taken to court by HFC/restons... **case dismissed** now marking CRA file again

[whatamess]

Hi, this morning I have recieved a allocation Questionaire, I dont really understand the questions on it can you help me with filling this out?

 

A Settlement - Do i need to do anything with this part as in not seeking a settlement? 3 options if i dont tick one I have to state the reasons why i consider it inappropriate to try and settle the claim at this stage?

 

B Location of trial - Do i leave this blank because the court they have referred me to is fine with me?

 

C Case Management info - Have i made any application in this claim?

do i wish to use expert evidence at the trail or final hearing? Do i consider the case suitable for a single joint expert in any field?

 

Which track do you consider the most suitable - small claims? fast track? multi-track?

 

E Trail or final hearing - how long do you estimate the trail or final hearing will take?

 

F Proposed directions - have you attached a lis of the directions you think appropriate for the ma

managenment of the claim?

 

I other information - have you attached docs to this questionaire (not sure what docs)

 

Once i have filled this out and sent it will i get date for court? And what happens when i go to court?

 

Thanks

[citizenB]

Hi, this morning I have recieved a allocation Questionaire, I dont really understand the questions on it can you help me with filling this out?

 

A Settlement - Do i need to do anything with this part as in not seeking a settlement? 3 options if i dont tick one I have to state the reasons why i consider it inappropriate to try and settle the claim at this stage?

 

This is purely up to you. If you believe you have a strong case then defend. If not, or you wish to resolve the matter without going to court, then you can agree to mediation or negotiation.

 

B Location of trial - Do i leave this blank because the court they have referred me to is fine with me?

 

If it is at your local court, then leave this one be you certainly dont want it moving anywhere.

 

C Case Management info - Have i made any application in this claim?

do i wish to use expert evidence at the trail or final hearing? Do i consider the case suitable for a single joint expert in any field?

 

This is asking if you have made any application ie an application for documents / a stay/ strikeout etc. I would guess you havent so the answer is NO. I doubt you will be using an expert witness.

 

Which track do you consider the most suitable - small claims? fast track? multi-track?

 

Small claims is usually under £5,000. Fast Track over £5,000, Multi Track, I think is for complicated claims and or involving very large sums of money. Directions in a Small claims are usually standard directions .

 

E Trail or final hearing - how long do you estimate the trail or final hearing will take?

 

1 - 3 hours depending on the complexity of the case.

F Proposed directions - have you attached a lis of the directions you think appropriate for the ma

managenment of the claim?

 

If you are waiting on documents then you might wish to ask the court to order the claimant to provide them. You would do this by inserting a draft order/directions in this section

 

I other information - have you attached docs to this questionaire (not sure what docs)

 

If you are the defendant, then it is unlikely you will be attaching documents.

Once i have filled this out and sent it will i get date for court? And what happens when i go to court?

 

Thanks

 

In answer to your last question. Yes, once both sides have submitted their AQs, then you will be given a court date. As to what happens when you get there.. depends on which track you are. Small claims are usually held in a smaller room or Judges chambers. The Judge will ask the other side to go first as it is their claim. Then you will get the opportunity to speak. There is a thread which gives more information. I will try and find it for you .

[whatamess]

Hi citizenB

 

Thank you so much for your response you have been very helpful, just got a couple of questions regarding requesting documents, does this mean requesting my CCA?

 

Also this morning i recieved an arrers letter from HFC, I have not heard from HFC for months as Restons are the ones who are taking me to court, is this HFC's last attempt to see if i pay the arrers?

 

I'm quite worried about going to court not because i have not got a good case because I think i have but having never been to court before im not sure what to expect.

 

Thanks

[whatamess]

Bump

[AndyOrch]

Also this morning i received an arrears letter from HFC, I have not heard from HFC for months as Restons are the ones who are taking me to court, is this HFC's last attempt to see if i pay the arrears?

 

Arrears letter or statement of account Whatamess,all creditors must keep their customers updated of the debt/Arrears in a change to the CCA1974/2006 as of Oct last year.

 

Andy

[whatamess]

Hi Andy I really need your help with something, today Restons have sent me a letter i need to type this out because i am unable to scan so bare with me:

 

Letter from Restons:

We write in respect to the above matter, We note you have recently filed a defence to the claim issued against you.

 

In response to paragraphs 1 to 3 of your defence we would point out the claim was issued via the county court bluk cnetre which is a prcedure specifically provided for in the CPR. this proceduer only allows a claimant to inser breif details of the claim and does not allow for the attachment of any enclosures. Paragraph 1.4 (3A) of practice direction 16 specifically states " The requirement in paragraph 7.3 of practice direction 16 (statements of case) for documents to be attached to the particulars of contract claims does not apply to claims issued by the centre....

 

Furthremore our client has advised us that you previously made a request to them under S77 Consumer Credit Act 1974 and a copy of your Credit Agreement was supplied to you in response to that request.

 

In Paragraphs 4 and 5 the defence you state that you made a request to this firm under CPR3.1.14 and "no response has been received from the claimant" Our records indicate that we receive a letter on 1 july 2010 which allegedly came from you, but which contained no signature. Our company policy is not to respond to unsigned correspondence as we cannot be certain who the genuine auther is. Therefore, on 1 July 2010 the letter we received was sent directly to you and you were asked to ensure that any future correspondence was signed by yourself.

 

Unfortunately we have not received any further communication from you bearing you signaure and in the circumstances we have not responed to any letters received. This is because ther eis no sensible explanation for you to ignore a perfectly valid and reasonable request.

 

You do not have an arguanble defence to the clain issued against you. Our instructions are therfore to make an application to strike out the defence. This action will incur futher substantial costs and interest will continue to accrue unil the date judgment is awarded which you will then be liable to pay. In order to avoid this we invite you to withdraw your defence to these proceedings. should you wish to do this please confirm in writing to this office withing the next 7 days.

 

Alternaively you may wish to negotiate a settlement in order ot avoid further court intervention. If this is of interest to you please contact the writer on the above number to discuss your settlement propsals.

 

ok i dont really understand the first paragraph of the letter.

Also they state that the client sent me my cca which i asked for 3 times and didnt send it to me and also asked Restons and still no CCA if they had it wouldnt it be attached to this letter to prove to me i had no argument? this has been going on for over a year.

They state that they sent me the letter back as i didnt sign it, i sent another letter back to them telling them that no signature was required i got the letter template on here and i know they recieved the letter but they failed ot respond.

What does the strike out mean?

Is this a last ditch attempt from this to avoid this going to court because they have nothing on me? I still have the questionaire to fill out and send off what shall i do , replay to Restons? or just fill out the Questionaire and go ahead and go to court?

Thanks

[AndyOrch]

Hi Whatamess

 

Nothing to alarm yourself usual tactic ,throwing the toys out the pram, and clearly rattled.They threaten to strike out your defence, to do this they will have to make application for Summary Judgment.

You will be informed if this is attempted and is a side issue to proceedings.You can oppose this if attempted.

Proceed with your AQ but keep that letter safe and refer to it in your AQ and add as an attachment.Copy your AQ (3 copies) one to Court signed 1 to them (by way of courtesy and request a copy of theirs) make sure you attach a copy of that letter to their copy of the AQ. Let the squirming begin

 

Regards

 

Andy

[whatamess]

Thanks so much andy I was at boiling point when i read that letter, i suppose that is thier intentions.

 

So i will send a copy of the aq to Restons and ask for theres but i take it i do not refere at all to the letter they have just sent me?

 

Thanks:oops:

[AndyOrch]

Yes because you will refer to it in your AQ and attach a copy for them.Then they will know you have exposed their methods of mind games.Thats the whole point of sending it to them.

 

Andy

[AndyOrch]

Dont sign their copy of the AQ

[whatamess]

Ok great thanks, and dont worry I will not sign

[whatamess]

Hi there, its been a couple of weeks since I filled out my aq, and have not heard a dickie bird back yet (for the court or from Restons), do you know how long it normally takes for them to send us a court date?

thanks

[whatamess]

Its been 3 weeks anyone know how long it normally takes to receive a court date?

Thanks

[Series3]

how long is a piece of string?

It can be fast or can drag on a while. If your worried about it you can call the court.

They will write and let you know.

[whatamess]

Hi there, I recieved my dates today, 26th Nov im off to court im shocked that they have decided to go this far, what i am also shocked about they have attached a credit agreement which i have never seen in my life obviously its not signed but why did they not send me this when i asked them to over a year ago? Have they just make this one up to look good in court?

 

I feel a little intimidated by all this and not sure what to expect when i go to court, do i still have a case? the fact they dont have my signature? Can someone advise me on what will be said in court and what i should or should say? Do i need to take all the letters sent back and forth to HFC and restons? should i of attached these to my A&Q.

Thanks

[whatamess]

Hi, I have had a look though all the docs sent from Restons to the court and the CCA they have attached is just one they made up, they state in the AQ that HFC do not have a original signed copy of my CCA but this is what it woudl have looked like and i would have signed it (which i know i didnt sign one i have never seen it before)

 

Would someone mind answering my last post regarding what to expect, is there anyway they could back out now that we have a date for court? Can i change the court date? Its only 2 weeks away.

 

Thanks

[whatamess]

Hi, could someone please help me with this, I have posted for the 3rd time in a hope that someone will give me the advice that i so desprately need, I am in court in under 2 weeks and have not clue what to expect, please can someone read my posts, please see below what the eveidence form Restons to present to the court:

 

Basically they are asking for the case to be sticked out as they are saying I am abusing the courts system

 

What they have put on their a&q:

 

Attached is a copy of the credit agreement btween the claiment and the defendant, the claiment is unable to locate the original, signed credit agreement. However in accordance with Regulation 3 of the Consumer Cridit (Cancellation Notices and copies of documants) Regulations 1983, a copy of the ececuted agreement has been provided which does not invlude information that the claiment is permistted to exclude, such as the signatures. The original credit agreement would have contained the completed personal detials of the defendant and the T&C's which included the Prescribed terms.

 

They also attached a defulat notice that the served to me but I have never seen this, they claime because they didn’t receive the default letter back they believe I received it.

 

They go on to say that because they wrote to me to tell me they will not accept letters from me without my signature they wouldn’t respond, and they have received several letters from me which they have not responded to as they can see no sensible explaintion for me to ignore a perfectly valid and reasonable request.

 

It is the cliaments submission that the defence filed is merely a speculative attempt to avoid liability and to delay matters when in reality there is no arguable defence. In the circumstances the claimant does not believe that the defendant has any realistic prospect of succesffully defending the claim and know sof no other reason why the disposal of the claim should await trial.

 

TAKE NOTICE THAT IF THE RESPONDENT TO THIS APPLICATION FOR SUMMERY JUDGEMENT WISHES TO RELY ON WRITTEN EVIDENCE AT THE HEARING IT MUST FILE A WITNESS STATEMENT AND SERVE COPIES ON THE CLAIMANTS SOLICITORS SEVEN DAYS BEFORE THE SUMMERY JUDGEMENT HEARING (what does this mean?)

I have always been lead to believe that without a signature on a CCA they dont have a leg to stand on, but they say in the a&q that they dont need that signature??????

 

Really appriciate anyones help with this

Thanks

[AndyOrch]

TAKE NOTICE THAT IF THE RESPONDENT TO THIS APPLICATION FOR SUMMERY JUDGMENT WISHES TO RELY ON WRITTEN EVIDENCE AT THE HEARING IT MUST FILE A WITNESS STATEMENT AND SERVE COPIES ON THE CLAIMANTS SOLICITORS SEVEN DAYS BEFORE THE SUMMERY JUDGMENT HEARING (what does this mean?)

 

 

You must submit your own Witness Statement in opposition to their application for SJ and argue why you do stand a realistic prospect of successfully defending the claim.This must be submitted to the Claimant not less than 7 working days before the hearing.

 

Regards

 

Andy

[whatamess]

Hi Andy

 

Thanks for your reply but i still dont really understand, Do i just type a letter of statment and attached letters etc and send it to Restons and court? Its not giving me much time is it can i ask for extra time or is this it?

 

I feel like im fighting a loosing battle here and going to make a right mess of it on the day, im sure this is what they are hoping to achive that i crumble.

 

By reading what Reston have said do i still have a case? This site has been so helpful over the past year with helping me with letters etc but now i am acually going to court i do not really feel like i have the support anymore

[AndyOrch]

Basically your Witness Statement is a thorough account of why you defended and that why you do stand a realistic prospect of defending (if you have) in your own words, your grievance and disagreements and using basic point of law.You can refer to documents (not case law) and mark them as exhibits.As said this must submitted to the claimant and court not less than 7 working days.

 

With regards to the Sols comments and there need to make application for SJ its a case of jumping on the bandwagon in light of the rulings in the Manchester Mercantile High Court,(usually known as Carey v HSBC; 23/12/09) this has moved the ‘goal posts’ somewhat in this respect. HHJ Waksman adjudged that a creditor could, in response to a s77/78 request, now provide a ‘reconstituted’ copy of the agreement.

However there is a difference in the supplying and giving and that of enforcing with one, as I'm sure you have read the threads here on Cag and how this is now becoming the norm in cases.

He said: “……a creditor can satisfy its duty under s78 by providing a reconstituted version of the executed agreement which may be from sources other than the actual signed agreement itself”; but also said; “The creditor will need to check carefully that the details of the debtor at the time are indeed correct and that those are the particular terms (including Prescribed Terms) that he agreed to. This is to ensure that it is an honest and accurate copy.”

 

In my opinion this poses the debtor a dilemma. If, in response to a s77/78 request, a creditor finds it cannot locate an agreement or finds it may be unenforceable, he can ‘reconstruct’ one from his records. If the debtor does not have his original copy how then can he be sure the ‘reconstituted’ document he has received has not been reconstituted to appear as an enforceable agreement?

 

There is then the potential for a game of ‘poker’ in that the creditor hopes the debtor has not got his original unenforceable agreement and has attempted to mislead him by providing an enforceable reconstituted one, or the debtor hopes the creditor has only ‘reconstituted’ an enforceable agreement because the real one is unenforceable.

Fortunately (for the debtor) there is also another piece of legislation in the form of the Data Protection Act 1998. Under this Act anyone can demand a copy of all documentation that relates to himself held by the company concerned ie DSAR.

 

A DSAR should provide the debtor with an actual copy of any credit agreement between him and the lender (not a reconstituted version), together with any other documents that relate to him personally – letters, statements etc. This is now the most powerful legislation in the ‘debt challenging debtors’ arsenal.Along with the correct use of the CPR and Court proceedings.

With regards to your last statement re support, there is a tendency here on Cag to gee you up when a summons is issued and persuade you to defend before all details have been assessed and if in fact a valid defence of substance can be plead.Once defence has been submitted interest and support does seem to deplete but not down to case of Cagers not being interested or non supportive but really a case of inexperience with litigation and court proceedings, unfortunately. Defending a summons is unique to every claim and the merits of that claim, nor a case of good luck on the day but a case of a lot of research and hard work on the part of the poster and their case, Cag is a self help forum with assistance from a few legally experienced posters, but in the main you are on your own once you enter that Magistrates Court.

With all the good will in the world only the individual concerned in that case can occlude the outcome.

I trust the above helps.

Regards

Andy

 

 

 

 

[whatamess]

Hi Andy

 

Totally appriciate your comments and understand what you are saying.

 

Im in a bit of a mess at the moment and do not hold out much hope of winning after reading that they do not need to produce the original document as this was my defence and this is why i have let this go as far as it has, if that is all i have to go on i have no chance of winning and wished i didnt go through with this.

 

Do you have any idea what sort of court fees i will need to pay if I loose?

 

Thanks

[AndyOrch]

Hi Andy

 

Totally appriciate your comments and understand what you are saying.

 

Im in a bit of a mess at the moment and do not hold out much hope of winning after reading that they do not need to produce the original document as this was my defence and this is why i have let this go as far as it has, if that is all i have to go on i have no chance of winning and wished i didnt go through with this.

 

Do you have any idea what sort of court fees i will need to pay if I loose?

 

Thanks

 

Have read here Whata it may instill some encouragement and get that WS prepared CC notice - 5 days to reply re CPR 3.4 by Antonio Shylock

 

 

Regards

 

Andy

[whatamess]

Thank you i will have a read.

 

I have until this thursday to send off my witness statement, infact 7 days before is Thursday so i have no chance of it getting there on time, i only recieved my date on Friday Evening, do you think if i speak to the court i can get the date changed?

[AndyOrch]

No you cant get the hearing date changed I would advocate crack on with your WS and email or fax it over, you wont be punished if its not quite 7 days

[whatamess]

Ok do i send this to Restons and court or just to restons?