revenge is sweet-v-hfc

[hellhasnofury]

Have received the allocation questionaire from the court now, so things are hotting up now:D

[volvodriver]

Subscribing - good luck

[hellhasnofury]

Subscribing - good luck

 

Hello,

 

Thank you volvodriver for your luck, I may need it,

 

Received a letter from the court today, ordering a stay in the proceeding to allow for negoitations between them and me, until the 24th Sept.. I am saying and agreeing to nothing less than write-off and go away, oh maybe remove the default you have unlawfully put on my credit file.

 

They have a week to appeal, I wont be appealing, I think:cool:

 

Oh, can't wait for their first move:-D

[lookinforinfo]

Hmmm let me see..............they are asking you to confirm you have owe a debt to a company that cannot provide proof that they are legally entitled to

collect it. Nice work if you can get it.

By the way HHNF, you owe me £1500-I haven't got any proof either. If you

don't pay me I will sue you too. So will you pay me? Course not-so don't pay them either. I can't believe they will be stupid enough to take you to Court.

[hellhasnofury]

Hmmm let me see..............they are asking you to confirm you have owe a debt to a company that cannot provide proof that they are legally entitled to

collect it. Nice work if you can get it.

By the way HHNF, you owe me £1500-I haven't got any proof either. If you

don't pay me I will sue you too. So will you pay me? Course not-so don't pay them either. I can't believe they will be stupid enough to take you to Court.

 

Neither can I, but they have, and fingers crossed they will be sorry. I do believe that they play hard ball and don't quit easy, but unfortuneaty for them, so do I. Last year they would have walked all over me, because I was uneducated in the ways of the CCA. I have read so many times about poor people realising their rights, after receiving a ccj. If only they had known.:o

 

Anyway many thanks for your support. and what about the 5 million you owe me, and I want it tomorrow or????????

[gettough]

i am having lots of issues with HFC and Restons. The issues with Restons i took to the Law Society and they said that Restons took 'unfair advantage' of me and could get a slap on the wrist!! HFC surprise. surprise discharged the claim on my house the same day they received the letter from the Financial Ombudsman. HFC and Restons were demanding monies from me, but my monthly payments were being made by the insurance company from Nov 2005!! Now i am writing to the judge to have the CCJ removed, i am also writing to a MR Siggers at HFC asking for S.A.R also why Restons were not informed of monies being paid into my account by HFC etc. etc. All the info i have had from this site has been great, thank you everyone

[hellhasnofury]

i am having lots of issues with HFC and Restons. The issues with Restons i took to the Law Society and they said that Restons took 'unfair advantage' of me and could get a slap on the wrist!! HFC surprise. surprise discharged the claim on my house the same day they received the letter from the Financial Ombudsman. HFC and Restons were demanding monies from me, but my monthly payments were being made by the insurance company from Nov 2005!! Now i am writing to the judge to have the CCJ removed, i am also writing to a MR Siggers at HFC asking for S.A.R also why Restons were not informed of monies being paid into my account by HFC etc. etc. All the info i have had from this site has been great, thank you everyone

 

Hello gettough,

 

They are proper ********'s aren't they. Can you post up or pm me your letter to the Law Society. I think I will report them for continuing to act unlawfully in this matter. They are a firm of legal solicitors and should know and act accordingly.

 

I have just sent them my response to their last offer, so we will wait and see. Will they won't they???? The suspense is killing me. They think they are above the law. Let me know how you get on with your latest letter.

[hellhasnofury]

Hello,

 

Have heard from the court, with instructions of the impending case. I believe the case will be heard early next year, so there is plently time for preparations:p

[sallysas]

Go get 'em tiger :)

[car2403]

Hi hellhasnofury,

 

I'm in an almost (!) similar situation with HFC Bank, in that I asked for a s.77/s.78 CCA 1974 copy of agreement and Default Notice - and they (via Restons) issued a Court claim against me as a result!

 

In reply to that, I've issued against them on another agreement, just because I can really... (it's all becoming very "tit-for-tat"!)

 

I'm interested how you get on, because both our POC are similar (I had some (limited!) input from Laiste) and I think your case may just inspire some more confidence in me along the way!

 

Good luck!

Chris

[hellhasnofury]

Hi hellhasnofury,

 

I'm in an almost (!) similar situation with HFC Bank, in that I asked for a s.77/s.78 CCA 1974 copy of agreement and Default Notice - and they (via Restons) issued a Court claim against me as a result!

 

In reply to that, I've issued against them on another agreement, just because I can really... (it's all becoming very "tit-for-tat"!)

 

I'm interested how you get on, because both our POC are similar (I had some (limited!) input from Laiste) and I think your case may just inspire some more confidence in me along the way!

 

Good luck!

Chris

 

Hello Chris,

 

Thanks for your post, Things are plodding on slowly with this case, they have not dropped it as I had hoped, but well, we will have to see what comes of this. We have to give them a run for their money. don't we:)

 

I have had instructions from the judge, so a few orders to do before the court date, which is next year. I am sure I will be posting up for help and advice, but at present I am doing ok.

 

Sorry at present I do not post up all information regarding the case, because I feel their maybe preying eyes (hello HFC/Restons) Maybe, being a bit paranoid, but you never know.

[hellhasnofury]

Hello little update on this scenario

 

Reston have just sent me some document that I requested, not everything??????

 

Same application form, no terms and conditions

 

 

Statement of accounts, now I have marked out penalty charges for latter.

 

Now the Notice of default, I have never seen before, It is most interesting. The default balance is inaccurate, according the the statement balance of that month.

 

Oh well onwards and upwards;)

[car2403]

That's interesting, HHNF, as Restons have clearly stated to me that "our client does not store Default Notices issued and, where a query is raised, will reconstitute a "copy" of the original from their system records". Unfortunately for them, they are now bound by that statement under s.172 CCA 1974, which means they can't now successfully claim against me or defend my claim against them! We seem to be getting different stories on the same issue here?

 

I'm happy to provide you with a scan copy of the letter, if you want to see it and use it in your case - (PM me with your email address if you do) it's not binding on them because they haven't said that to you, but I'm sure a Judge will be interested in how different litigants are getting different responses from the same company!

 

Doesn't matter anyway, as the charges in the Default amount will invalidate any agreement and action they bring against you...

 

 

Woodchester Lease Management Services Ltd v Swain & Co NLD 14 July 1998

- failure of a Default Notice to be accurate invalidates the Default Notice (this can be used in a cross argument with s.98 CCA 1974 Termination Notices, issued on Current Account Overdrafts, also)

Kpohraror v Woolwich Building Society [1996] 4 All ER 119

- failure of a Default Notice to be accurate is an unlawful rescission of contract which would not only prevent the Court enforcing any alleged debt, but give aa claim for damages in the sum of the amount of the Default, plus £1,000 in substantial damages caused to credit reputation

[hellhasnofury]

That's interesting, HHNF, as Restons have clearly stated to me that "our client does not store Default Notices issued and, where a query is raised, will reconstitute a "copy" of the original from their system records". Unfortunately for them, they are now bound by that statement under s.172 CCA 1974, which means they can't now successfully claim against me or defend my claim against them! We seem to be getting different stories on the same issue here?

 

I'm happy to provide you with a scan copy of the letter, if you want to see it and use it in your case - (PM me with your email address if you do) it's not binding on them because they haven't said that to you, but I'm sure a Judge will be interested in how different litigants are getting different responses from the same company!

 

Doesn't matter anyway, as the charges in the Default amount will invalidate any agreement and action they bring against you...

 

Many thanks Car for your input.

 

Sorry they have comfirmed in their letter that they do not possess the original NOD and that it is a reproduced copy of the original that I never was sent.. The account was defaulted in May o6 according to Experain, no nod sent then and now they are telling me it was actually defaulted in Feb 07. Some-one is trying to cover their tracks now and telling porkies.

 

They also state they are unable to provide the original copy of the agreement, the only copy they hold at present is extracted (sounds painful) from microfeche and is of poor quality. (MMMmmmm pre-contractual application form with no prescribed terms:rolleyes: )

 

What I truely cannot get my head around is that in their reproduced copy of the NOD they can't even get the balance correct from the statement in the month that they supposedly sent it. It is hundreds out???????

[maybelline]

it is maddening, creditors put all kinds of rubbish on file with the cra's and it seems they dont even have to prove its validity, I had one out by thousands, wrong dates, totally incorrect, I ve had some totally made up, no debt existing and it has taken months to sort out, all the usual suspects!

[robcag]

..... Some-one is trying to cover their tracks now and telling porkies.

I wonder what the effect of an organised multi-complaint by CAG members who have experienced the shortcomings etc of Restons to the Law Society would be?

 

It seems that most people who have had dealings with Restons have some legitimate complaints about their underhand and non-conformist activities.

 

 

Rob

[hellhasnofury]

I wonder what the effect of an organised multi-complaint by CAG members who have experienced the shortcomings etc of Restons to the Law Society would be?

 

It seems that most people who have had dealings with Restons have some legitimate complaints about their underhand and non-conformist activities.

 

 

Rob

 

I am totally up for that one Rob, if we all stick together, we would get further i think.

[car2403]

I am totally up for that one Rob, if we all stick together, we would get further i think.

 

Count me in!

[broke dave]

Have a look here:

 

http://www.consumeractiongroup.co.uk/forum/hfc-household/124983-hfc-beneficial-crisis-broke.html

 

Have they gone into melt down, or is it wishful thinking??

[hellhasnofury]

Hello,

 

Just an update on this little scenario. There have been many turns and twists with this court case. Restons applying for my defence to be struck out because they stated I did not comply to the judges instruction. Bit below the belt, because I had

 

Offering me a reduced balance if I admitted liability, eh no thanks:lol:

 

Endless extension requested for the exchange of witness statements, application for an adjourment because their expert witness, could not attend on the trial date.

 

One week restons emailed me to inform me that the debt had been sold and then only to email 3days later to tell me that was a mistake and it hadn't.

 

The day before the trial, they them informed me that the alleged debt had been sold by hfc to a unknown 3rd party:eek:.

 

I turned up at court, they didn't and the judge(lovely chap) awarded me costs and ordered that a application to restore the case by the dca would be accepted within 28days and if no application was received by 4pm today the case is struck out.

 

Just off the phone to the court and no application has been received.Case struck out:D

hfc may think they have put this one to sleep, but I have only started with them. This has taken a year out of my live and I will have revenge:D

[robcag]

Hi HHNF

 

Congratulations on your success against Restons shenanigans. :D

HHNF 1-0 Restons :D

I wish you all the best of luck if you decide to start a new battle with the barstewards!

Cheers

Rob

[car2403]

Just watch what happens now - they can apply to have the strike out order struck out (I know!) when they receive it.

 

Going on recent form, they probably will...

 

Well done so far though - just shows that, if you can stick it out, all will come good in the end.

 

Hopefully this one is put to bed now then.

[hellhasnofury]

Thanks guys

 

It sure has been an educational trip, and to be honest nothing they do would surprise me:rolleyes: I am more than confident that they were on a hide to nothing with this case, especially when they asked me to admit liability:rolleyes: on a pre-contractual application form

 

I now need to find out what they have done with this, if they have sold it, to who, have heard absolutely nothing from them. There is still the default to remove, which is my next move:cool:

 

My only regret is that I did not counterclaim on this case, then they would not have been able to bow out, but I am carefully considering the next move:D

[sallysas]

Yes well done - 'Don't make me angry - you wouldn't like me if I were angry' indeed.

[hellhasnofury]

Yes well done - 'Don't make me angry - you wouldn't like me if I were angry' indeed.

 

Thanks Sallysas,

 

How things for you:D