00765 v HFC

[00765]

I received a CCJ before I had a chance to defend.

 

I spoke to a Restons Solicitor rep in early Nov 06, having received a letter from them, re my HFC credit card arrears. I stupidly told the rep that I would be approaching the CAB for advice to help with a financial breakdown. The Restons rep said OK, we'll give you a wk to get back to us, that he was going to send me a financial breakdown form to complete & return.

 

I never receive the form. Instead what i received were court papers, informing me that Restons were acting on behalf of HFC seeking a CCJ against me.

 

I did go to the CAB . They gave me some advice & a few days before I was going to submit my defense, my car was broken into & my handbag was taken with all my court papers, which I had left in the handbag.

 

So i now had no paperwork & the 28 days for a defence submission to court came & went. I tried to fax the court(ct) 2 days after the deadline asking for an extension of time to submit my defend but their line was constantly engaged. I finally managed to successfully fax my request on the 3rd day after the deadline. A wk later i received the CCJ notification

 

I am now intending to submit a request for the Order to be set aside .

 

Can anyone please advice me as to what i should say as a strong arguement for having the Order set aside & in what format i should complete the form, for the request to have the Order set adside.

 

Thanks in anticipation.

[lookinforinfo]

You are probably best to go back to Citizens Advice, since I would imagine they would have kept a copy of the defence they did for you. Don't worry

about having had the original ones stolen, CAB will understand. And it will

save you having to explain to us what you have already told the CAB.

[00765]

Thanks for your advice Lookinforinfo. The CAB did not actually help me in drafting a defence. They just made a few suggestions which i wrote on a note pad, which went with my handbag. So I am now at a loss as to how to draft my request, to have the CCJ Order set aside.

 

I might take up your suggestion to go back to CAB & see if maybe they could now advice me how to request for the set aside.

 

Thanks again

[gizmo111]

How long ago was this and did youattend hearing?

[00765]

I received the CCJ notification about 2 wks ago.

 

No i never attended a hearing because a judgement was entered (it seems) a few days after the 28 days lapsed, for me to submit a defence. Because all my docs were stolen so close to the 28th day, i had to spend time trying to gather copies of docs, which had been stolen

 

By the time i gathered some docs, (as I said) the 28th day had come & gone.

 

I now want to ask the court to set aside the Order, so that i can submit my defence. But I'm not sure how to present my request

[00765]

If possible i want to get the unfair CCJ off my record & have the opportunity to set up a repayment plan with benefical who never gave me that otion in the 1st instance, They basically ran to the court.

 

I would probably defend part of it but i do not have a breakdown of HFC's charges.

 

I do know, that the amount supposedly owed lept from some £8,000+, to £11,000+, from the beginning of November 2006, when I 1st spoke to Restons Solicitors & the end of November 2006, by which time they had run to the court.

 

Restons' actual claim breakdown is as follows;

 

Default balance @ 12/7/06 £8618.36

Collection Charge @ 12/7/07 £1436.68

Interest @ 17/10/06 £529.09

[00765]

Sorry, I pressed the Post Reply button by mistake.

 

As I was saying, the Reston Solicitors claim figures, are as in the above post. I do not know how they arrived at these figures & when I asked them for a breakdown before the judgement, they just sent me a 2 liner saying I quote;

 

"you would have received statements from HFC BANK LTD each month, which shows the balance owing including any interest & charges added".

 

At this juncture, i just want to know what i should submit as my arguement for asking for the Order to be set aside.

 

I really need to submit my N244 request this wk.

 

Any assistance is gratefully received

[lookinforinfo]

Have you sent an sar to HFC and Reston?

[00765]

Lookinforinfo, no I have not sent an S.A.R. Is that a particular for or something & is it not too late to be requesting for that now that the CCJ has been ordered?

 

Karnevil, your thoughts are very useful, thank you. If you don't mind i will look at your full defence in the other thread & maybe use some of it.

 

Can I ask, is a CCJ attached to the address the credit card company had on record, or can it be picked even if you have another residence address?

 

I will be drafting my set aside between tomorrow & thurs. I'll keep you guys posted.

 

Thanks again everyone, for all your sound questions & advice, please do stick around, i'm sure I'll need your assistance as i proceed along this tricky path.

[00765]

Hi all.

 

For those who have read my Abbey thread, you'll know that my XMAS is going to be less than thrilling, when i add this HFC mess to the list of my battles.

 

Anyway, just as i was getting ready to fax my request for a set aside on this matter, i received a notice of application for attachment of earnings order, giving me 8 days to either pay HFC £11,210.03 or provide details of my employment.

 

Any assistance with this would be gratefully received.

 

Can i still send my request for the CCJ Order to be set aside, or do i have to reply to this notification?

[chip76]

Echoing karnevil's point - Reston's collection charges of HFC debts are legally unenforceable and should always be challenged,

 

It seems to be their policy to add one sixth of the balance to the debt as a 'collection charge', but when pressed they refuse to justify this in writing.

 

Consequently, they are profiteering and cannot enforce it.

[00765]

Thanks Chip76, that's very useful.

 

Can i dispute HFC's request for attachment of earnings?

 

Off point but i think timely, i wish all at the Consumer Action Group a very peacful XMAS & lets hope a coming year, full of getting results from the greedy money grabbing Banks & Mortgage companies.

[00765]

Below is my almost finished Request for the judgement Order against me to be set aside. Could someone please have a look & give me their comments

Also can i submit this request, even though the court has now issued a notice of attachment to earnings?

Thanks

Sorry about the above layout. i can't seem to return the text layout to normal.

IN THE NORTHAMPTON COUNTY COURT

CLAIM NUMBER xxxxx

BETWEEN:

 

HFC BANK LIMITED

Claimant

 

and

xxxxxx

Defendant

 

 

and

 

IN THE MATTER OF SETTING JUDGEMENT ASIDE

 

 

WITNESS STATEMENT

OF

xxxxxxx

 

1. My name is xxxx and I live at xxxxx

2. On or about xxx at about xxxx hours, my car was broken into by an unknown person.

3. The incident was reported to the police on or about xxx. The police gave me a crime reference number xxxx. A copy of correspondence received from the police, is hereby attached and marked as Exhibit A.

4. When the unknown person or persons, broke into my car, my bag containing my documents, the court documents, my keys and invaluable items were all taken away.

5. Due to the disappearance of my bag, I was unable to prepare my defence, as the bag contained my defence to the claimant’s claim and all documents from the court in respect of the claim.

6. I attempted by facsimile from xxxx, to notify the court about the exceptional circumstances of my case. However this proved unsuccessful. I hereby attach facsimile confirmation of the numerous unsuccessful attempts to send a fax to the county court, marked as Exhibit B.

7. On or about xxxxx, my attempt to notifying the court was finally successful. I hereby attach and marked as Exhibit C, confirmation of the successful facsimile to the county court.

8. I made several unsuccessful attempts at contacting the claimant’s solicitor. In fact for a number of days, the claimant’s solicitor’s telephone went unanswered or I was informed that the person dealing with my matter was unavailable.

9. I do have a valid defence to the claimant’s claim. Infact, I wrote to the claimant’s solicitors, asking for details of the purported debt. A copy of the correspondence from and to the claimant’s solicitor, are hereby attached and marked as Exhibit D and Exhibit E

10. The claimant has not particularised their complaint, nor have they provided me with any Default Notice.

11. If the judgement is not set aside, I will be denied an opportunity of submitting my case, and a corporate entity stands to gain immensely, through unlawful means.

12. I am a single parent, struggling to provide for my child and me. If the judgement is allowed to stand, it will surely cause my child and I immeasurable hardship.

13. I now pray, this honourable court to grant me an order for the order to be set aside.

STATEMENT OF TRUTH

I believe that the facts stated in this Statement are true.

Dated this day of xxxxxx

Signed ……………………………………..

Name ……………………………………….

[chip76]

Regarding HFC's request for attachment of earnings - I'm surprised at that.

 

Are you a home-owner? I'm assuming not, as Restons would normally look to a Charging Order to enforce the judgment (ie effectively turning it into a secured loan)

 

If they are going for an Attachment of Earnings, get proper advice - try CAB, National Debt Line or CCCS.

[00765]

Thanks Chip76.

 

I think i'm still going to lodge my request for the judgement to be set aside.

 

Do you or anyone else have any thoughts about my posted statement, at no. 14 in this thread? I'm now looking to send it by Tuesday of this wk

 

Thanks again Chip76

[00765]

Good point Karnevil. Thank you. Always good to have a fresh pair/s of eyes look at things like this.

 

I'll be sending the request tomorrow.

[00765]

Thanks Karnevil.

 

I have this afternoon filed my request for a set aside at the county court. It cost me £65 just to file. And so i wait in desparate anticipation

[Bailiffchaser]

I am free as i am self employed and am in reciept of working tax credit. I have issued approx 5 smallclaims and 2 warrants for bailiff action. which did not cost a penny. I only sent the bailiffs in because the debtors ie amicus-horizon and also another company would not cough what i had won and they kept on putting in silly defences. they had tried to adjourn the case 2 times.

[00765]

Hello All,

 

I received a Notice of Hearing for my request to set aside the CCJ Order, from the court a few days ago. It is set for March 6th 2007.

 

I have no idea how i'm supposed to go forth with this.

 

Could anyone please assist in terms of how i should prepare & on the day, present my arguements.

 

My case at this stage essentially is that,

 

1. I was not given an opportunity to submit a defence because my court docs including my defence, were stolen from my car when somene broke into it,

 

2. That HFC have not particularised their claim,

 

3. that the amount claimed for by HFC is disputed since, despite my written request, Restons/HFC have failed to explain how they arrived at the final figure.

 

4. That Restons have themselves added over 1,000 pounds in their fees to the total (How would I describe the Restons fee to the Court?)

 

Thanks & HAPPY NEW YEAR

[NailPost]

Without it (Restons fees) being particularised I would call them excessive!

 

You could ask the judge to consider what they have done to justify the fees and suggest they should be taxed (legal word for looked at carefully) if it goes against you.

[Bailiffchaser]

have you sent a sar off to the hfc or their solicitors. Do not forget you have till march to get a sar and its results sorted out. once this has been sent you can inform the judge of a non compliance with the sar etc. i know it is not easy but you have 3 months. make use of them.

[Bailiffchaser]

another thing are you on a low income if so you can apply for a fee remission on the hmcs website and you should get a aprtial or complete refund of your fee.

[00765]

Thank you, all very useful info. I shall definately send of for the SAR. Is it ten pounds?

 

Do the arguements i have set forth in my previous post no. 24, sound sufficent & on point or should i be adding or deleting something?

[00765]

Thank You Karnevil.

 

I'm going to send for the SAR & begin to put together the wonderful info you & others on this thread have so generously provided in prerparation for my court date

[00765]

I received a letter from a court bailiff this am, basically saying that i need to either provide my employment details or face prison. But i did receive a notice from the same court just before XMAS that there is to be a hearing re my request to have the CCJ Order set aside.

 

So can the court still demand for my employment details even though the issuance of the Order itself is going to be the subject of a hearing in March?