Ooo I've just seen a mistake!! Part C, number 3 says I made the disclosure request by email .... NOT TRUE and I can PROVE it - that means that they issued a claim to my address without satisfying themselves as to my identity ... am I wrong in thinking that's naughty?

Thanks Paul

Hi Chris...right, I'll try my best to answer your questions concisely (not always easy for me!!)

Sorry both ... been in the lab setting up a beast of an assay ... here now. Car, I'll answer your questions in a sec .. just got the two files out and Paul, yep, I'll take you up on your offer, thanks, they'll be on their way in a mo.

Thanks Paul, much appreciated.

Here it is http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/110146-car2403-hfc-bank-default.html ..post #7 The CCA is just about identical to mine by the looks of it...

....please don't apologise ... I'm just grateful that I have someone helping me through this ... it's just that sometimes I feel as if I'm standing still and the whole world is racing around me ... I'll go and find the link to car2403's thread - it's been a while ago and his is about as straightforward as mine at the mo

I tried and I thought that I had sent them to you but I must have misunderstood .... sorry - I take it that you haven't seen them?

..does that make a difference - the fact that it wasn't on their premises. I can honestly say that I've NEVER been on their premises! Also I was looking at car2403's thread and he posted a copy CCA from HFC near the start of his thread which looks very similar to mine and says there might be terms missing - it may be worth me checking that all the prescribed terms are there. They will presumably have to produce the original at the hearing in April but is it safe to assume that the terms and conditions won't be part of the same document as seems to be the case with the copies they've sent me? What seemed to be so clear to start with has suddenly gone base over apex somehow

Yep, that's it. Two actions then - this one is for a loan which paid off a credit card and the other case (where we've done the AQ) is the credit card which I maxed out again because I was young and stupid.

If memory serves me right, I had been paying through PayPlan for some years and they phoned me and said something along the lines of we can wipe the interest out for you .... that must have generated the agreement you see now because the original (first) agreement was years older. No, sadly, I can't. I have the feeling this is turning into a real mess, mainly because I can't remember any of the details .... I don't like admitting defeat, but...

(removed)

I've scanned the docs but not sure of the best way to upload them? I don't have photobucket (?) or anything like that.

Thanks Paul, I'm so very grateful to you - I know you're on my side and that helps so much robcag, thanks for looking in .... Yes, there are. It'll be clearer when I've scanned and uploaded the documents but the Loan Agreement has lots of 'noise' on it ... similar to the really old photocopies if you know what I mean. There is what looks like a crease mark halfway down the form. The page with the T and Cs is different .... no noise, no crease and staple holes in one corner. See what you think when I upload the scans. I just can't scan here at uni - we have a scanner in our office but it would probably take til midnight to scan it anyway - the scanner at home is so much better and you should be able to see the differences clearly. Thanks Rob - your support is important to me

Thanks for your speedy reply Paul. I can't scan the thing until I get home but the hearing isn't until 7th April so I don't think it will hurt waiting til tonight. I'm afraid it is ... I can't say about the terms until we go through it in more detail - it's full of words so it looks like it might be right. The T and C are on a different page but they're photocopies attached to the Application so I can't tell if they're all part of the same document...they DO look like different copies (the front is scrappy and the T and Cs clear) but I'm probably clutching at straws here.

Okay, the AQ and attachments are about to go off and wham! I've just received notice of an application for summary judgment on the first case And lo and behold, they've attached a copy of the CCA - rats. Help.....

Hi Have a look at this thread... http://www.consumeractiongroup.co.uk/forum/general-debt/125387-charging-orders-legal-update.html?highlight=charging+order ....might explain why there has been a 'rush' on charging orders

Of course this is one option open to you and I certainly wouldn't want to have a go at anyone who volunteers to help others but I found I got far more constructive help on this site. Ooh, what a statement to make!! In reality I'd be really surprised if they DO have it but either way the burden of proof is on them ... I don't have mine - if indeed I ever had one to start with. You'll see from the posts in my thread that the debt is unenforceable without the CCA so it's up to them to produce it AND it has to comply with the terms of the Act, so there's a number of things for them to get right....have a look around the site for charging orders - I seem to remember at least one CAGer having one removed and judgment set aside but I can't recall exactly where I saw the thread. I'll have a look around and post the link if I find it. These bozos (meaning HFC/Restons of course ) are pretty determined to turn an unsecured loan into a secured loan if they can get away with it and whilst there seems nothing written IN LAW to prevent them doing so, to my mind it is fundamentally wrong and we should stop them if at all possible. I'll be rooting for you

Hi LoW I'm subscribing to your thread because I'm involved with this double act as well. Follow the good advice you will get on this forum and have a browse through my thread http://www.consumeractiongroup.co.uk/forum/hfc-household/117249-hfc-restons.html ...it's quite lengthy but you will see me turn from dispair to determination with the help of pt2537, Curlyben and tomterm. Don't have anything to do with Restons ... they're nasty. Certainly NEVER, EVER speak to them on the phone - from now on you want everything in writing. HFC collectively don't know what's going on half the time so don't waste your breath on them either. Please don't ignore anything you get from the Court - put it on the forum and someone more knowledgeable will come along to help you with it ... you'll see some examples on my thread. Above all, don't let them get you down and bully them for the CCA - they haven't sent me mine yet and now they can't even find a trace of my account numbers! Chin up and keep at 'em. Bug

Hi Paul I'm just completing the AQ, etc. Couple of things... it mentions a fee but as far as I can see it would only be HFC who had to pay do I need to send a copy of the AQ and Draft Order to Restons (presumably not HFC themselves)?

Oh, they may rattle me sometimes, when they bring out something new but I have no intention of letting them get away without a fight. I have to say though the FSA fine did give me food for thought - we can only guess how many of their customers have fallen foul of their underhand tactics over the years - pity they didn't all know about the CAG.

Okay, thanks .... I'll keep you informed - just eager to get them off my back and out of my life for good really....

Sorry Paul - just read it properly now - duh! Oh boy, and I think I stand any chance in court....eek

Just a quick question, is the Draft Order for directions okay with the amendments, ie. putting HFC as claimant, me as defendant, etc? I should apply for the claim to be struck out I would imagine? Sorry ... having a thick moment here :o

Thanks Paul - I'll get to it!