Hfc/restons Claim now CCJ - missed payments.

[supasnooper]

Which form is it -

 

N149

 

or N150 ?

 

The N152 form, I think gives the information on the Court etc.

[dirkfunk]

n149 form

 

what should i do, i've got less than a day

[dirkfunk]

could someone help me with my n149 due today......please please

 

ive written some details a few posts above.

[r&b]

hi dirkfunk,

have u seen this thread:

Directions for N150 or N149 Allocation questionnaire - The Consumer Forums

[dirkfunk]

so I use the first letter then, what about the fact they didnt send what i asked for. shall i put this in.

Edited August 18, 2009 by dirkfunk

[dirkfunk]

ok thanks for your help with the N149 AQ.

 

What will be the next step?

 

Anything i should look out for?

[supasnooper]

You've probably read some threads featuring these solicitors and probably know what happens next.

 

I'll stick my neck out and say that Restons will probably apply for Summary Judgment.....

[dirkfunk]

you are correct. They have applied for summary judgement.

 

Hearing set for the 10 december 2009.

 

in the court bundle they included a copy of my cca and some printed computer statements.

 

but no default notice,

 

they never sent me one when i did my cpr request either

 

whats my next move.

[supasnooper]

Have you sent off a Subject Access request to HFC yet ?

 

If not, get one off ASAP. Include in the SAR letter, a specific request for the Default Notice.

[dirkfunk]

what do i do once i get this back

 

what do i need for the hearing

[supasnooper]

Have a read of these threads featuring Restons.

 

It will give you a good idea how they operate.

 

http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/170484-fairbyblue-mbna-restons-court.html

 

http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/124572-hfc-no-agreement-amended.html

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/160395-restons-court-action.html

 

If you read the threads you'll be able to pick out bits and pieces you'll need to take on Restons.

 

As it is a Summary Judgment hearing, you will need to oppose their application by way of a Witness Statement.

[dirkfunk]

"As it is a Summary Judgment hearing, you will need to oppose their application by way of a Witness Statement"

 

 

how exactly do i do this and what does it entail.

 

i also still havent had the default notice i requested in my cpr from july

[supasnooper]

Write back to Restons giving them 7 days to send the Default notice or you will go to court to enforce their compliance.

 

If you read the links in #61, you'll find examples of Witness Statements

[dirkfunk]

hello went down with the flu, set me back a couple of weeks.

 

the summary judgement hearing date 10th December is creeping closer and i've kind of lost a sense of where i am with this process.

 

Scared stiff of going to court, not good talking in front of people. and really not sure if i have got my side straight yet. the agreement they sent me looks legit. have not got the default notice from restons yet.

 

do i have to submit anything before i go. time is running out

[supasnooper]

You need to oppose the Summary Judgment by compiling a Witness Statement that opposes the points made one by one.

 

Your Witness Statement must be filed with the court and served to Restons at least 7 days before the SJ hearing.

 

Have a go at composing one then post up for opinions........it will help you understand you case better.

[dirkfunk]

opposing what points, it simply says this:

 

"the claimant will confirm that the claim was issued via the claims production centre which is an approved method of shorth form proceedings. The defendant was provided with copies of the credit agreement, with terms and conditions and a payment history and these documents are attached to this application.

 

1.credit agreement

2.terms and conditions

3. payment history

4.copy letter dated 21st July (received in response to my cpr, containging the above documents but no default notice as requested)

 

in the circumstances i don not believe that the defendant has any realistic prospect of successfully defending the claim and the applicant knows of no other reason why the disposal of the claim should await trial."

 

could i come back with the fact that the default notice requested has still not been forthcoming

[dirkfunk]

nothing has changed, my hearing is in 9 days and i still dont know what i have to do or can do. can i have the hearing postponed to a later date.

 

In desperate need of some advice

[dirkfunk]

still dont know what to do about this. Can anyone give me an insight into what to do at this Summary Judgement Hearing

 

desparately worried, and losing hair by the fistful

[dirkfunk]

if i lose which i think i will...

 

what will be the outcome of the hearing.

 

Will i be able to make payment arrengements with them.

Edited December 3, 2009 by supasnooper
edited for question to read correctly

[supasnooper]

Have a look here -

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-2594270.html

 

and

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-1903956.html

 

As I've said earllier, you need to set out a WS that opposes their application for SJ.

 

Have a crack at getting one together and post it up for inspection.

[supasnooper]

if i lose which i think i will...

 

what will be the outcome of the hearing.

 

Will i be able to make payment arrengements with them.

 

 

If Restons get a SJ then it will be up to the judge to decide whether he will order the amount to be paid forthwith or at a monthly rate.

 

If the judge makes a forthwith judgment then you may apply to get the CCJ redetermined.

 

I really would advise that you read some of the links posted on the thread to see how you can oppose the SJ as it is getting rather close.

 

If you do not oppose the Summary Judgment then you will definitely get a CCJ awarded against you.

[citizenB]

You really should have that WS into court by today. The SJ papework advise that you need to respond 7 days before the hearing.

 

I would stress that you need to get something together and post it here for others to look at. Then get it to the court tomorrow and go down on your knees and beg that they accept it a day late.

 

We have not seen a copy of your agreement, you say you havent received a Default Notice or Termination Notice. These are all things that will help you get this SJ set aside.

 

Please, please, help us to help you.

[dirkfunk]

how about This. I know its rough:

 

 

 

 

 

 

On behalf of: Defendant

 

Witness: [initials and surname]

 

Number: [1st]

Exhibits: Dirkfunk 1

 

Date:

 

 

 

IN THE XXXXXXXXXXXXXXX

 

Claim No:

 

 

 

 

BETWEEN

 

[________]

 

 

Claimant

 

and

 

[________]

 

 

Defendant

 

 

 

 

 

 

Witness Statement

 

 

 

I, Dirkfunk of street road will state as follows:

 

1. I make this witness statement in support of my application to have the case submitted by HFC/RESTONS, struck out for failing to fully comply with CPR 31.14 request

 

2. The matters referred to in this witness statement are within my own knowledge, except where I have indicated otherwise. Where any matters contained in this witness statement are not within my own knowledge, I have stated the source of my information.

 

3. There is now produced and shown to me a bundle of documents marked "Dirkfunk". The exhibit “dirkfunk 1”contains copies of the documents to which I will refer in this witness statement. Their related document number can be found at the bottom right hand of each page.

 

4. On the 15/06/2009 I wrote to Restons requesting a true copy of the notice of Default and notice of termination which relates to the agreement. Despite a recent requested by telephone, this has still been forthcoming.

 

The defendant would like to draw to the courts attention to the following matter

 

The claimant failed to supply the defendant With Documents requested via a CPR 31.14 request (Exhibit 1) Despite repeated requests

 

The applicant is fully aware that I am a litigant in person and therefore I have been placed at a disadvantage by their failings as I have been unable to compile a fully particularised defence and are deliberately merely trying to frustrate the defendant and hold up preceedings.

 

 

 

__________________

 

regards

 

dirkfunk

Edited December 3, 2009 by citizenB
Font formatting removed

[dirkfunk]

summary judgement lost

 

full amount plus costs awarded = £2,500 payment within 14 days.

 

Theres no way i can pay this. plus i am away for christmas soon.

 

do i have any options

[supasnooper]

Sorry to read this.

 

You'll need to request a redetermination hearing .

 

Get the letter below off to the court ASAP (amending to suit) -

 

 

Your name

Your address

Your Postcode

Date 2009

 

 

The Court Manager

 

CLAIM NUMBER: ******

 

To the Court Manager:

 

REDETERMINATION UNDER RULE 14.13CPR

 

I apply for this matter to be reconsidered (redetermination under Rule 14.13 of the Civil Procedures Rules).

Under rule 14.13 there is no court fee to make this application.

 

I am unable to pay the full Judgment forthwith/instalment as ordered on (insert date) and submit that this has been set an unrealistic amount. (to pay in one instalment).

 

I request the Court reconsiders the Judgment. To assist I enclose an up to date financial statement and list of other unsecured debts.

 

As you can see my budget shows I have £..... surplus / £.... deficit after essential living costs and also have (insert number of creditors in total). Given my circumstances and considering my finances as a whole I am able to offer £.... monthly instalments and request the Court set the Judgment at this amount.

 

Under rule 14.13 of the CPR it is clear that because the Judgment was granted without a hearing I am entitled to have this redetermination and if necessary transferred to my local County Court. My application is also compliant with the time limit as it falls within the 14 days from the original order.

 

 

I look forward to hearing from you.

 

Yours faithfully,

 

 

 

Your Name