HFC/Restons CCJ & CO - Selling property. Heeeeeeelp

[herbie171]

I asked for a copy of the court judgement and it said blar!!!!!!blar!!!! acting for HFC BANK and the defendant acting for herself hahahahaha

 

I was not in court so know nothing about the order which I must say dated back to 2006 nearly 3 years old

[r&b]

u need to put in N244 application to set aside (costs £75 unless u have exemption see link below), sillygirl has started u off on the grounds front.

CPR 13.2 and 13.3 cover this point:

PART 13 - SETTING ASIDE OR VARYING DEFAULT JUDGMENT - Ministry of Justice

 

if ur getting probs with the SAR u might be better off sending a CPR31.16 it will resolve any issues with their pettiness abt sigs etc and timescales r far less. but persevere with SAR anyway.

 

link for set aside and cost exemption:

National Debtline England & Wales | Debt Advice | Factsheet 12 How To Set Aside A Judgment In The County Court

 

link for CPR31.16 request for disclosure:

why you shouldnt use section 77/78 CCA 1974 if you want the signed agreement - The Consumer Forums

 

BTW did u send off to the court for a copy of the original claim form etc? if not and u havent got it, its gd to have in the file.

[hitchy1]

I only have a copy of the charging order. I will contact court to get the documentation.

 

Been away recently and just got back.

It's now way over the 40 days and nothing has yet arrived.

 

What should my next steps be?

i reckon they have a charging order on my property and have no documentation to back it up.

[supasnooper]

You need to send HFC a Letter Before Action but do not send if you don't intend to follow it through

 

BTW, what exactly is the heading of the "Charging Order" document you have in your possession ?

[hitchy1]

I definitely intend pursueing, and thanks for all your help so far. I have posted a copy of the charging order and removed any personal details.

 

Thanks

 

[hitchy1]

Finally HFC responded and have sent me everything they have.

 

Most of it is just payment and telephone converstaion info,

but the real killer is the agreement which i have posted below and removed the personal details.

 

Question now is

 

will i still have any grounds to challenge and what would they be?

 

There is no default notice, and as stated earlier Restons advised they didnt have any documentation.

 

 

[hitchy1]

I received a charging order approximately two years ago via Restons.

 

At the time they acted for HFC on a £20k loan and whilst i defended in court i lost and the order was granted.

 

Subsequently after reading these forums,

 

i realised that Restons did not provide any of the paperwork required and through my ignorance i didnt challenge the correct things.

 

I have SAR both Restons and HFC and have received nothing of worth from Restons,

but have received documentation from HFC which includes a copy of the agreement.

 

Is it possible for me to challenge the original hearing due to restons failure to provide the required legal documentation?

 

if this is possible would it just mean that they would get the correct documentation from HFC and go through the process again?

 

Any advice would be gratefully received.

[robcag]

Hi hitchy1

 

I'm replying just to try and give you some encouragement,

but I haven't got much time for the next few days to offer much practical help a

s I'm dealing with a couple of other court claims against me which I need to sort this week.

 

It might be possible to get your judgment set aside (and therefore the CO along with it) if you have sufficient grounds.

This can be difficult to achieve, but it can sometimes be done.

There are cases on CAG of people succeeding, but also failures.

 

ATM I am making moves to try and get a set aside,

although I haven't lodged the application yet,

just made the preliminary moves against the assignee (Marlin/Phoenix/Mortimer Clarke) of my judgment debt

(which like yours, also started out as HFC/Restons).

 

I don't know if you've seen the threads I've linked to below, but reading them may give you some idea of what you need to do.

I've linked my own thread but I'm not sure how useful you'll find it as I've not yet actually gone through the set aside process

- I have got a minor update to make to it regarding the response I've just received to my CPR 31.16 request,

but that will have to wait until I've dealt with the more pressing stuff mentioned above.

 

My task could well be as difficult as yours, or perhaps harder, as I originally admitted the debt (pre-CAG days).

 

Hopefully you'll have kept all the original paperwork (including things such as the Default Notice, maybe especially the DN!)

and you'll need to post up the whole story with details of everything so other CAGgers might advise you.

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/123971-ccj-set-aside-help.html

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/192275-ccj-interest-debt.html

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/180864-finding-faulty-cca-agreements.html

 

Sorry I haven't got time to find and post the links regarding set aside guidelines etc.

but you'll probably come across those and other useful links in the threads above.

 

Cheers

Rob

[supasnooper]

Setting Aside a CCJ -

 

CCJ removal inc. step by step guide

Applying for a Set-aside

[hitchy1]

I have been paying a monthly figure for 5 years to Restons as they hold a charging order on my property.

 

I need to sell the house due to marraige breakdown and have found a buyer.

 

The excess money from the sale will not be enough to discharge the order and therefore i will continue paying the monthly payment.

 

Are Restons entitled to ask me to increase this payment?

 

this was not a provision in the original order.

[renegadeimp]

AFAIK they can only demand you follow the court order. They could get it rexamined, but if your finances dont allow it, theyre out of luck.

[hitchy1]

Thanks for this.

 

I was looking to increase the payment due to the fact that the equity wont cover the outstanding amount,

 

so i would be right in thinking that this would put the ball in my court

and not let them demand excessive payments?

[renegadeimp]

If you want to increase the payment, the creditor wont mind. But be careful as they will try and force you to increase it even further.

 

The problem is that the CO guarantees them some, if not all the money. They would need some sort of guarantee that you wont simply run off and leave them thousands out of pocket.

[hitchy1]

Thanks, i can only point out that i have paid for last 5 years so that would suggest that i will not do a runner.

I am not purchasing another property, does that have any effect?

[dx100uk]

merged your old threads on this here for ref

 

why did you never pursue getting the annulled?

 

hfc loan opened 2003 for £21k

can you scan up the agreement

can you scan up the statements from HFC

can you scan up the statements from CCCS

can you scan up the charging order

 

ever thought of PPI or PENALTY charges reclaiming????

.......................

 

 

[hitchy1]

I didnt really think i could win the case and financially couldnt afford to fight it.

Very soon i wont own a property so i will look into how i can deal with it as the payment will carry on for years.

[dx100uk]

can I have those documents please I requested

 

let me get busy for you

 

dx

[hitchy1]

I have a feeling that they have all been destroyed and i would probably need to start the process again.

I will look for them in next few days but not confidant, the reason the house is being sold is due to divorce and much documentation was destroyed during the process.

[dx100uk]

ok then time to get them by sar again then.

 

so.. as you are sort of busy.

 

back to your recent question.

 

I would not be telling neither upping restons payment.

 

I would suspect that the balance they pushed through court

will be at least 50% PENALTY charges & PPI

which you can get back!!

 

as a ball park..what is owing now

and were you aware of the PENALTY charges

I don't know ANY HFC debt that was almost not doubled by charges/PPI.

 

dx

[Figgydoody]

Hi Hitchy,

 

You really should heed DX's advice.

 

I have issues with HFC as well, and whilst there was no PPI on my account, they added penalty charges,

plus one of their other little delights known as a 'Collection Charge',

which is a large penalty charge that is calculated as a proportion of the outstanding balance, and completely unlawful.

 

It is entirely conceivable this has happened to you,

as they were very fond of tagging on such large charges.

 

If you reclaim these penalty charges and any PPI and seek interest in restitution,

it may well add up to a significant amount of money.

 

I know your objective was to seek a set-aside of the judgment,

and tbh, if I were you I would be pursuing it with zeal,

as their agreements leave much to be desired,

but you really should look at the PPI and penalty charge issues as well!

 

What an achievement it would be not only to get the judgment set-aside

but also to reclaim monies you're rightfully owed!

 

It really is worth doing! I wish you every success!

 

Figgy.

[hitchy1]

Well things have now gone from bad to worse.

 

My house has been sold only for the purchasers to change their minds after i moved out and before exchange of contracts.

 

I now have a house that i can no longer afford and little prospect of it being sold quickly.

 

The mortgage company have suggested voluntary surrender but i would need to agree with my ex who just doesn't seem bothered.

 

Anyone who can suggest a course of action please?

 

The outstanding mortgage is £145k and the sale had been agreed at £148 which would have left a reasonable situation,

 

my concern now is that the house could be sold for significantly less.

[sillygirl1]

Take the house off the market for a week and put it back on, then you can sell it quickly (in the intervening week clear out as much stuff as you can - unless this hasn't already been done). This happened to a friend recently and when the house went back onto the market they put it on for 20K higher than they had originally and accepted an offer for 15K higher, which more than covered any additional mortgage payment.

 

Try NOT to voluntary surrender the property as they will quickly sell it and then charge you around 5K in charges and anything else they can dream up.

[hitchy1]

The property is empty save for curtains and also a tv and sound system installed in lounge which the prospective purchasers were going to buy. The mortgage company also suggested an assisted sale. My understanding of this is that they would give me time to try and find a new buyer but that charges would still apply at some point. The house value is around £165k but i had agreed a price at £148k purely to get rid and

Ay solicitor/ estate agent fees.

[sillygirl1]

You would get NOTHING and owe a shortfall on an 'assisted sale', and as I said, their 'fees' would more than wipe out any residual income.

 

Speak to the Estate Agent who handled the original sale and ask them to 'hold' the property for a week then remarket it as a vacant property for full market value, that way you could still get a quick turnaround and maybe have a bit of a profit. They may even have another buyer lurking in the background.

[hitchy1]

What about buildings insurance and council tax?

I would struggle to pay these as i have moved out and am paying bills on a rental property.

 

Would also guess that the premium on buildings will be higher on an empty property.

Also without the mortgage company agreement the monthly mortgage would be due which is £700 the mortgage company did say they would work with the original estate agent.