Bump

Hey guys, Almost 3 years since I left uni, and having heard nothing from them since, the accomadations office has begun writing to me demanding almost £500 for damage it is alleged I caused in a shared flat (uni owned student accom). I have previously admitted the damage I was responsible for - letting of a fire extinguisher and damage to the carpet in my room, and this was covered by my deposit. They are saying I am responsible for a broken kitchen window?! (almost £500 itself)!. I have written to them, saying that I dispute the debt, and asking them to show that I am personally liable for this. They responded that as I did not dispute the charges within 14 days of their initial contact regarding this matter (3 years ago, which I have no recollection of receiving) they are refusing to acknowledge any dispute and will pass the debt to a debt collector if no payment is made by the 30th sept. I requested a copy of the residency agreement, to which I recieved one A4 sheet, in which there is no mention of who is repsonsible for any damages to the flat. They also claim I have presviously admitted liabilly for the entire debt. Their eveidence of this is a letter they apparalentley sent me, again 3 years ago, in which they state 'you have previously admitted responsibillty for these damages.' Feel like because I was the only preson in our flat who admitted the damage I did do (my bedroom carpet and the fire extinguisher) that they are taking that to mean they can blame me for everything. The other prob is that I will be abroad for the last week of this month, so Im concerned that whilst im out of the country things will escalate. Any advice appreciated!

Oops, thanks Thanks for link Michael ill get taht done ASAP.

Thanks Michael, i think Ill do that. Is it a simple process to ammend POCs?

It seems like common sense to me - thats the interest theyve charged me on the debt built up by the charges so surely its only reasonable to claim that back too? Can you point me in the direction of some info on how I would go about arguing this in court?

At the court stage in my claim against HFC and had an offer from them today: http://www.consumeractiongroup.co.uk/forum/hfc-household/126256-nick-hfc-2.html#post1370669 I was claiming contractual interest, and attached a spreadsheet to my claim form showing this. In the offer they are offering only s69 interest at 8%, and looking at my POC Ive seen that this is what I wrote i was claiming, even though I put the figure for Contractual Interest. Where do I stand, should I just accept the 8% now? Really bugs me that by accepting the 8% they've still made money on the charges theyve put on my account from the extorniate interest they charge.

Ok I understand that. How should I go about writing a response to their offer asking for contractual interest? And am i right to claim contractual interest or would the court only award s69?

How should I go about arguing my case to claim contractual interest? Should I even be claiming contractual interest?

Got an offer, its £300 short though. Theyre claiming my interest calcualtions are wrong, under section 69 of the County Courts Act. 'Interest is calculated at a daily rate from the date that each charge was applied. A £25 charge on 5th sep 2004 interest should be calulated as £25 x 0.00022 to give a daily rate of £0.0055 x 1249 days is £6.87. I though I could put the same interest rates on the template spreadsheet as they charge me on my credit card. Is this right

Ok should I write to HFC requesting a copy of my T&Cs then? How should I word this to ensure they comply?

I just spoke to the court and they said that there is a Small Claims hearing listed for the 6th of march, not a Directions Only hearing as I have been notified in the Notice of Allocation. Lady at the court said I have to make a request in writing to find out exactly what kind of hearing this will be. Seriously confused now! From reading up a bit it appears that a bundle isnt required for a directions hearing, so it is confusing that ive been ordered to submit all my evidence 14 days before this hearing?

Anyone got these or got any idea where I can find them? Desperately need them for my court bundle. Thanks

Thanks Saintly, didn't come across that section before. Oh and found that wintess statement, thanks again! Any ideas for the t&cs?

Thanks Saint but this is going to be a directions hearing, looks like the link you gave is for an allocation hearing so im a bit confused. Also still need some help with the witness statement and getting ahold of the T&Cs?

Hi Saintly, I was given a notice of allocation to the small claims track. Its going to be a directions only hearing to take no longer than 10mins. 'Each party shall deliver to every other party and to the court office copies of all documemnts which he intends to rely on at the hearing no later than 14 days before the hearing.' Im assuming this means the court bundle. It this what you meant?

Hi Saintly, I was given a notice of allocation to the small claims track. Its going to be a directions only hearing to take no longer than 10mins. 'Each party shall deliver to every other party and to the court office copies of all documemnts which he intends to rely on at the hearing no later than 14 days before the hearing.' Im assuming this means the court bundle.

Perfect maroondevo, thanks Needed help with a couple other things too.. I havent got the T&Cs and there arent any in the library for an HFC credit card, any ideas how I can go about getting them? And How do I write a witness statement? The template statement seems to be specifically for charges on a current account, this is a credit card.

Are you saying they were found to be correct in stating that they don't apply late playment fees on store cards? Ive got a GE store card with a few hundred pounds of charges on it, so dont know how they can say that?

If anyones got experience putting together a court bundle for a charges reclaim can you take a look at http://www.consumeractiongroup.co.uk/forum/hfc-household/126256-nick-hfc.html please. Got a couple Qs I need answering. Thanks!

Thats shocking Alex, really hope it hasn't put you off the gym for good. As a former fatty I know how hard it is to take the first step. How good would you feel if, after working out a few times a week for the next few months, you could walk past that same instructor fit and flab-free? Completely understand that you don't want to go back but it could serve as a motivator for you.

Thanks midge didnt notice that. First copy got sent out with a letter to tv licensing today

Constant hassle from banks, TV licensing and others have forced my hand. I now enclose my own personal terms and conditions with every correspondence. Complete gibberish and completely unenforceable but make make them think twice before harassing me in future Feel free to plagarise at will! This forum is packed with examples of private companies and public bodies enforcing goobledygook T&Cs, so thought I might as well have a crack myself. Terms and Conditions Definitions: References to 'you', 'your' and 'yours' are references to the person(s), organisation(s), or public body/bodies insisting on correspondence, based on misinformation, which results in costs to BigNick. References to 'I, 'myself,' ‘my’ and 'one' are references to BigNick Any monetary values are in pounds sterling, and will be updated without notice, at any time based on exchange rate/inflation alterations and/or to reflect any increase in costs for myself. If correspondence has been initiated by BigNick these terms and conditions are voided. Terms By insisting on further correspondence based on misinformation, when you have already been informed of said misinformation and made aware of these terms you accept, in full, the content of these terms and conditions. You have already been informed that your correspondence is unsolicited and/or based on misinformation by my primary correspondence. As a gesture of goodwill I will personally absorb the costs of initial correspondence with you, at which point my position would have been made clear and any misinformation you possess corrected. I require compensation for any further correspondence as follows: Written correspondence: £2.50 This covers the costs to me of stationary, time taken to write letters and postal costs. Outbound telephone correspondence: The cost of calling any phone line you provide, plus 10p/min. Inbound telephone correspondence: Your standard network charge Any costs incurred by you represent the full cost to me, and are in no way an attempt to extort monies from you, or procure profit. Proof of these costs may be obtained at any time, for the cost of your chosen method of correspondence outlined in section 4. If a complaint is made for harassment, you have been informed in any initial correspondence that your continued correspondence will be considered such. Harassment complaints may result in either: Civil action against you; Criminal action against you Governing law The Terms are governed by and interpreted in accordance with the laws of England and Wales and the courts of the above jurisdiction will have non-exclusive jurisdiction in respect of any dispute, which may arise.

You dont learn if you dont ask Picking up a wee bit of legal knowledge reading this site but this is something thats been confusing me: If there's 2 pieces of legislation/law/statutes that conflict how does it get decided which is used?

Im far from a legal expert but my understanding was that even if the OFT looses individuals are still able to continue with their own claims?

Read somewhere today (cant remember where) that the banks finished giving their side either today or tomorrow and then it's the OFT's turn.