HFC agreement turned up Help

[trevor33]

Poc as requested.......I hope.

[car2403]

The figures are wrong, aren't they?

 

Go online and acknowledge the claim - intention to defend in full. This gives you 28 days from the day of service (usually 5 days after issue, but you'll need to check the letter accompanying the claim form) to file your defence.

 

The defence will likely be a holding defence unless they comply with your S.A.R. and this CPR Part 18 request for more info;

 

trevor33 –v– HFC Bank Limited

Claim No: 8*******, in the Northampton County Court

Defendant’s Reference: ********

 

Dear Sir/Madam,

 

 

CPR PART 18 - REQUEST FOR INFORMATION

 

I, the Defendant in the above case, acknowledge receipt of your Court Claim form.

 

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.

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. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor.

b. 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 held with HFC Bank Limited.

c. 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.

d. 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).

e. 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.

f. 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.

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

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

i. Copies of statements for the entire duration of the credit agreement.

 

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

I will require this information within the next fourteen 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 complete claim.

 

I must make you aware that this information has also specifically been requested from your Client under a Data Protection Act Subject Access Request under s.7 Data Protection Act 1998, under which they have failed to provide this information. A copy of this request, along with proof of receipt, is attached for your information

 

Yours sincerely,

 

This needs to go to the address for service on the claim form - send it Special Delivery, (not Recorded deliver - this is very important) ASAP. Attach a copy of your S.A.R. also.

[trevor33]

I may be a bit slow, but, apart from acknowledging claim on-line, I do not need to send anything else to the court and the letter goes to Weightmans?

Thanx for this T33

[car2403]

No. Acknowledging the claim gives you more time to prepare your defence. if you don't, they can ask for Judgment against you because you haven't responded. Your Acknowledgement of Service goes to the Court, so don't worry about it.

 

We're sending this formal request to them to get them to disclose their case against you in documents they intend to rely on. If they do comply, we will prepare a defence to the claim based on what they send you. If they don't comply, we'll be preparing a holding defence to let the Court know we can't defend fully, request them to order the Claimant to disclose what they have to under Civil Procedure rules and to ask for more time to prepare a defence once they have done so.

 

This formal request needs to be traceable, as the Court will want to see the proof of delivery of the letter taking place, otherwise they can deny they received it.

 

It gets quite technical as to what/when we do things now, but the ball is in their court - if they want to enforce the agreement, they will have to disclose their case so you can defend. If they don't do that, we'll be asking the Court to strike the claim out - meaning they lose and can't come back on you in the future.

 

Don't panic, all is in hand, just keep the thread up to date with developments and we'll guide you along... (easy for me to say!)

 

[trevor33]

Thanx again car. I must admit this is a bit scary. My wife is very apprehensive about this and I have tried to calm her fears.

I note that the POC is to both of us but no other documents mention her, do I send letter to DCA from us both or just me.

(Excellent letter, by-the-way)

Best regards T33

[car2403]

Hmmm... I'd not noticed the 2nd Defendant. Was she party to the agreement? If not, this could get sticky - we'll have to defend the claim twice then. Once for you, once for her. She should have her own claim form, I believe?

[trevor33]

Car.....The agreement was signed by both me and the wife. We had a letter each from DCA advising of court proceedings. The POC had both names on....any thoughts? T33

[car2403]

Are there 2 claim forms? Or 2 response codes on the form?

[trevor33]

No

[car2403]

Ok, you'll need to ring the MCOL helpdesk on Monday to check that the AOS you've entered covers both defendants;

 

Customer Help Desk Money Claim Online

The Customer Help Desk can be contacted for support between 9:00am to 5:00pm, Monday to Friday on:

Tel : 0845-601 5935

Fax : 0845-601 5889

 

If it doesn't, ask them how you respond online for the 2nd defendant. If you can't, it's not a problem, you'll just need to complete the AOS form and post it to the Court;

 

http://www.hmcourts-service.gov.uk/courtfinder/forms/n9_0406.pdf

 

Send to;

 

Money Claim Online

Northampton County Court

21-27 St. Katharine's Street

Northampton

NN1 2LH

[trevor33]

The AOS form does NOT have wifes name on either, only the POC has it.

[car2403]

I'm not an expert on Court procedure, but I'd say each defendant has to respond to the claim - if not, they may be entitled to request judgment against the 2nd defendant.

 

Best to check with the Court, who can advise as to procedure rules - you also need to know how to acknowledge service to your wife.

[trevor33]

thanx car......will phone court on monday and post up answer

[trevor33]

I'm not an expert on Court procedure, but I'd say each defendant has to respond to the claim - if not, they may be entitled to request judgment against the 2nd defendant.

 

Best to check with the Court, who can advise as to procedure rules - you also need to know how to acknowledge service to your wife.

Just about to phone court when mail delivered. New set of papers for the wife from DCA.

Going on-line to acknowledge.

Do I now have to send CPR pt18 letter on behalf of the wife as well.

If so, can I send in same envelope? T33

[trevor33]

Tried to acknowledge on MCOL but would not accept log-in details, should the Claim No be the same for both?

[car2403]

Just about to phone court when mail delivered. New set of papers for the wife from DCA.

Going on-line to acknowledge.

Do I now have to send CPR pt18 letter on behalf of the wife as well.

If so, can I send in same envelope? T33

 

Yes and yes.

 

Tried to acknowledge on MCOL but would not accept log-in details, should the Claim No be the same for both?

 

Yes - same claim number, different password, I'd assume? If not, complete the form I linked earlier, with the details from the claim form, for your wife.

[trevor33]

Thought I would catch the post today so I sent off 2 CPR letters (In seperate envelopes) by RMSD and sent off Acknowledgement to Court for wife.

Phoned Court about unable to log in and could not give answer, tried MCOL but could not get through. Oh well all sent now. Will keep you informed as to progress.

Regards

Trevor.

[trevor33]

Got reply to my P18 request today. Got agreement + T&C on seperate sheet, copy of alleged default notice and a statement. Nothing about PPI etc. Have posted up their response to P18.

[car2403]

Ah, this is clever of them - (he says, tongue in cheek!) as they've obviously worked out we can challenge the validity of a Default Notice if it contains charges they can't prove are lawful! This is something we should all be aware of when defending future claims on this basis.

 

Shame they haven't debited all the charges off before issuing it, as they may have had a decent argument that it was valid should they have done that. This obviously works in your favour

 

Is the agreement/T&C's new information, or have you seen them already, and are comfortable arguing against enforcement because of the construction of the agreement?

[trevor33]

The agreement and T&c are not new to me and I am OK to challenge it.

Parts a) and b) they say I am not entitled to these, is this correct.

There is also a lot of admin charges on the statement which should only be added when they had to contact me.

Some time ago, I had a letter from the PPI company saying they are going to transfer £600 back to HFC as insurance is no longer valid. Nothing on statement showing this. (Cannot find letter)

Regards Trevor

[trevor33]

Hi car. I hope I am not jumping the gun. I just need to put my mind at rest (wifes as well) as I have not heard from you. Any thoughts on what I do next?

Best regards Trevor.

[car2403]

Hi Trevor,

 

Thanks for the reminder - busy with other threads and my own claims...

 

Ring the Court to ask where your Judgment is, as you should have received it now. It's unlikely they have requested Judgment against your wife and not to have included you.

[trevor33]

Does this mean that we will get a judgement even though we are going to submit a defence?

Regards Trevor

[car2403]

If they don't have Judgment against you, we need to submit a defence ASAP.

 

If they do, we need to submit a holding defence on both defendants until they've disclosed their case, pending your full defence.

[trevor33]

The letter from DCA (with reply to P18) said "We confirm that we agree to an extension of 28 days for you to file a defence".

I would assume from that, that they are waiting for my defence before asking for judgement.