HFC/Restons **WON**CASE STRUCK OUT

[tomterm8]

Hi, Bug...

 

Are you on benefits etc?

 

This will determine the next step. My instinct is to call their bluff.

 

as the original writer of the letter, my motive was to obtain the information necessary to defends claims, and file counter claims if necessary. I find it insulting that they would claim otherwise.

 

it's time to squash them, IMHO.

[Bug]

can you confirm what dates things need to be in by please?

 

Yes, Paul, no problem. The A o S was filed on 20 Nov ... I would like the defence to be filed on 11th December - might be a touch early, but I prefer things that way - you can't afford to let your guard slip with this outfit IMO. BTW the Court has the defence for the first claim - heard nothing from either the court (other than the acknowledgement that they'd received it) or HFC/Restons.

 

Are you on benefits etc?

My OH is and I'm a fill-time PhD student - we have 3 girls at home but we are up for a charging order and that I really don't want!!

[Bug]

I'm away from a computer for a while (prob until tomorrow) - I'll reply to any posts then ... cheers!

[tomterm8]

Can you post the particulars of claim?

[robcag]

Ooer ... a letter from the chief big hat at Restons ....

 

"Dear Bug

 

Re: HFC Bank Limited v Yourself

Overdue credit card xxxxxxxxx

 

Thank you for your letter of 20 November 2007.

 

We are familiar with the content of your letter having seen it elsewhere. We also understand that the purpose of this request is not in fact to enable you to prepare a defence to a claim for an outstanding debt but rather an attempt to place an onerous burden on our client to provide information outside the normal timeframes and without the payment of any fee.

 

"While we are more than happy to ask our client to provide you with a copy of the Legal Agreement, Terms and Conditions and copy statements under the CPR you will need to make your request through the proper channels for any other infromation you require.

 

"We further note from reviewing our file that you have not previously advised this Company of any dispute regarding the outstanding debt and your defence/request for infromation appears to be generated by a desire to prevent a Judgment being obtained against you.

 

Yours faithfully,

 

 

Mr N Coe, Managing Director

Restons Solicitors Limited."

 

 

Does this actually warrant/deserve a reply?

 

I had a slightly similar letter from N Coe of Restons a few days ago, also accusing me of having "...the deliberate intent of preventing our client from obtaining a judgement."

Umm...hello N Coe...do you think any of us wants a CCJ against us? Why wouldn't we lawfully try and prevent that happening? Are you wearing your brown trousers?

 

Rob

[tomterm8]

For the Attention of the case manager

 

In the Matter of XXX vs YOU

Case No XXX

Case no XXX

In the (COURT NAME)

The Court Manager

Court Address

Date

Your Address

Dear Sir / madam,

RE: REQUEST TO AMEND DEFENCE.

I would like to apologise that I have been unable to file any detailed defence to date, and to raise with you an issue that has been frustrating my attempts to deal with this issue.

On XXth, I submitted a request for information from the claimant, in respect of the case. This request is enclosed.

The response to this request for information is also enclosed; in it, they asked me to prove my identity. However, I don’t think this was reasonable, as they had served court papers to my address and were clearly aware of who I am.

The claimants then filed a new claim against me, dated XXth.

After requesting information from the claimant, I received a response from the claimant. This time they were quite sure of my identity, and gave as a response to this request for information “We also understand that the purpose of this request is not in fact to enable you to prepare a defence to a claim for an outstanding debt but rather an attempt to place an onerous burden on our client to provide information outside the normal timeframes and without the payment of any fee.”

Despite their belief, the motive behind my request was to ask for information necessary to defend my claim, and also to expedite the handling of the issue. I also believe that the claimant has added multiple charges that are unlawful to the account, and intend to file a counter claim on that matter.

I have enclosed copies of each relevant letter for your inspection.

Yours Sincerely,

XXXX (type, don’t sign)

ENC – letter dated XXX

Letter dated XXX,

Etc.

[Bug]

Hi ... I'm back at a computer once more!

 

I had a slightly similar letter from N Coe of Restons a few days ago, also accusing me of having "...the deliberate intent of preventing our client from obtaining a judgement

 

Do you know robcag - I really believe that they think this will scare us off! It is the right of everyone to defend themselves when faced with this kind of action, surely that's the reason the court gives us the opportunity to do just that.

[Bug]

Hi tomterm,

 

The PoC are in post #56 but I've copied them here...

 

'The Claimant claims payment of the overdue balance due from the Defendant under a contract dated on or about 29/10/1996 in the sum of £3656.04 inclusive of interest to the date of this summons at 19.8% per annum from 12/10/07 to 13/11/07.

 

'Particulars a/c no:- xxxxx

 

Date Item Value

12/10/2007 Default balance 3107.54

13/11/2007 Collection charge 518.02

15/10/2007 Post Refrl cr -23.10

 

 

15/10/2007 23.10

 

13/11/2007 Interest 53.58

 

Total £3656.04

 

I do have the two summons going through at the moment .... case 1 is at the stage where I'm waitint for HFC/Restons to reply to my defence.

[Bug]

Thanks also for the letter, tomterm ... it will be going off today.

[Bug]

Just as a matter of interest ... which postal method would you use to send things to the court?

[Curlyben]

I'd go with Guaranteed next day.

Ok so it's £4 but this IS important.

[Bug]

Ok so it's £4 but this IS important

 

Agreed curlyben - thanks ... it'll be going off this afternoon then.

[Bug]

Just a quick update: I've had another acknowledgment letter from the court, outlining fees for counterclaim and there's a 'signed-for' to collect from the Post Office ... it's gone to the correspondence address so it can only be a) the court or b) HFC/Restons - unlikely that it's the court I would think. I'll be picking it up tomorrow morning.

[sillygirl1]

Don't let them intimidate you with their legal terminology, one phrase to use on them in a reply is

 

"As litigant in person without recourse to professional legal advise due to costs I cannot be expected to understand the above termininology/phrase. Please can this be put into plain English. If it is not possible then the clause/phrase should be withdrawn as it is meaningless to the defendant."

[Bug]

Don't let them intimidate you with their legal terminology

 

I'll bear that one in mind, sillygirl, thanks.

 

I'm intrigued as to what the signed-for item is but I can wait til tomorrow ... I'll post it on here after I pick it up

[Bug]

Okay, it's a letter from the HFC complaints dept. It's quite long and is a reply to the letter I sent on 21st Nov (post #81). I'll probably have to post it on the thread in bits so bear with me...

[Bug]

Here goes then....

 

3rd December 2007

Dear (Bug)

Re Account xxxxxx

Thank you for your letter dated 21 November 2007, which as a member of the Executive Complaints Department has been forwarded to me to investigate and respond.

I can advise that this department will address your requirements with regard to section 2 sub-sections d,e,f,g,i and j. The remaining points will be responded to be a separate department, as this relates to a Subject Access Request, consequently your letter has been forwarded to this department to respond accordingly.

Section 2.d – True copies of any notice of assignment and or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

· Default Notice issued 31 August 2004, this letter was issued again on 20 August 2007.

· Notice of our intention to file a default notice with Credit Reference Agencies issued 19 September 2004.

We are unable to provide a true copy of the original letter advising you of our intention to file a default notice. I can advise that these letters are systematically generated, our records indicate that we have issued the letters to you and the dates on which they were issued. I have consulted with our Legal Department and they have confirmed that it is sufficient to provide a sample copy of the letters which were issued to you. We are unable to provide proof of postage.

Section 2.f – Details of any collection charges applied to the accout

When this account was forwarded to Restons Solicitors on 12 October 2007 a collections charge of £518.02 was added to the account. On 4 August 2007 a letter was issued to you advising you of the consequences of not maintaining payments on your account. I have enclosed a sample copy of this letter and I would advise that this letter had previously been issued to you on 18 August 2004.

Section 2.g – Specific details of the fees/charges applied by any other agency

As your account is now administered by Restons Solicitors they have informed me that you incurred a charge of £165.00 in respect of fees and costs, and an interest charge, up to the date of judgement, of £53.58. These costs were applied on 13 November 2007.

Section 2. i – A genuine copy of any notice of fair use of my data as required by the Data Protection Act.

In line with the Banking Code Practise we are obliged to report the repayment history of the account to the Credit Reference Agencies to which we report. As per my response in section F, you were informed on 18 August 2004 and again on 4 August 2007, that as we report to national Credit Reference Agencies on the status of customers accounts you may have difficulty, in the future, obtaining a mortgage or any other credit.

Section 2.j – A list of third party agencies to whom you have disclosed my personal details.

Your account was forwarded to Restons Solicitors on 12 October 2007.

I would advise that a copy of your letter and this response has been faxed to Restons Solicitors.

It is important that your issues are fully addressed. Therefore, if you have any further queries relating to this matter, or remain dissatisfied, please do not hesitate to contact me and I will arrange for your complaint to be escalated. Alternatively, you may follow the steps detailed on our internal complaint procedure.

As you are aware, HFC Bank is a member of the Financial Ombudsman Service and ultimately, you have the right to refer your complaint to them as an independent adjudicator in disputes between Banks and their customers.

I would also like to advise you that unless I hear from you within the next 8 weeks, I will assume the matter is resolved to your satisfaction and my files will be closed.

 

Where's my blasted CCA? That's what I want to see!!

 

There are a couple of copy/sample letters with this - none of which I can remember seeing before.

 

Any comments would be welcome.

[Bug]

The court are also taking my 'Request to amend defence' sent to them (post #81) as an actual defence...it is due in on 11 December - ought I to file a full defence? Oh, and HFC's 28 days for reply to the defence on the first summons are up today.

[Bug]

Hi, anyone?

 

I don't actually think the letter from HFC needs a reply but I just wondered if someone could give a second opinion on it, please?

 

And I'm slightly concerned that the court is taking my 'request to file amended defence as an actual defence....

 

I'm probably over-reacting but I need to be a step ahead of the HFC/Restons double act - after all they're after my home

[pt2537]

Hi Bug,

 

right then down to business.

 

 

 

you have 2 cases on the go with these buffoons. now then, with regards to the case which the court has taken you letter for amendment of case 1 as the defence for case 2

 

when does the defence for case 2 need to be filed? we need to make the court aware that this is NOT the defence for case 2

 

 

with regards to the letter above, without the credit agreement or a copy of it we cant do nowt so the letter as it stands IMHO doesnt need a response, just retain it on file

 

with regards to the second case if you have asked for disclosure and nothing has been forth coming then we can slap a holding defence asking for the claim to be struck out as it the claim does not comply with part 16 or practice direction 16 CPR

 

it all hinges on when the defence has to be in

 

 

i hope this answers a few questions

regards

paul

[Bug]

Thanks Paul,

 

when does the defence for case 2 need to be filed? we need to make the court aware that this is NOT the defence for case 2

 

My file is at uni so I need to check there to be sure ... I think it's the 11th Dec.

 

I haven't had a CCA for either case.

 

I'll get back to you tomorrow

 

Cheers again,

 

Bug

[pt2537]

cool

 

have you requested disclosure of documents for the second case?

 

ie have you sent a CPR letter to restons for the second case?

 

also can you remember were any documents attached to the claim form????

 

 

if you can let me know i can get a defence uploaded for you for this action

[FANTASY CHARGES]

these blue northampton bulk claim forms say on on the effective page 2 (not marked as page 2)

the day of service is taken as 5 days after the issue date shown overleaf

--- note it says day of service and not date of service [any pedantic comments on this difference ??]

[Bug]

Hi Paul,

 

have you requested disclosure of documents for the second case?

 

yep, I sent off an (almost) identical letter requesting documents on the second case.

 

The reply to the letter in case 1 was 2 x letters from HFC requesting copy driving licence as proof of ID before they sent anything.

 

By way of a reply to the letter in case 2 was that snotty letter from Restons about placing the 'burden' on their client - all the letters are copied in posts in this thread but I don't know the post number without going back and having a look.

 

There were no docs attached to the claim froms...apart from those attached by the court - AoS, that sort of thing. So nothing to back up either claim. I'd have thought they were fakes if I hadn't been on MCOL and checked them out. A far cry from my days as an admin officer in the county court in the 80's!!

[Bug]

note it says day of service and not date of service [any pedantic comments on this difference ??]

 

Umm, can't say that I'd noticed that - I'll have a look at the forms tomorrow .... my thought is the court would take 'day' and 'date' as mutually interchangable in this instance but I'd be happy to be corrected.