Consumer Action Group envelope labels
You are part of a community of over 195,000 people.
Let your bank know that you won't give in.
Display one of our labels on your envelopes.
 Full description here
Sheet of 20 self-adhesive envelope labels
£3.50 inc p&p
|
Reclaim the Right Ltd. - reg.05783665 in the UK
reg. office:- 923 Finchley Road
London
NW11 7PE
| | | | CAG Announcements
| |
Welcome Guest
Please register
Registration is free
There are no charges for using any of the facilities of this website.
If this is your first visit, be sure to check out the FAQ.
You will have to register before you can post.
To start viewing messages, select the forum that you want to visit from the selection below.
You will also have to register to access our template letters and claims forms
registration is free
Are you being threatened over debts more than 6 years old?
This may be unfair
See our new Unfair Trading Guide Bought an extended warranty?
Not satisfied?
The warranty may be an example of unfair trading
See our new Unfair Trading Guide Have you been defaulted?
Would you like to clean up your credit file?
Check it out
Hold the Front Page!!
News updates
The Consumer Forums front page Have you been defaulted?
Would you like to clean up your credit file?
Check it out
| | | | | | | DCA Legal Successes This is where threads will be moved after a successful legal victory regarding a DCA issue. | Welcome to The Consumer Action Group
and
The Bank Action Group
Before beginning to claim your bank charges be sure to read the FAQ by clicking the link above. Read it carefully and also read as much of the forum material as you can manage before you start claiming your bank charges refund.
You will have to register before you can post or view the materials which may assist you in reclaiming your penalty charges: click the register link above to proceed.
To start viewing messages, select the forum that you want to visit from the selection below. Understand what you are doing and you will be able to Reclaim the Right more effectively.
Why don't you come and introduce yourself in the Welcome section at the top of the forum. Then have a look around the rest of it.
Do not post or start claiming until you have read the entire FAQ section and step by step guides and you have a good basic idea of what to do and of the layout of the forum.
Good luck claiming your bank charges. We strongly suggest that you register under a UserID and not your own name |  | | 
20th June 2008, 16:59
|
#321 (permalink)
| | Site Team
I am in: Southampton (actually Eastleigh)
Posts: 9,968
|  Re: HFC/Restons **WON**CASE STRUCK OUT
Quote:
Originally Posted by Bug  Absolutely. They said it would take 11 years to pay off ....  | Not any more it wont 
__________________
PLEASE DO NOT PRIVATE MESSAGE ME AND THEN WAIT FOR A REPLY, ESPECIALLY IF YOU NEED URGENT HELP AS YOU MAY NOT GET A REPLY IN TIME
| 
|  | |
20th June 2008, 17:00
|
#322 (permalink)
| | Classic Account Customer
I am in: Leicestershire
Posts: 219
| Re: HFC/Restons **WON**CASE STRUCK OUT
Quote: |
Excellent News Bug - really pleased for you!!!
| Thanks toddle2u  | |
| | |
20th June 2008, 17:03
|
#323 (permalink)
| | Classic Account Customer
I am in: Leicestershire
Posts: 219
| Re: HFC/Restons **WON**CASE STRUCK OUT
ROTFL... | |
| | |
20th June 2008, 17:19
|
#324 (permalink)
| | Site Team
I am in: Southampton (actually Eastleigh)
Posts: 9,968
| Re: HFC/Restons **WON**CASE STRUCK OUT
so come co spill the beans, what did the judge say then, enquiring minds want to know 
__________________
PLEASE DO NOT PRIVATE MESSAGE ME AND THEN WAIT FOR A REPLY, ESPECIALLY IF YOU NEED URGENT HELP AS YOU MAY NOT GET A REPLY IN TIME
| |
| | |
20th June 2008, 17:45
|
#325 (permalink)
| | Classic Account Customer
I am in: Leicestershire
Posts: 219
| Re: HFC/Restons **WON**CASE STRUCK OUT
No probs....
He started by saying that there were two applications to deal with and asked if either the sol for Restons or myself had any objection to them both being heard this morning ... both of us said 'no' of course.
So he said he would deal with their application for summary judgment first. The sol talked about how the case had come about (usual pre-amble stuff) and how I had been paying it etc, etc. He referred to the huge bundle of statements from HFC in front of him..
Judge: 'Yes, I have that too. Isn't there a witness statement to back these up? They could refer to anything. I really don't think that the application for summary judgment will be able to go any further without any evidence...'
Sol: 'I think I have the same documents, no, nothing about a witness statement'
Judge: 'Umm...right I'll deal with Mrs (Bug)'s application to strike out. Well I have to say that I'm extremely impressed with the way the argument in this application is put together. Your application concerns this illegible application form ... sol, have Restons files another form which is legible?
Sol: 'No sir'
We discussed the ins and outs of the CCA s60, 61, 127 plus s3 of the 1983 regs. I read the relevant sections to the judge. He made some notes and made a few comments about not being able to understand what Restons thought they could rely on.
Judge: 'Mr (sol) 'Do you have anything to say?'
Sol: 'Well Mrs (Bug) has been paying and so by definition there is an admission of the debt'
Me: 'With respect to the court and to yourself, Mr (sol) that isn't what is at issue here. The krux of this case is that Restons have brought the matter before the court where clearly they had no right in law to do so - they are attempting to enforce a totally unenforceable agreement, well, application form'
Judge: 'Mr (sol), any further comments?'
Sol: 'No sir, I have nothing else useful to say'
Then the judge summed up and threw the claim out. | |
| | |
20th June 2008, 20:35
|
#329 (permalink)
| | Classic Account Customer
I am in: Leicestershire
Posts: 219
| Re: HFC/Restons **WON**CASE STRUCK OUT
Quote: |
recently been told that its been sold to Phoenix
| Funny you should say that ... there was the briefest mention that the debt may have been sold on at this morning's hearing (a letter to the court apparently) but the sol for Restons dismissed the idea.
Thanks humbleman for the support - always appreciated!
Last edited by Bug; 20th June 2008 at 20:36.
Reason: typo (again!)
| |
| | |
20th June 2008, 20:39
|
#330 (permalink)
| | Platinum Account Customer
I am in: SW England
Posts: 813
| Re: HFC/Restons **WON**CASE STRUCK OUT
Quote:
Originally Posted by Bug Last edited by Bug; Today at 19:36. Reason: typo (again!) | Had too much of that fizzy stuff Bug? 
Cheers
Rob | |
| | |
20th June 2008, 20:45
|
#331 (permalink)
| | Classic Account Customer
I am in: Leicestershire
Posts: 219
| Re: HFC/Restons **WON**CASE STRUCK OUT
Quote: |
I didn't put an application to strike out with my defence, should I have or can I do it when (IF) there is a court date
| The decision is always yours, of course. The reason that I hit them with it when I did was that letter after the hearing in April. They said that they couldn't comply with the order meaning that they hadn't got a legible copy of the agreement (you'll notice that they were relying on an illegible copy of the application form). Once they admitted that they hadn't got it I hit them with the application ... their case had really fallen apart - they didn't have the one fundamental document that their whole case rested upon. I saw no way that the case could move forwards for them. Because we're not flush for cash the application didn't cost anything - it's always worth checking these things out - the info is available on the MCOL site, as is the form for fee remission itself.
Don't give up...the worm has turned and it has teeth! | |
| | |
20th June 2008, 20:46
|
#332 (permalink)
| | Classic Account Customer
I am in: Leicestershire
Posts: 219
| Re: HFC/Restons **WON**CASE STRUCK OUT
Quote: |
Had too much of that fizzy stuff Bug?
| I wish Rob ... no just clumsy as always! | |
| | |
20th June 2008, 20:50
|
#333 (permalink)
| | Classic Account Customer
I am in: Leicestershire
Posts: 219
| Re: HFC/Restons **WON**CASE STRUCK OUT
Quote: |
Couldn't read and not post a huge congrats | ... thanks, sostressed - yep, the fizzy was quite acceptable!  | |
| | |
20th June 2008, 20:51
|
#334 (permalink)
| | Platinum Account Customer
I am in: a Galaxy, far, far away... (Near Newcastle, that is!)
Posts: 3,395
| Re: HFC/Restons **WON**CASE STRUCK OUT
Wow!
Another slap in the face for Restons... Lets keep this going - we're on a roll now and we can't lose! | |
| | |
20th June 2008, 20:54
|
#335 (permalink)
| | Classic Account Customer
I am in: Leicestershire
Posts: 219
| Re: HFC/Restons **WON**CASE STRUCK OUT
Quote: |
Another slap in the face for Restons
| oh, don't ... I've just had a vision of a wet kipper !!
Thanks for your help. | |
| | |
21st June 2008, 01:24
|
#336 (permalink)
| | Basic Account Customer | Re: HFC/Restons **WON**CASE STRUCK OUT
Quote:
Originally Posted by Bug The decision is always yours, of course. The reason that I hit them with it when I did was that letter after the hearing in April. They said that they couldn't comply with the order meaning that they hadn't got a legible copy of the agreement (you'll notice that they were relying on an illegible copy of the application form). Once they admitted that they hadn't got it I hit them with the application ... their case had really fallen apart - they didn't have the one fundamental document that their whole case rested upon. I saw no way that the case could move forwards for them. Because we're not flush for cash the application didn't cost anything - it's always worth checking these things out - the info is available on the MCOL site, as is the form for fee remission itself.
Don't give up...the worm has turned and it has teeth! |
WELL DONE BUG you deserve to "rest on a sunday"
....... another one bites the dust.............. | |
| | |
