Restons Solicitors & Hfc Disgrace!!

[Under Siege]

I am currently in a DMP with the vast majority of my creditors. However HFC (spit) which is one of my smallest balances have not responded to my request of pro rata payment.

 

Today I have received a claim form from Restons requesting the full amount plus a collection charge of £345!

 

In my anger I called them up to see what they are playing at and their response was basically tough luck we will not stop proceedings!. I re iterated my commitment to coming to an arrangement but the ****** on the other end of the phone didn't want to listen.

 

My problem is that in my line of work I could really do without a ccj and need to avoid this going to court. what is the solution.

 

The particulars of claim are -

 

The claimant claims payment of the overdue balance due from the defendant under a contract dated on or about xx/xx/xxxx in the sum of £xxxx

[Curlyben]

Is that the entire POC ??

 

On well time for a nice CPR for Restons then.

 

REQUEST FOR INFORMATION UNDER THE CIVIL PROCEDURE RULES.

 

Dear Sir/Madam,

 

I have received the Court claim filed by your Company. To enable me to file a defence and counter-claim, I require specific information regarding the account to be provided forthwith. Given that this matter is now the subject of legal proceedings, you are obliged to disclose under the Civil Procedure Rules, the information and documents detailed below. This letter supersedes the Data Protection request made to on the **DATE**. The information must be furnished by the **DATE**, which gives you ten days to provide what has been requested. If you fail to comply, this will be reported to the Court, a copy of this letter will be provided as evidence to the same and an Order enforcing your compliance will be sought.

 

1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.

2. All records you hold on me relevant to this case, including but not limited to:

a. A transcript of all transactions, including charges, fees, interest, repayments and payments and both the original amount of the loan and any repayments made to it the account.

b. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations

c. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with **CREDITOR**.

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.

e. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

f. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

g. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

h. A genuine copy of any deed of assignment, or proof that you have a legal right to this money.

i. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

j. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

 

3. Any other documents you seek to rely on in court.

4. A copy of your complaints procedure, as required by the Consumer Credit Act 2006.

5. Clarification of the date you acquired the debt, what organisation you acquired it from, their registered office, their company number (if any) and what legal title they had to this debt, and what credit license number they had at the time that the debt was purchased or entered into.

 

I will require this information within the next ten days. I must advise you that if the information is not forthcoming, it will be reported to the Court that you are trying to frustrate proceedings and denying me the opportunity to file a defence and counter claim.

 

I would appreciate your due diligence in this matter.

 

I await your rapid response.

 

Yours Faithfully,

 

[Under Siege]

Hi Curlyben,

 

This is the full PoC

 

The claimant claims payment of the overdue balance due from the defendant under a contract dated on or about xx/xx/xxxx in the sum of £xxxx

 

PARTICULARS a/c no - xxxxxxxxxxxxxxxxx

DATE ITEM VALUE

xx/xx/xxxx Default Balance £xxxx

xx/xx/xxxx Collection charge £345

Post Refrl Cr NIL

TOTAL - £xxxx

[Under Siege]

How should I complete the claim form?

 

Do I request 28 days to prepare my defence?

 

What are Restons rights to add a collection charge?

[Curlyben]

Yes acknowledge service thus giving 28 days from date of service to file a defence.

 

No need, see above.

 

Dodgy ground there.

[Under Siege]

Thanks Curlyben

[Under Siege]

Curlyben,

 

I'm about to send your letter, would it be advisable to add a paragraph giving them the option to stop litigation and accept pro-rata payment?

[Curlyben]

That's entirely up to you.

[tomterm8]

If you do that, send it as a seperate letter marked without prejudice save as to costs.

 

Remember not to sign the letters, just type your name.

[Under Siege]

cheers guys

[Under Siege]

Acknowledged service online with MCOL

 

Posted off Curlybens original letter to Restons by special delivery.

I will wait a couple of days then write again asking them to offer my pro-rata payments.

 

I have made a complaint to the Financial Ombudsman and received a reference number (they are going to investigate)

 

I have written to HFC head office advising them of my complaint to FOS and asking them to TALK TO ME!

[sillytel]

Restons are a shower.

They tried to stick me with £1500 of collection charges on a CCJ claim.

I wrote to HFC and they withdrew it when it got to court.

Make sure you dispute it in writing and send letter by recorded delivery.

sillytel

[Under Siege]

I have received no reply to my request for information from Restons (the 10 days has passed).

Should I wait any longer or inform the court now?

HFC responded to my complaint, basically fobbing me off and telling me to contact Restons.

[tomterm8]

i would wait a little while.

 

Have you acknowledged service, etc?

[Under Siege]

Yes, I have acknowledged service.

I will give them a few more days.

[Under Siege]

I have still not heard anything from Restons since I sent Curlyben's letter.

What should my next step be. Should I inform the court?

[lottery-loser]

I'm "glad" to see there is someone dealing with the same scrapings off the floor as I am...

 

I have read the posts and found them very helpful, however, my situation is slightly different/more complicated.

 

Restons and HFC have apparently been unable to send me a signed copy of a CCA and tell me they are under no obligation to do so (using the consumer credit-cancellation notices & copies of docs regs 1983). i took the credit card out in Feb 05 (in person, not electronically) so I don't know which bit overrides t'other (ie 1974 CC legislation).

 

I have done everyting i am able to do re repayments. However I was only able to make token £1 amounts (debt is c.£7-7,500). We are selling our house (leaving us/me homeless afterwards) in order to repay our debts as we cannot live like this anymore. I told them this and they are ignoring my efforts. When I asked them again for CCA in about Nov or poss Jan this year I also offered to increase my monthly amounts to £5. THey have compeltely ignored this offer.

 

Now, it seems to me (though what do I know?!) that they have apparently committed a crime by not providing the signed agreement within the 32 days and on top of that possibly another one by issuing proceedings against me when they knowingly have no valid CCA. However, am I right? And can they get away with it?!

 

yhey also have not (i believe) made every reasonable attempt to negotiate reasonably and avoid legal action.

 

i only received the court form today and I am hoping that we will have completed on the house by Easter. At that point I will only have a poste restante address to send correspondence to (& am assuming this would not be a legal address for service of legal docs). My intention was then to make full & final offers b4 departing the area/country/planet!

 

can/should i inform the ct that i do not believe they have a legally enforceable case? and show that i have done everything reasonable to comply withtheir requests?

 

also if i do not agree with the exorbitant costs they have added, would that mean i onlt acknowledge part of the debt, not all?

 

thanks for any help!

[Under Siege]

It seems these companys are just in the business to intimidate people. However and when you fight back they don't want to know.

They are always keen to quote laws and regulations to back up their claims but when you do the same back they try to wriggle out of their legal obligations like the slime they are.

 

I have had a similar situation with Mercers (which was almost laughable) they kept calling me up and telling me of my obligations that I entered into on signing my credit agreement. But when I ask to see a copy of the agreement they dont want to know! They just keep asking "What do you want that for?"

[Under Siege]

Lottery-loser, Although I am not a expert I am pretty sure that HFC are talking rubbish.

However I am absolutely sure that HFC are set of hucksters. Take a look at the record fine that they have received from the FSA for mis-selling PPI.

 

It is our duty and our rights to stand up to these cowboys and refuse to be bullied by their underhand tactics.

[lottery-loser]

Lottery-loser, Although I am not a expert I am pretty sure that HFC are talking rubbish.

However I am absolutely sure that HFC are set of hucksters. Take a look at the record fine that they have received from the FSA for mis-selling PPI.

 

It is our duty and our rights to stand up to these cowboys and refuse to be bullied by their underhand tactics.

 

aBSOLUTELY, though for me the siege will be over soon, unless they besiege me under my cardboard home in the high street...

 

I wish i had known all this in the beginning, though it is the stress that is killing. I have been seriously ill for about 3 years and all this has made me so much worse. In some ways, because of having to sell my beloved house, my nightmare is just beginning...

 

These despicable Cos say they are "sympathetic" to your situation and in the next sentence say they are taking you to ct even though I have had an official debt adviser (as well as the CAB) send them proper, agreed fin statements, so they know that you can't pay any more. I don't know what they think they'll get out of me, but there'll be nothing they can do as I have no income to attach an order to, no belongings to send the bailiffs round for (except perhaps the car that I;ll be sleeping in!), and no home to put a charge on, so WHY are they wasting time and money??? Calling my bluff can be the only possible reason.

[Under Siege]

I would appreciate advice on what to do as Restons have not responded to my information request and time is ticking.

[Under Siege]

I need to file my defence. bearing in mind that Restons STILL have not responded to my request for information what is the best way to proceed (I also dispute the alleged amount owed)

Can I get the case switched from Northampton to a local court as I wish to attend and defend myself.

Thanks

[robcag]

Hi US

 

As it seems your claim was issued by the Northampton Bulk Centre, you have 5+28 days starting from the date of issue as a deadline for filing your defence, so it looks like you have a while yet.

 

Rob

[Under Siege]

Thanks Rob

[REST ON A SUNDAY]

any update ?