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OnMyWayOut

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Everything posted by OnMyWayOut

  1. Sorry - the question wasn't best worded! I know what a CO is about, but if it was awarded to HFC who would get the settlement now that HFC have sold on the debt (and probably written off the debt against tax)? Can a CO be assigned in the same way as a debt can? I have thought about this, as I never got the chance to challenge the CCA as it all started across Christmas with no access to any help at the time. I've just subscribed to another thread where someone is doing just this with HFC at the moment so I'll see what tips I can pick up. Thanks.
  2. Same here - CCJ & charging order, now letter from Phoenix. What is the point of them securing the debt then selling it on? What would happen if I sold the house? Why are they asking to 'agree payment terms' when there's a CCJ in place? When will they stop screwing with my head?
  3. Nice idea! I would really like to stop the #@*£$% calling me though. Three calls on Sunday, one yesterday afternoon, and they don't take no for an answer. If I hang up they call back later.
  4. Thanks for the info. I have a question about the point 'If the debt is very small in comparison to the amount of equity in your home, argue that a charging order would be unfair'. Does this mean the debt in question, or the total amount of debt? Does it relate only to my share of the equity (house in joint names)?
  5. I see from the HMCS site that I can object to the final charging order by notifying the court and the claimant up to 7 days before the hearing is due. What do I have to do to notify them, and what should I use as the reason.
  6. Is anyone here having trouble with cold calls from Unicorn Wireless selling mobile phone deals? I've been getting several calls per day recently and no matter how many times I tell them to remove me from their database the calls continue. My phone number is TPS registered but they are calling from India. I've emailed their head office in India telling them to cease these calls, and threatened to report their UK subsidiary company to OFCOM and the Information Commissioner. Any idea how to take this further if it continues?
  7. Hi, I have a debt related to HFC Bank on a credit card. I have been paying this through CCCS for over 9 months without a murmur. Out of the blue I get a letter from Restons threatening legal action if payments aren't increased. No prior contact from HFC, no negotiation and straight to court. There is a small amount of late payment charges which I never bothered to chase (just over £100). How is it best to deal with this?
  8. I've written to the court with a copy of the letter that I sent requesting a redetermination and asking for the case to be reconsidered as I have been left out of the loop.
  9. Does anyone have the contact details for the top man @ HFC and / or HSBC in the UK?
  10. The Interim Charging Order paperwork came with notification that the application will be heard in three week's time. But the paperwork from the Land Registry that arrived today implies it is on already.
  11. I filled in the paperwork for redetermination of the amount of the instalment as it was higher than I could afford whilst still keeping up repayments on the other debts. I put the paperwork into an envelope addressed to the court with the claim number on the outside and posted it directly into the court's letterbox before the due date. I also faxed and emailed a copy to the solicitor on the same day. This is also how I returned my defence paperwork when I answered the summons. I've just spoken to the court and the clerk there informed me that they hadn't received the paperwork and so the follow-up actions were taken. She advised me to talk to the solicitors handling the persecution/claimant's case. I'm not sure that they will be very helpful though!
  12. I dropped the form directly into their postbox. I only contacted the court once I received the Interim Charging Order in the post. In fact I've just received the paperwork from the Land Registry stating that the Charging Order is in place.
  13. Not a thing. I sent in my defence papers in reply to the summons and the next contact was the CCJ. All I've had is a notification of the judgement, to which I responded by requesting a reconsideration of the amount. The CCJ was entered on 15th February and I have continued with the regular payments via CCCS.
  14. I have a debt on a card which I was unable to keep up with. I eventually found out about the CCCS and set up repayment plan with them on this debt along with several others. Six months on I get a letter from a solicitor (who's name appears regularly in the section) saying the bank isn't satisfied with the repayments and wants more otherwise they take me to court. I explain my financial position and ask why the bank didn't contact me or CCCS to discuss first. Next thing I get court papers served, so I dispute the high charges applied, the extra interest claimed, some of the balance is late payment charges, etc. Next thing is a CCJ for an amount totalling 50% of what I have to repay all the debts via CCCS. I speak to CCCS and they provide details for disputing the payment which I return to the court & solicitors within the specified time limit. I wait for a date to go to court to argue my reasons why the repayment is too high and next thing I get two letters from the solicitors (doesn't that mean prostitutes?) both with an Interim Charging Order and a date for the hearing. Other than filing a defence against the original summons I haven't had a chance yet to have any input into the proceedings. How do I defend this? The amount of this debt is around 10% of the full debt I owe, and is about 35:1 on the value of the property which is in joint names, but this debt is in my name. I can't afford higher repayments, I can't afford to reduce the repayments on the other debts, as this will provoke action from them as well. I don't want a charging order favouring one creditor as they get an unfair advantage over the other debts, especially if (as is now possible) the value of the equity in the house falls below the total amount owed. On the original summons and all subsequent paperwork they have used the wrong spelling of my name - does this make a difference at all? I did point this out in my defence reply to the court.
  15. Hi, I have a card debt that was sold on to a collection company a while back. It definitely was sold, they are recovering on their own behalf. They claim they do not have to provide a copy of the original agreement to proceed and say that because I have been making payments to them already that is all they need. So far they have not been able to provide the agreement, but my understanding is that it is essential. They are saying that the original card company doesn't have to keep it longer than six years, but this doesn't sound right to me. Anyone know any better? Thanks.
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