Can buyer of defaulted debt add fees and interest to debt?

[IWanttobeFree]

I defended the case and they had to discontinue the claim,

but now they sent me a letter, with all the court fees and interest added on a periodic statement, almost £600 added to debt.

 

Can the buyer of defaulted debt keep on adding fees and interest where the default debt was less than £5,000?

 

Or could it be a ploy to get me to make contact with them (to prevent it from becoming time barred) as I never made contact with them since default some 4 years ago?

[dx100uk]

doesn't matter what they add the debt will fall off on the defaulted date regardless

and as they lost very unlikely they'll try again.

 

who are THEY?

[renegadeimp]

Buyer can't add anything. They can try but it would be unenforceable

[IWanttobeFree]

Sorry, I should have clarified.

 

The claimant was HPH2.

I don't think I won because I only sent a defence to a badly put together claim and challenged the basis of the claim.

 

they were forced to provide me the agreement,

but obviously they didn't have it,

and wrote to me saying if they couldn't get it by certain date then they are obliged to notify the court of their intention.

 

Now they have sent me a statement with all the court costs and interests slapped on.

I think they will try again.

And if they do, then which section of CCA I need to quote in my defence to prevent them from claiming these fees and interest charges?

 

Secondly, with these costs and interests,

they have pushed my debt closer to £5,000 limit.

Can they at that stage take a different route of bankruptcy?

[dx100uk]

makes no odds they lost they cant have 2 bites of the same cherry

and I would guess this was an OD claim too?

so even less likely to win anyway

 

Any alleged amount claimed could only consist in the main of default penalties/charges levied on the account for alleged late, rejected or over limit payments. The court will be aware that these charge types and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbeyicon National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety.

 

for get about it.

them adding anything means nothing.

 

it will drop off your file on the defaults 6th birthday

and become statute barred not long after your last payment/use.

[Andyorch]

If you can dig out the original paperwork from the original creditor and try to find out what the figure was at the time of assignment...that figure is what is owed should you decide to pay it.

 

If you wish to have a little fun then write to them and ask why they are adding amounts to a terminated agreement which was assigned to them on xxxxx ? and why have they added court costs/legal fees when it was they that discontinued their claim ? and why they are falsely inflating you indebtedness to Credit Reference Agencies and miss reporting information.?

 

Type across the bottom ...CC.. Information Commissioners Office/FCA