HFC agreement turned up Help

[trevor33]

Phoned the court today to ask what is happening with my letter. Person I spoke to thought I should complain to the Law Society about w/mans. I pointed out that they had not complied with the court order and that I could not now continue with the next part of the order due to lack of time. The letter is now being put before the judge. We will see.

[trevor33]

I now need to get my witness statement sorted before 12th Dec. Anyone know where in CAG is one I can look at, save me trawling through all the excellent threads. Been at it a couple of days now but not found one.

Thanks Tevor.

[citizenB]

Hi trevor,

 

There is a Witness Statement in post 35 in the link below. It has been prepared for the OP by surfaceagentx20. It should give you a fairly good idea of how to prepare one.

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-1827553.html

 

The following Witness statement is in post 147 and they too are being taken to court by HFC.

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-1833002.html

[trevor33]

Hi trevor,

 

There is a Witness Statement in post 35 in the link below. It has been prepared for the OP by surfaceagentx20. It should give you a fairly good idea of how to prepare one.

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-1827553.html

 

The following Witness statement is in post 147 and they too are being taken to court by HFC.

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-1833002.html

 

Thanks for that citizenB. Basically, a witness statement is just a resume' of what went on. The two witness statements in your links are a bit different to mine though. Regards Trevor.

[car2403]

A witness statement is a statement of a witness (sorry!) - and that's you. What it should be, as you are a LIP, is an outline of what you will say in Court to put your case across. It needs to be well thought out and precise, in a logical manner.

 

I know this seems like a mountain to climb, Trev, but writing your own WS is the best way to go - that way you will know what it means when you get to Court and have to put the points across, or answer questions about it.

 

Use the templates on the site, (linked above?) to set it out, but each WS is individual to each cases own merits.

[trevor33]

A witness statement is a statement of a witness (sorry!) - and that's you. What it should be, as you are a LIP, is an outline of what you will say in Court to put your case across. It needs to be well thought out and precise, in a logical manner.

 

I know this seems like a mountain to climb, Trev, but writing your own WS is the best way to go - that way you will know what it means when you get to Court and have to put the points across, or answer questions about it.

 

Use the templates on the site, (linked above?) to set it out, but each WS is individual to each cases own merits.

Thanks Chris, I am so happy that you and all the others on CAG are always there to help. I would probably have given up by now otherwise.

A question. I have found that the DN does not give the 14 days before action. Can I keep this up my sleeve until trial or will I have to include this in my WS. Best regards Trevor.

[citizenB]

My apologies trevor, I should have explained more clearly that they were EXAMPLEs and only to be used as a guide/reference.

[car2403]

Thanks Chris, I am so happy that you and all the others on CAG are always there to help. I would probably have given up by now otherwise.

A question. I have found that the DN does not give the 14 days before action. Can I keep this up my sleeve until trial or will I have to include this in my WS. Best regards Trevor.

 

Disclose it in your WS - this is a reason for them to settle pre-hearing and you need to disclose it or you may not be able to rely on it.

[trevor33]

Chris....I've c****d up a bit. My WS has to be at the court by 4pm on Wed 10th December. I am desperately typing as you can see from the post time. I thought I had more time!!!!!.

Would it be OK to pm my WS to you for a quick look over when its done. Probably today sometime. I should be able to deliver it to the court on Wed.

Best regards Trevor.

[car2403]

Chris....I've c****d up a bit. My WS has to be at the court by 4pm on Wed 10th December. I am desperately typing as you can see from the post time. I thought I had more time!!!!!.

Would it be OK to pm my WS to you for a quick look over when its done. Probably today sometime. I should be able to deliver it to the court on Wed.

Best regards Trevor.

 

Sure... Send it by email to car2403 (at) consumeractiongroup (dot) co (dot) uk and I'll have a gander...

[trevor33]

Sure... Send it by email to car2403 (at) consumeractiongroup (dot) co (dot) uk and I'll have a gander...

Thanks Chris for that. I am struggling at present. I should have realised the timescale before. I am hoping to get this finished tonight sometime but I think it will be too late for you to check it.

Do I need to reply to all aspects of their reply to my defence and my counterclaim.

[car2403]

Thanks Chris for that. I am struggling at present. I should have realised the timescale before. I am hoping to get this finished tonight sometime but I think it will be too late for you to check it.

Do I need to reply to all aspects of their reply to my defence and my counterclaim.

 

Well, probably not, as you can end up replying to a reply to a reply to a reply if you did that.

 

If you think there is extra value to be had by putting extra bits in, it probably is worth it.

[trevor33]

Thanks again Chris.

Just been to the PO to post my WS. Hope I got it right. I added in details of the problems with the DN. 11 days (less 2 for serving) not 14.

Wrong wording

Wrong amount

 

We will see.

[trevor33]

Had a phone call this morning from a nice lady from........Weightmans!!!!!. She asked if my WS was ready and was it OK if we exchanged tomorrow.

Hmmmm.

[Hopeful1]

Had a phone call this morning from a nice lady from........Weightmans!!!!!. She asked if my WS was ready and was it OK if we exchanged tomorrow.

Hmmmm.

 

You're fighting well Trevor, just watch your back.

[trevor33]

You're fighting well Trevor, just watch your back.

Hi Hopful1, thanks for the support, and everyones.

[trevor33]

HELP......My DN is dated 2004. When did the new regs come in. i.e. 7 or 14 days or wording of DN. I may have shot myself in the foot here.

[trevor33]

Had a reply from W/mans. They say that my argument about the 14 days is flawed due to the DN being 2004 therefore this Act does not apply and that 7 days does apply. Also the wording was not applicable in 2004.

Without these 2 things, I think that my defence is weak. I am relying on the wrong amount on the DN, even though they have explained this in their reply to my counterclaim. The Judges decisions, in many cases I have read, seem to come down on the side of the banks, even though many agreements are not legally correct. Now I am in a quandry as to what to do.

Any advice would be appreciated.

Trevor.

[car2403]

I think you should revisit the issues around the enforceability of the agreement - any Default Notice issues are secondary to those.

[trevor33]

Thanks again Chris. Am I right about the DN though, is it too old? Will I have to reply to w/mans about this?

I will go over what we have done and then have a re-think. I am concerned though, about the costs if I lose. They have offered a F&F which is without costs.

[trevor33]

Happy New Year to one and all.

 

I am happy to carry on with this case but I need a little guidance though.

When did the 14 day DN rule come in? My DN is 2004.

 

Should I request to see the original agreement before trial (I do not think they have it)

 

They have offered a F&F without costs (not a good deal). I need some ammo to suggest we agree to discontinue.

 

Any thoughts?

[car2403]

When did the 14 day DN rule come in? My DN is 2004.

 

These Regulations may be cited as the Consumer Credit (Enforcement, Default and Termination Notices)(Amendment) Regulations 2004 and shall come into force on the 31st December 2004

 

Should I request to see the original agreement before trial (I do not think they have it)

 

You should ask to see the original as part of your CPR Part 18 request for more information letter. Suggest that you view it at a local branch, as they won't send you the original.

 

I'd say they won't comply, so the next best step is to bring this up with the Court and ask them to order their compliance with your request.

 

They need to produce the original contract under CPR.

 

They have offered a F&F without costs (not a good deal). I need some ammo to suggest we agree to discontinue.

 

Any thoughts?

 

Only you can answer that one - if you can agree a decent, affordable monthly repayment in the form of a Consent Order, you'd avoid their charges plus extra interest if you were to go ahead and lose.

[trevor33]

Hi Chris and thanks again for the info.

I will send them a letter asking to view the agreement.

I still think that the DN is inaccurate even though I cannot use the 14 days.

[car2403]

These Regulations may be cited as the Consumer Credit (Enforcement, Default and Termination Notices)(Amendment) Regulations 2004 and shall come into force on the 31st December 2004

 

Right, tail between the legs time, as the effective date of these regs was, in fact, May 2005.

 

[Edited]

Edited January 6, 2009 by car2403

[trevor33]

Chris, I do not know how you keep up with everything.

I think I will send a letter asking to see the agreement and to ask if we can mutually discontinue.