HFC/Restons Claimform - Marbles now Beneficial Credit card - panicked and paid restons one figure - they want more !! _d judge ordered a STAY, now SJ

[miss muppet]

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/574-letter-when-account-has-been-passed-on-whilst-agreement-request-is-in-dispute

 

Ok here's the letter to send to the muppets (oh no that's me!)lol, right have a look around for the default notice, how was the assignment sent - recorded delivery, I'll bet not, the default notice has to be worded in exact terms and has to give you a specific time to remedy, think its 14 + 2 days (allowing for postage) and be in the original creditor's name.

[eastender100]

Hi, i have found the default notice, it was from Oct 2009, but there is no time limit, and it wasn't sent by recorded, none of my mail has been.

[miss muppet]

Looking Good:)

[eastender100]

sorry, my mistake it was sent on 12th oct and it says ii must pay the arrears by 2nd Nov

[eastender100]

but it wasn't sent recorded ( i'm 100% sure of that) head is a bit fuzzy at moment, sorry.

[miss muppet]

Default doesn't have to be sent recorded, its 14 days plus 2 for postage so looks like its ok on that point but they have only asked for the arrears? so if they have terminated, did you get a letter stating that? even if they could come up with an ok agreement, the arrears would be all they were entitled to and looks like it has been unlawfully rescinded.

[miss muppet]

Some more homework that may be useful:-

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/200901-anatomy-default-notice.html

[eastender100]

Hi all,

i'm involved in a case with HFC Bank and the Judge has ordered a stay until 23rd Juneto enable parties to attempt settlement, is this good or bad?

 

I asked for the case to be struck out because no credit agreement has been sent, so i'm not sure what this mean's, if anyone could give me some advice or help it would be great.

[cerberusalert]

Moved to Legal Forum

[wycombe]

Eastender

 

Found this thread. In my case the stay was due to Reston's making no response to my defence in the allotted time.

 

I'm not sure what happens when a judge stays a case. But it looks like the judge is giving time for you to try and come to some arrangement with your creditor. I don't know if your ever registered with the CCCS or Community Legal Advice - if you did then they should have drawn up an income and expenditure list and used any spare funds to make an allocation to your creditors based on the size of the debts. If you are, like me, claiming benefits then the Community Legal Advice people may be able to help - I found them a lot better than CCCS. If you want details send me a PM as I do not have permission to post their details on a public forum.

 

It will certainly be to your advantage to be pro-active whilst your case is in limbo as it will show that you are serious in dealing with your problems.

[eastender100]

Hi Wycombe,

 

I offered restons a settlement in writing, they accepted by writing in email ( then a hour later decided that they gave me the wrong figure) so i don't think I owe them at all, especially now they won't provide me with a cca agreement.

 

I am serious about paying my debts, I payed Restons £4500 which I had to borrow, which they accepted in writing and now they want the full balance.

 

I asked the court to get the case Struck Out but they have ordered a stay until a later date.

I don't think the Stay apply to me and think it is more aimed at them because I already have filled out the allocation questioner., but restons havn't provided me with no cca agreement or information I have asked of them.

[wycombe]

It may still be a good idea to have a paper trail where you send formal letters to Restons by Recorded Delivery asking them why they have failed to accept your payment as full and final settlement after they sent you a written offer of settlement. I presume this was a 'Without Prejudice' offer?

 

Also press the point they have not supplied you with anything you have asked for - presumably under CPR requests?

 

The judge is going to look and see who has been making any movement towards trying to settle whilst the case is in limbo. If he can see you are trying and have been trying to come to an arrangement and Reston's are up to their usual procrastinating ways it is going to look more favourable to you.

 

What muddies the water in all this is that you have paid them a lump sum already - does this payment show admission of the debt?

[eastender100]

Hi Wycombe, I have got all the paper trail to Restons, all recoreded plus printed of emails, no it wasn't a without predudice email, but I had to partly admit the debt because I had already paid the money before they took me to court, I then asked them for the credit agreement ( thats when I found this site, plus got advice from a solicitor) but they are still supposed to comply with the request.

 

On the court documents it said " on or around ..." that's why I replied on your thread because if they have these documents then why don't they put the exact date?

[postggj]

be it you paid it or not

 

if they have no agreement, thats the original or true copy,

they are stuffed

 

i take it thats in your defence the no agreement

[wycombe]

IMHO - if it was not a 'Without Prejudice' offer then it is fully admisable. Looks like this will be a major point in your favour.

 

It may be a good idea to get the opinion/help of a site team member as to how you can force Reston's into either producing a properly executed agreement or admitting they cannot produce one. If you need to do that click on the little red triangle and get one to look at your thread.

 

"On the court documents it said " on or around ..." that's why I replied on your thread because if they have these documents then why don't they put the exact date?"

They don't have the proper documents. If the bumph that came back from my SARs request is anything to go by they rely on the application form as their main document.

 

Reston's seem to think that we will all roll over and accept that they are God's gift to the legal profession and thus infallible.

 

If you look at the POC's produced they are all the same formula with just the figures changed for each defendant.

 

It would be interesting to know the number of cases they win by default - it must be fairly high as I am sure many just do not understand what they are getting when the Northampton summons drops on the mat so just ignore it.

 

If the average person reads the 'Sun' or 'Star' then they will not have the reading ability to understand what they have received. Solicitors like Reston's know the balance of probabilities is in their favour!!

Edited May 29, 2010 by wycombe
typo

[eastender100]

On the email for Restons sent me it said " we have soken to our clients and they ghave accepted your offer of ..."

 

Regards ...

[postggj]

did you sign any acceptance and return it besides the email

 

do you still have the email

[eastender100]

My defence is that I paid the money they accepted, then after a hour this "person" decided it wasn't enough so as I already had the email confirming it I paid it, they then said they were going to take me to court for the rest and they did. I then got on the internet and found this site, and sent a cca request to them with no reply as you know. I did tell restons I would fight them all the way, and with a solicitors help plus this forums I will continue to do so until dooms day ( court) arrives.

[postggj]

i would send the court a witness statement to the effect that no agreement has been produced

 

i would go so far as request a strike out

 

wait for more replies though

[eastender100]

no i didn't sign the acceptance, and yes I have keep all emails and printed copys and have all letters recorded with signitures of receipt:)

 

I have gone for a Strike out and they sent me a stay until ... to give both parties time to come to a settlement,

[postggj]

in my opinion

 

your on a winner

[eastender100]

The court said after a certain date the Claimant ( Restons) should try to come to some settlement

or

Both parties write a letter in to say why they can/cant come to a agreement

or

We both have to file a allocation questioner and hand it to the court.( I have already done that)

 

So I am expecting restons to either come up with some agreement, or try and use some other tactic.

 

I will keep everyone on here informed of my progress, win or lose, i must admit I have had some sleepless nights over this, but now I have come to the conclusion I have nothing to lose and it's about time banks took some reponsibilty for there irresponsible lending!

[postggj]

stick at it

[eastender100]

Did you mean click the red triangle on bottom of name, because that says report post?

[**Tilly**]

Did you mean click the red triangle on bottom of name, because that says report post?

 

Hiya

Yes if you hit the red triangle a message box comes up, type your message in and hit send one of the site team will pick it up:)