HFC/Reston - I Broke Tomlin - now Judgement for Claimant (in default)

[Pipster2797]

Just to give an update, I had sent the letter off and stopped the standing order. Last week I got a revised offer saying they would waive 50% but the date on the letter was after I had sent my letter off saying I accepted their offer of paying 0% back.

 

Haven't heard anything else yet nor anything about not paying May's payment. So fingers crossed

[Pipster2797]

Well had a letter this morning saying that I need to contact them as I have broken the special aggrangment for payment we had (yes because I stopped the SO). I'm now going to reply to say that I refer them back to their letter and my reply to their letter that was accepting the offer of 0% to pay back and the account is now close.

 

Does anyone know when they write Without Prejudce if it can be used in court or does that stop it from being used?

[Pipster2797]

Hi

 

I had posted this in the Debt Collection Industry but not getting much help so thought I'd post in here to see if anyone can help.

 

 

I have 3 accounts with HFC:

1. Marbles Card (CCA sent and its unenforceable as just an application form.)
   
2. A small hire purchase loan which they have admitted to no CCA
   
3. A larger hire purchase loan which they do have a CCA for and have been paying a reduced amount on since I was made redundant.
   

On the 14th May I got a letter from them offering me the chance to settle account 3 and will accept 0% of the balance as full and final settlement of account. It must have been sent out in error as this is the only account they have a CCA for out of my 3?? :confused:

 

http://i67.photobucket.com/albums/h294/Pipster2797/HFC2.jpg

 

I wrote to them saying yes I will accept their offer as 0% of the balance as full and final settlement and that as no further payments were due I would cancel the current standing order. I sent it off by recorded delivery so have proof they have it. I heard no more from them so thought brillant my worries were over with them.

 

However at the weekend I got a letter saying that I have broke the special payment arrangement with them and need to contact them to arrange a payment.

 

How would this stand up in court, if they decide to go all the way? Also when they put Without Prejudice, does it mean I can't use it in court?

[Pipster2797]

Can't believe a woman has just knocked on the door from HFC wanting to discuss Account 3. I chased her away and told her that I don't discuss anything at my door and will only do so in writing if she doesn't move then the police will be called or I will remove her from the the property. Of which she quickly handed me a letter and left. Sat in her car for 5 minutes and then drove past my house with another woman in the car pointing at my house!!! I'm livid they have the nerve to come to my house!! My wife is nearly 8 months pregnant and I don't want her put through the stress of this.

 

The letter just says that they tried to call at my house today but I was unavailble.

 

What can I do about this?

[Pipster2797]

I have sent them this letter now. Does anyone think they will try and call again once they get this?

 

Dear Sir/Madam

 

Account Number: All 3 account numbers

 

Please be advised that I will only communicate with you in writing. I have noted your repeated attempts to contact me over the past few weeks/months and these have been duly logged by time and date.

 

Further to your “doorstep call” today, please be advised that under Office Fair Trading rules, you can only visit me at my home if you make an appointment and I have no wish to make such an appointment with you. There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v Sheppard & Short Ltd [1959] 2 QB 384. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and, if you do so, you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

 

Yours faithfully

Pipster

Edited July 7, 2009 by Pipster2797
letter was wrong as copied from word

[Pipster2797]

anyone else experienced HFC coming to their home?

[Pipster2797]

Hi Everyone.

 

Today I have recieved a POC form from Northampton County Court regarding a marbles credit card. Restons ascting for HFC have submitted it.

 

Here is the POC

 

http://i67.photobucket.com/albums/h294/Pipster2797/POCwithblackedout.jpg

 

It was sent 23rd Sept but I have only had a chance to sit down today and look at post etc as been very busy with the birth of my son and a very complicated labour for my partner!!

 

I have just been online and acknowledged service and contested the courts jurisdiction.

 

I haven't filed a defence yet as been reading up quite a bit over the last year and know to do this about a week before the 33 days is up. I make the 33 days from the 23rd September 09 to be 26th October 09. So I'm thinking of filing my defence around the 16-17th October.

 

Would this be right?

 

Rather than have everything rammed into one post I will add a couple of replies to this with a copy of the CCA, a history of what has happened and what I believe to be an invalid DN. I would like some advice that I'm doing everything right and if anyone can help that it would be much appreciated.

[Pipster2797]

In 2008 I was made redundant and fell behind with payments on some loans and credit cards that were easily affordable before I lost my job.

 

HFC weren't very helpful when it came to reducing my payments and I ended up finding this site and requested the CCA for this account.

 

This is what I got

 

http://i67.photobucket.com/albums/h294/Pipster2797/CCA.jpg

 

I sent off the letter in dispute and it was dragged out by HFC and then in July this year I got the DN

 

http://i67.photobucket.com/albums/h294/Pipster2797/HFCDNF.jpg

 

http://i67.photobucket.com/albums/h294/Pipster2797/HFCDNB.jpg

 

I think it hasn't given the required time to let me remedy the breach. Would someone be able to have a look over it and see if it is invalid?

[42man]

First things first Pipster....have you requested documents under CPR31.14 ?

[Pipster2797]

I thn had the letter of intended court actions and instead of sending my usual replies this time I sent off a CPR request

 

 

ACCOUNT IN DISPUTE

 

Dear Sir or Madam,

Account number: XXXXXXXXXX

I am in receipt of your letter dated 7th August

I am writing to inform you that as of 4th November 2008 this HFC account is formally disputed. I do not accept liability, and am awaiting a response from HFC regarding this.

 

There are a number of issues with the running of this account and the Credit Agreement, and until those issues have been dealt with, this account will remain in dispute.

In passing this debt on to an outside Debt Collection Agency they have acted outside of the regulations laid out in both the Consumer Credit Act and the Data Protection Act.

Needless to say I withdraw my permission to enter my premises, and I have no intention of making any arrangements to discuss this account with you, or make any payments to you.

I have evidence that HFC have received my account in dispute letter in November 2008.

Further to you stressing that County Court proceedings will be actioned by yourselves should I fail to make contact/stressing that proceedings are about to be commenced in regard to alleged sums outstanding and alleged owed by me on the above account, I remind you of Civil procedure rules protocols.

I put forward that you now have a requirement to provide me with;

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. Please note that a "true copy" as defined by the Consumer Credit Act will not be acceptable in this case, and a copy of the actual executed agreement, including signature, is required.

 

The documents that you have previously sent to me on 31st October 2008 do not fulfill the requirements of the consumer credit act.

2) All records you hold on me relevant to this case, including but not limited to

1. A transcript of all transactions, including charges, fees, interest, payments and both the amounts of credit and any repayments made to the account.

2. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations

3. Where there has been any event in the account history over this period that has required manual intervention by any person, disclosure of any indication or notes that have either caused or resulted in that manual intervention or other evidence of that manual intervention in relation to the account held by me with HFC Is required.

 

4. True copies of any notice of assignment and/or default notice or enforcement notice that you sent to me, with a copy of any proof of postage that you hold.

5. 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).

6. 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.

 

7. 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.

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

 

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

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

I make this request to ensure that each party has equal footings which can allow action to proceed speedily fairly and without undue costs or waste of courts time, as defined within Pre-action Practice Directions -Protocols 4.6 of the Civil Procedures Rules.

 

I will give you 14 days to respond with the above, failure to comply will result in a complaint being made to the Court. In addition to the FOS for any breaches of OFT and CCA codes. This includes breaches as a result of initiating a Country Court claim where failing to provide or produce documents make litigation improper..

Specifically this relates to one or any number of the following;

* demand any payment on the account, nor am I obliged to offer any payment to you.

* add any further interest or charges to the account.

* pass/sell the account or outstanding balance to any third party

* register any information in respect of the account with any of the credit reference agencies.

* issue a default notice related to the account.

Furthermore, I reserve my right to make a copy of this letter available for inspection to the Court and Financial/Consumer regulators should you fail to comply with this request.

 

I await your response, and should you need further clarification on any of the above points, then I suggest that you direct them to your legal department.

Yours faithfully,

Edited March 7, 2010 by citizenB
removed font formatting commands

[Pipster2797]

Then finally I got back a response of

 

http://i67.photobucket.com/albums/h294/Pipster2797/ResponsetoCPR.jpg

 

attached to it was the CCA as above and what they call a recreated copy of the default notice sent by their client (It looks identical to be honest to the one they sent as above)

 

I'm just putting my defence together and will post it up when it's been done to see if anyone can help further and to make sure I'm doing everything correctly

[Pipster2797]

First things first Pipster....have you requested documents under CPR31.14 ?

 

Yeah thanks 42man. Sorry for putting it in different posts, I just didn't want it all rammed into one post and seem like a huge post that would be hard to read

[42man]

Termination notice ?

[Pipster2797]

never recieved one and nothing back on the CPR.

 

I was thinking that I should now write back to restons asking for the rest of the info I requested on the CPR so I can file my defence.

[42man]

The DN looks ok to me....they have allowed 17 days to remedy...

[42man]

Any PPI at all ?

[Pipster2797]

no PPI at all.

 

The 17th July was a Friday and I thought the Sat and Sunday didn't count for the DN? Therefor I thought it would be invalid

[Pipster2797]

Just about to send off the CPR request again for the credit agreement as all they had sent above was the priorty application form. I will send it tomorrow by recorded delivery and then allow 7 days then 2 days for delivery so I should hea back by Wednesday 14th October.

 

What should I do if they ignore me again about the termination notice or the CCA request

 

Dear Sir,

 

Re: HFC Bank Ltd v XXCase No: 9XXXXXX

CPR 31.14 Request

 

On 25th September 2009 I received the Claim Form in this case issued by you out of the Northampton County Court.

 

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim.

 

Prior to the issue of proceedings I had delivered a request for the production of the agreement mentioned in the Claim Form and on which you rely. That request was ignored. All I received was an Appication Form for a Credit Card.

 

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of each of the following document(s) mentioned in your Particulars of Claim:

 

1 the agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.

 

2 the termination notice

 

Although your claim is for a sum which is not more than £5,000.00 and will in all likelihood be allocated to the small claims track for determination upon my delivering a defence, at this moment in time I have not delivered my defence and the case has not been allocated to a track. In consequence the provisions of CPR 27(2) are of no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise

 

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case

 

Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

 

In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

 

If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

 

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

 

Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

 

I do hope this will not be necessary and look forward to hearing from you.

 

Yours Faithfully

[42man]

I'm wondering if CPR18 might be better as there is limited information mentioned in their particulars apart from a contract and an implied default date... - This is CPR18 - http://www.consumeractiongroup.co.uk/forum/legal-issues/148845-bryan-carter-received-summons.html#post1573418

[Pipster2797]

can i change the time from 14 days to 7? Is that acceptable to have the information within 7 days?

[Pipster2797]

i changed the CPR to 18 and its ready to be sent first thing tomorrow morning so it will hit them on Saturday

[Pipster2797]

can anyone confirm what is the best time to put my defence in?

[supasnooper]

You've worked out when your defence is due (26th October), so aim to get it submitted by a couple of days early...better to be safe than sorry.

[robcag]

Hi Pipster

 

In my opinion the DN is invalid (sorry 42man !).

 

It is dated 17th July 2009 which was a Friday, therefore even if it was posted 1st class Royal Mail it would not be deemed served until 21st July.

 

Add 14 days to that date gives you 4th August, but they have stated you must comply by 3rd August, which is at least a day short of the required 14 days.

 

Cheers

Rob

[Pipster2797]

Hi Pipster

 

In my opinion the DN is invalid (sorry 42man !).

 

It is dated 17th July 2009 which was a Friday, therefore even if it was posted 1st class Royal Mail it would not be deemed served until 21st July.

 

Add 14 days to that date gives you 4th August, but they have stated you must comply by 3rd August, which is at least a day short of the required 14 days.

 

Cheers

Rob

 

Thank You! I can remember reading on another thread about a DN being sent on the Friday, that they had to allow an extra day or 2.

 

I'm going to get my defence sorted out this weekend and will post it up but not too soon incase anyone is watching this thread