interest rates is seen as unreasonable in most Judges eyes.

bris · 9 July 2011 at 2:31PM

When was your last payment to them? Do you know if it was over 6 years ago. If it was then the debt could very well be statute barred. CAB could help you write a reply to them explaing this. If they don't stop sending letters after that then a harrasment letter is next inviting them to take you to court. they will know very well a statute barred debt can not be reclaimed so the threats should stop.

Flyboy152 · 9 July 2011 at 2:36PM

bris wrote: »

When was your last payment to them? Do you know if it was over 6 years ago. If it was then the debt could very well be statute barred. CAB could help you write a reply to them explaing this. If they don't stop sending letters after that then a harrasment letter is next inviting them to take you to court. they will know very well a statute barred debt can not be reclaimed so the threats should stop.

And this possibly why the letters have been received now. It sounds like it was around the six year mark, so maybe they are sweeping through old debts of five years and ten months. I still say let them take the OP to court. You are looking at about two hundred per cent APR here, not a good starting point for the [STRIKE]loan sharks[/STRIKE] finance company.

MRSWISHYWASHY2 · 9 July 2011 at 7:42PM

Thank you..very much guys..cant think when my last payment was to them..but i do no it was over 7..yrs ago..coz got the loan b4 my grandaughter ..was born and she was born in march..2004....they all so said in the letter that they wouid..get ppl to come to my home and sell my goods..i just cant belive what is happing ..its making me ill..xxxx

bris · 9 July 2011 at 11:28PM

You may have taken the loan out 7 years ago but you need to base the time on the date you stopped paying and had any future correspondence with them. You said about a year later which would take it to near the 6 year mark. This is critical as the 6 years is the timespan required for a statute bar.
Like flyboy says, if it's just under this point they will have a case against you. Try and get some bank statements to check, it is all very dependant on this to determine if you can get out of this or not.

Flyboy152 · 10 July 2011 at 12:55AM

bris wrote: »

You may have taken the loan out 7 years ago but you need to base the time on the date you stopped paying and had any future correspondence with them. You said about a year later which would take it to near the 6 year mark. This is critical as the 6 years is the timespan required for a statute bar.
Like flyboy says, if it's just under this point they will have a case against you. Try and get some bank statements to check, it is all very dependant on this to determine if you can get out of this or not.

They will only have a prima facia case against the OP at this stage. They will have have to justify their threats and their charges to a District Judge.

Flyboy152 · 10 July 2011 at 12:57AM

MRSWISHYWASHY2 wrote: »

Thank you..very much guys..cant think when my last payment was to them..but i do no it was over 7..yrs ago..coz got the loan b4 my grandaughter ..was born and she was born in march..2004....they all so said in the letter that they wouid..get ppl to come to my home and sell my goods..i just cant belive what is happing ..its making me ill..xxxx

They cannot get bailiffs to take anything from you without a court order. Do not, under any circumstances, allow a debt collector to enter your home.

MRSWISHYWASHY2 · 14 July 2011 at 7:50PM

Hiya guys..sorry not been on but been very ill..ive found out when i took the loan out with welcome..it was defo jan 2003..found it on my bank statement..i was paying 100 pound per month ..thats with the insurance..so i dont know if they can still take me to court ...xxx

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