Nick vs HFC

[BigNick2]

Just thought Id let you guys know:

 

Amount claimed £732.19

 

The defendant filed and acknowledgement of serivce on 02/01/08 indicating an intention to defend.

 

This is for a credit card.

 

Wish me luck!

 

Oh tried to pm an admin with litigation details as one of the 'sticky's requests but inboxes full so I hope this is ok

[saintly_1]

Hi if you wish you can pm me your litigation details

bank ...

Claim no ..

Date of claim ..

Amount ..

 

[BigNick2]

Thanks sanitly, have pmd u

[saintly_1]

Thanks ....... they have been added to the other litigation details

[BigNick2]

HFC filed a defence last week but I didnt recieve notification from the court. Called court today and they're resending, so I'll post details when I recieve it.

 

Hearing's been set for the 6th March. Can't help but think the worst, is this normal?

[BigNick2]

Recieved the defence, no confirmation of hearing though? Just one sheet of paper showing their defence.

 

1. The claimants account is governed by the defendants personal and or business banking t&cs

 

2.Pursuant to the defendants terms and conditions the defendant is entitled to make a charge for its services as set out in the defendants price list, including an overdraft review fee for considering whether to provide and providing an overdraft.

 

3. The defendant denies that the charges applied to the claimants account amount to penalties at common law and or unfair terms for the purposes of the unfair terms in consumer contract regulations 1999.

 

4. The charges applied to the claimants account are reasonable and are properly and fully disclosed in the defendants t&cs. The charges represent the contractually agreed price for the services provided and the UTCCRs are not applicable to them; alternatively they are not unfair contrary to the UTCCRs. Further, the charges are not default charges and accordingly cannot amount to a penalty.

 

5. Save as set out above, each and every alegation made by the claimant is denied. For the reasons set out above, it is denied that the claimant is entitled to the relief claimed or any relief.

 

Is all this normal?

 

Whats my next step? Can anyone point me in the direction of some advice for the actual hearing?

[saintly_1]

There doesn't seem to be anything untoward about the defence

Did you receive an Allocations Questionaire with the defence ?

 

Have a look at the following links

http://www.consumeractiongroup.co.uk/forum/general/57708-draft-order-allocation-questionnaires.html

 

http://www.consumeractiongroup.co.uk/forum/guidance-notes/

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/97447-court-bundles-dummies.html?highlight=court+bundle+for+dummies

 

Hope that helps

 

Saint

[BigNick2]

Thanks saintly thats useful.

 

Nope no allocation Q, should I phone the court and get them to send it?

[saintly_1]

No ....... some courts have dispensed with the AQ

[BigNick2]

Cool thanks saintly.

 

Im away this weekend so cant work on this but ill defo have loadsa Qs on mon when ive read through all that info!

[BigNick2]

Ok Ive got the notice of allocation stating taht Ive got a hearing on 6th march for Directions Only.

 

Reading through those links, Ive already sent a court bundle but with my claim form, but all it had was the particulars of claim and statements, do I need to send anything else?

[saintly_1]

All the court will have at the moment are your POC's and your Schedule of charges The court bundle is everything that you will be relying on as evidence in court.

There are 2 options

1) http://www.consumeractiongroup.co.uk/forum/bank-templates-library/33060-basic-court-bundle.html

 

2) http://www.consumeractiongroup.co.uk/forum/bank-templates-library/111522-advanced-court-bundle.html

 

have a look at them both ..... the basic is a zip file

 

saint

[BigNick2]

Thanks, helpful as always saint

 

Ill get that sent out by the end of the week

[saintly_1]

You need to do it in triplicate ........

 

1 for the court

1 for HFC solicitors

1 for you

[BigNick2]

Couple of Qs:

 

How do i go about writing a witness statement? (I found one for llyods but thats for a current account, and im a bit confused how to word it for a credit card)

 

I havent got the t&cs, and there doesnt seem to be any for HFC in the libraray (im assuming I need HFC t&cs - its an RSPCA version of a Beneficial Card)

 

And if Ive already sent all the statements and schedule of charges with the claim form (in triplicate) do I need to go through the hassle of copying all these again?

 

And I just thought, is everything in the advanced bundle relevant for a credit card?

[BigNick2]

'3) The full OFT report. No need to print out the whole thing, but you do need the front cover, section 1 "overview" and most importantly, section 4.21 "Disguised penalties". You should put this in INSTEAD of the OFT report summary from the Basic Bundle in the templates library.

 

Plus, the OFT report "Anayasis of Unfair Terms in Schedule 2". Particulary relevant is section's 5.8 -

 

Analysis of Unfair Terms in Schedule 2 (link doesnt work)'

 

what should I do about this?

[maroondevo52]

Hi, BigNick2.

 

Is this the one you need ?............

 

The Office of Fair Trading: Unfair contract terms guidance

 

http://www.oft.gov.uk/shared_oft/reports/unfair_contract_terms/oft311part2.pdf

 

 

Regards.

 

Scott.

[BigNick2]

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.

[saintly_1]

What directions where you given in relation to the court date ?

[BigNick2]

What directions where you given in relation to the court date ?

 

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.

[BigNick2]

What directions where you given in relation to the court date ?

 

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?

[saintly_1]

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/82729-allocation-hearing-test-case.html something like this would proberbly be ok

[BigNick2]

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?

[saintly_1]

http://www.consumeractiongroup.co.uk/forum/guidance-notes/64911-got-court-date-guide.html have you read this section . Directions hearing is similar to an allocations hearing.

[saintly_1]

The link i posted in #22 was a link to a witness statement !