hfc/restons V sleepingdog

[sleepingdog]

Thanks for all your replys everyone ,will try to give you all the info shortly.

sleepingdog

[sleepingdog]

Hi supasnooper ,ref the default notices all served under section 87 of 1974 consumer credit act.

date on letter date received date to remedy

1) date of letter 14-8-07 date received unknown date to remedy 28-8-07 amounts on default incorrect and no time allowed for service.

2) date of letter 3-11-07 date received 15-11-07 date to remedy 17-11-07 amounts on default incorrect and no time allowed for service.

3) date of letter 3-1-08 date received 9-1-08 date to remedy 17-1-08 amounts on default wrong and no time allowed for service.

4) date of letter 2-4-08 date received 11-4-08 date to remedy 16-4-08 amounts on default wrong and no time for service.

5) date of letter 3-9-08 date received 13-9-08 date to remedy 17-9-08 amounts on default wrong and no time for service.

6) date on letter 18-11-08 date received unknown date to remedy 2-12-08 amounts on default wrong and no time for service. this default was not remedied and was therefore terminated on 2-12-08.

7) date on letter 28-2-09 date received unknown date to remedy 20-3-09. remedy date OK amount to remedy is mostly if not all charges and interest on charges,not only that but account has already been terminated?.

sleepingdog

Edited July 20, 2009 by sleepingdog
posted before finished

[sleepingdog]

Hi I've got no money ,DN is nearly all if not all default and late payment charges plus interest on charges.

claim dated 19-6-09 , 5 days service +14days +14 days means defence needs to be submitted on or before 4 pm 22-7-09.

CPR 31.14 sent and since adhered to ( agreement sent).

[sleepingdog]

Hi all as already stated ,claim for default balance made up almost completly of charges + interest on charges. Most charges wrongly applied so even if lawfull should not have applied them, all default notices (charged at £50 each ) leave no time for service apart from the last one which was issued after HFC state account terminated. The amount that HFC claim I owe changes from one letter to the next and varies by as much as £200 within 2 days. Restons have also added 16% collection charge on claim.

sleepingdog

[cashins]

all default notices (charged at £50 each ) leave no time for service apart from the last one which was issued after HFC state account terminated.

 

Then they are stuffed.

 

David

[sleepingdog]

Defence filed ,I've just got to wait for their next response h,hopefully court appearance where I can rip them apart.

sleepingdog

[sleepingdog]

Hi all , got response from Restons asking for copies of all paperwork mentioned in defence and to be relied upon in court. Well the online defience form stated quite clearly not to send in paperwork at this stage , if claimants go ahead with case then AQ will be sent out and I am to send paperwork with that AQ. Question are 1) can I just tell Restons to wait for paperwork from court which will be requested at AQ stage depending on whether or not their client proceeds with case. 2) if HFC do go ahead with case can I tell Restons the reference numbers of the correspondence with HFC and ask them to ask their clients for copies as 90% of the paperwork that I will be relying on has been generated by HFC. 3) The only paperwork that I requested from Restons was the agreement as that was the only thing mentioned on the POC , should I now ask Restons for a copy of all the paperwork that they are going to rely upon in court. 4) HFC have still yet to send me my SAR responce ,should I write and tell Restons that I probably be relying on information within the SAR but as HFC have not yet sent it I can not be specific.

sleepingdog

[supasnooper]

Hi all , got response from Restons asking for copies of all paperwork mentioned in defence and to be relied upon in court. Well the online defience form stated quite clearly not to send in paperwork at this stage , if claimants go ahead with case then AQ will be sent out and I am to send paperwork with that AQ.

Question are

1) can I just tell Restons to wait for paperwork from court which will be requested at AQ stage depending on whether or not their client proceeds with case.

 

You are correct, you don't have to submit any documents to Restons at the moment

 

 

2) if HFC do go ahead with case can I tell Restons the reference numbers of the correspondence with HFC and ask them to ask their clients for copies as 90% of the paperwork that I will be relying on has been generated by HFC.

 

No, you can't do that. if you have referred to a document then you must send them the document unless they have a copy of the document.

 

3) The only paperwork that I requested from Restons was the agreement as that was the only thing mentioned on the POC , should I now ask Restons for a copy of all the paperwork that they are going to rely upon in court.

 

You can send them a 31.14 request asking them.

 

4) HFC have still yet to send me my SAR responce ,should I write and tell Restons that I probably be relying on information within the SAR but as HFC have not yet sent it I can not be specific.

 

I haven't re-read your thread but I'm at a loss to see how you are relying on documents you do not have in your possession; so you may have to request amending your defence in your AQ if other documentation comes to light.

If HFC have had 40 days for compliance then get a Letter Before Action off to them ASAP - they know the rules.

 

sleepingdog

 

Hope this helps

[sleepingdog]

Thanks supasnooper, that has helped me a lot. ref the docs not yet received ,in my defence stated invalid default notices and that the total figure includes £50 charges + interest applied .when some of the default notices were issued these charges were applied but until I get SAR reply I can't specify which ones and how many.the same applies to the late payment charges.

sleepingdog

[sleepingdog]

Hi again supasnooper ,regarding the SAR request the 40 days have not yet passed but soon will ,I was just wondering would it be a good idea to mention to restons hoping that they will advise HFC to send SAR request back within 40 day limit as court action has been started.

sleepingdog

[supasnooper]

Ok - understand about the DN charges.

 

Not worth bothering Restons about the SAR letter as they won't push HFC; they are only interested in pursuing you for a CCJ.

 

You'll have to push HFC when the 40 days have elapsed.

[sleepingdog]

what a surprise , have received all info asked for in SAR request, and within 40 day deadline. Shall be looking at info tonight and get full defence ready.

sleepingdog

[sleepingdog]

I have a few court actions that have been stayed due to companies going quite after I submitted my defences. I really need to know if it is best to leave as it is or go for strike outs.

 

HFC v sleepingdog , this claim was nearly all made up of large default charges (£50 each time) and the amounts claimed and default notices were all incorrect. I stopped paying this debt as HFC were not listening to any of my legitiment conplaints and I wished to go to court to allow a DJ to see how HFC walked over their customers and never listened.

Now would this debt fall off 6 years after last payment or could it haunt me

indefinitely as court action has been started and stayed.

Sleepingdog

[Ganymede]

The Limitation Act, and therefore the 6 year rule, does not apply post issue.

 

The Claimant can apply to lift the stay if they choose, it would then be for the DJ to allow it or not.

[sleepingdog]

Hi Ganymede, thanks for the reply. If I understand it correctly then this is why a lot of my creditors have issued court papers yet have not followed through with any actions. It would seem that they have nothing to lose but a lot to gain.

Just to confirm then:- a) creditor issues default notice then 6 years later if no payments or admissions made debt falls off record.

b) creditor issues default notice then later on issue court claim ,defence submitted, claiment sits back and does nothing yet debt remains on credit history forever.

So if I applied to the court to strike out claim and this was granted would that be a end to it all or would the 6 year rule start from the date of the strike out, or would the debt finish with the strike out.

I really need a answer to this to allow me to decide to either leave things as they are and carry on life damaged by past credit history or go for strike outs and try and inprove my credit history allowing me to put the past behind me.

sleepingdog

[sleepingdog]

Hi Ganymede , just researched limitations act and I can see that if creditor has got a judgement against you then you can not use such act.

But in my cases my creditors have only issued court papers and when I have submitted my defences they have chosen to go quite so the cases have been stayed by the courts. When I have spoken to court clerks they say that it is unlikely that a DJ would allow the creditors to restart the claims as the creditors have left it so long but who knows. More to the point the creditors DO NOT have any judgements against me so do you know if the act can still be used.

sleepingdog

[Ganymede]

Limitation is no longer a defence once a claim is issued. There is no need for judgment.

 

The default will be on your credit file for 6 years regardless.

 

If they get a CCJ that will also stay for 6 years from the date it is awarded.

[Belaflat]

Here is a question and it relates to a genuine situation, not a hypothetical one.

 

A debt which has fallen off CRA files because it is so old but Court papers have been issued and the case has been stayed for 5 years.

After 6 years of no action could the limitations act again be used as a defence or can the creditor in practice take action whenever they feel like it...subject to DJ consent (which seems to be given regularly now)

[Ganymede]

Here is a question and it relates to a genuine situation, not a hypothetical one.

 

A debt which has fallen off CRA files because it is so old but Court papers have been issued and the case has been stayed for 5 years.

After 6 years of no action could the limitations act again be used as a defence or can the creditor in practice take action whenever they feel like it...subject to DJ consent (which seems to be given regularly now)

 

 

 

If a claim is issued and isn't statue barred then once a claim issue SB cannot be used as a defence regardless.

[dx100uk]

where? is there an example of this happening?????

 

total speculation........

 

dx

[Ganymede]

where? is there an example of this happening?????

 

total speculation........

 

dx

 

 

 

Sorry what part is speculation?

 

If a claim is issued within 6 years from the last payment/acknowledgment etc then you can't raise SB as a defence.

[Belaflat]

So....7 years after a claim is issued but nothing has happened, it can still be resurrected.

 

What would be the DJ reaction to a request for strike out once the file has been stayed over 6 years.

 

Again hypothetical but might come in useful next year.

[Ganymede]

So....7 years after a claim is issued but nothing has happened, it can still be resurrected.

 

 

In theory yes.

[sleepingdog]

Hi Ganymede , I can find within limitations act that it can not be used once a judgement obtained but could you help me by showing where in act it includes issue of court papers as opposed to judgement, By issueing court papers does not mean that a debt exists also by putting in a defence does not always mean that you aknowledge the debt so it seems wrong that creditors are using issue of court papers within 6 years of last payment to extend length of time they may carry on actions especially when not following through with court process giving the defendant an opertunity to actually defend the case.

If you are correct in your advise then I guess that I will have to go for strike outs. Would I be right in thinking that if I got a strike out that the creditor could not again take me to court and would the 6 year rule start back from last payment or restart from court paper issue date or even strike out date.

Sorry for all the questions but as I origonally stated many of my creditors have issued court papers then have gone quite once defence submitted .

sleepingdog

[sleepingdog]

Hi dx100uk , I welcome any input you have regarding this issue as I would like to put the whole issue of my debt problems behind me and try to get my life back on track paying those creditors that have been fair and those that have got CCJs against me that will fall off my credit file 6 years after judgement obtained. Those that have started court action and not followed through with the court process have stalled due to weak cases or no case at all so why should they blight my future as well as my past.

If as been stated by other posters these debts can carry on due to the issue of court papers alone then I will try other avenues to rid me of these debts so that at some point my life can carry on.

sleepingdog