This topic was closed on 03/08/19. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group

This topic was closed on 03/06/19. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group

This topic was closed on 03/06/19. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support their. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group

Yes they sent the credit agreement and another agreement which is for insurance. On my first defence I wrote 'I reserve the right to change my defense if HFC submits the credit agreement'. Can I change my defence now? Does anyone know how would I do that?

Hi, I have the original document but the money they were taking out of my account didn't match with the agreement. So I enquired about it. But they never sent the documents that explained why they were taking more than they should. So I stopped paying after waiting 30 days. Now they sent the documents but they are saying there is £1700 collection charge plus late fees of £225.

It has been a while sorry. For a while I hadn't heard anything from the court or Restons on behalf of HFC. Recently the court asked them to provide the account details and contracts and all other paperwork. They have supplied the contract to the court and to myself. My original loan is £171.86 per month however they have been taking £175.80 from the account. Apperantly the reason for this is I allegedly signed an insurance contract with Hamilton Insurance which adds that bit of extra a month. The thing I remember very clearly that I said NO to insurance and ppi. Now I have two contracts one says £171.86 and and it clearly says on that contract that I said NO to PPI and sickness cover. The other contract is with Hamilton Insurance for 330.96 paid monthly which is an illness cover. This looks very strange because I never saw this insurance cover before. It has my signature but I am very suspicious of my signature being copied there. There are also no dates. Restons sent me a letter and to the court (application notice) saying I have no gorunds of defence and the case should go to their favour without hearing. On there they claim that their client (HFC) are not in default as they sent me the contract. I know for a fact they never sent me a contract. Neither Restons nor HFC. I received another letter from Restons which is from the court titled Notice of Hearing of Application. It says the claimants application for hearing will take place on 20 August. Any ideas on what to do.

I have now acknowledged the claim but I haven't put in the defence. I hope I still have time as the claim was filed on 19th Jan. This is the defence I am thinking of writing: 1. This Defence is filed and served without prejudice to the right of the Defendant to apply for summary judgment in respect of and/or to strike out the Particulars of Claim. 2. The defendant querried the the monthly charge being taken out of her account on or around 5th August 2006 as this amount didn't match the agreed amount. 3. Further investigation revealed that since May 2004 the claimant has been collecting the wrong amount from the defendant's account. 4. The defendant wrote to the claimant to request a signed copy of the agreement on 30th August 2006 (Please find enclosed) 5. This request was not fulfilled. 6. The defendant wrote to the claimant once again on 13th September 2006 enclosing a statutory £1 fee to request a signed copy of the agreement. 7. This request has not been fulfilled. 8. The Consumer Credit Act 1974 (Sections 77−79) state clearly that the claimant has 12 days to supply this, after which the claimant is in default. After 30 days the agreement becomes unenforceable. 9. By failing to comply the claimant has committed a criminal offence. 10. The Defendant invites the Claimant to remedy the above by supplying a copy of the original credit agreement. In the event that the Claimant fails to do so within 14 days of the service of the Defence then the Defendant will apply to the Court for an Order striking out the Particulars of Claim. 12. The Defendant reserves the right to plead further to the Particulars of Claim once and if the Claimant produces the ornaginal agreement. In the meantime, it is denied that the Claimant is entitled to the relief claimed or any relief whether as pleaded or at all. Do you think it is okay?

Karen, thank you so much for the interest you have shown to my thread. I am sorry I was away and couldn't reply before. I took out this loan on April 2004 and I have been paying the amount requested on direct debit monthly (this is different amount to what is on the agreement). However, didn't realise the difference in amount deducted from my account and the agreement up until 4 months ago. I called them to notify them of the mistake and asked for a statement and the copy of the agreement. They didn't send it. So I asked it in writing and enclosed a postal order and told them I am not paying any longer until they send me the agreement stating that the amount they have been charging me is correct. Until now they haven't sent the agreement. Instead they sent a default notice which I replied informing that what they were doing was unlawful. Now I am faced with a CC claim. Particulars of claims simply says I owe them 10229 plus 1700 collection charge. It quotes the account number and the date it was taken out. So far I acknowledged the claim with intend to defend in full. I e-mailed the solicitors asking for the agreement and the account statement and they replied saying "they don't hold that kind of information so I should contact HFC directly". I don't dispute I owe them money but they have been charging me wrongly and there are charges on this account but they are not sending me any info.

Thanks Karen, They are using restons solicitors and the loan was for 10,000. So should I tick "I intend to defend all of this claim"...? I will read your other threads, thanks for your help.

I have just been served with county court action by HFC. I had a loan agreement with them and for over 2 years I have been paying properly. Then I realised they were charging me £4 more than the agreement. So I phoned a few time and spoke to a few people but they were sure that the monthly payment I was paying is correct (agreement says otherwise). So under the credit act I asked for the agreement. This was in November and I haven't yet received the agreement. So I stopped paying and told them that I am not paying until they proved that the amounf I have been paying was correct. Now they are taking me to court and I have to file defence... Anyone know how to go about it... There are also charges on the account and somehow the amount they filed for in the court has an added amount of £1700 which is the collection charge.. This is a joke, any suggestions would be greatly appreciated.

john, you have given them enough time. Now put your claim through and wait for their defence. I suggest you put £100 aside for the allocation questionnaire which you are going to have to pay to the court once they send their defence. If you don't pay that your case might be struck out..

Don't give up myzeejon, they can't defend these charges. They are simply excessive and they will eventually refund the whole thing. Good luck..

Thank you all for your support. I can't believe they have waited till the last minute to pay. I filed this claim on 6th April and they were lucky enough to be given more than two month by the courts to delay paying... I hope these delaying tactics don't deter people from claiming.. On another note they have also agreed to pay back the mis-sold PPI on a loan which adds to a considerable sum. I am still very angry with them though.

Thanks sparksfly.... £30 might be a small amount but as the cliche goes; IT IS THE PRINCIPLE.... Kathbaby, I am sure you will not get it wrong. There are many posts including mine that details of the particulars of claim and other aspects of the moneyclaim site. Good luck and I hope your claim gets settled quickly..

This is really strange.... I checked my bank balance at around 5pm and it was as I expected... Arrived home an hour ago.. logged into online banking to find out £2350 was credited to my account.... Not only they have settled the case in full but paid up £360 extra which was the amount of charges since 6th April when I filed the case.... No letters, no phone calls, no conditions..... They simply paid up... Thank you for all your help, I hope this forum continues to help many others... I will still be around... So if anyone needs me please don't hesitate to write....