HFC/Restons **WON**CASE STRUCK OUT

[Bug]

may a whole thread dedicated to this

I'd second that move actually, as I think it will affect many of us on here....

[111253]

Yes, they are going for lots of people, amny of whom have been paying what they can concientiously for years. However maybe they did us all a favour by being so unprepared.

A separate thread would be good

[Bug]

Been doing a bit of fishing .... apologies if this is second-hand news for any of you ... quite interesting though..

HSBC arm flouting 'anti-bullying' rules | This is Money

(deal with HFC not wanting to deal with debt management companies direct apart from the one they 'recommend' - the Consumer Counselling Service)

However maybe they did us all a favour by being so unprepared

Me for one, 111253! I could have lived without the stress though

[111253]

Just read the story of Marlin , its the classic Venture Capital bull****. They depend on getting no hope deals from desperate bankers and CC companies, and with all the talk in the article of legal knowledge know exactly what they are doing. They depend on us knowing nothing and taking their threats seriously. If we do not and fight, they find it cheaper and more efficient to just give it up(this is the approach I would use if I were them) . The proportion of perople who do pay up far outweighs those who know their legal position and so they make money. I take back my Marlin monkeys jibe and now give them credit for a well concieved racket that preys on those who know no better (as I was before coming accross you in CAG). They are fully aware of the illegallity of many or maybe most of their "collection" practices and will continue as long as there is debt(dodgy or otherwise) to be bought, thank goodness I like many other found CAG.

[robcag]

Originally Posted by 111253

I take back my Marlin monkeys jibe... in that case maybe 'Marlin sharks' might be more fitting, as I referred to them earlier today on my thread

Cheers
Rob

[111253]

Yes. thats what they depend on, I was the same but fortunately for me I found CAG within days of getting the court papers so probably did'nt have your hassle ( though I'd beem paying up for the last 3-4 years).

I hope they get off your back as soon as you show them we have good advice and are not going to roll over.

Good luck,

[goorooji]

Hi Bug I don't know if you are still around or you have received my PM regarding getting a copy of your witness statements in reply to the summary judgements...?

I would be grateful if you could post or email me these, as it would help me considerably in preparing my statement.

Hope to here from you.

Regards. G

[111253]

Me too, I'm not sure where I go from here. My AQ is in for both cases, but Marlin has not copied theirs to me even though I know they asked for an extension that would have run out a couple of weeks ago. Anything anyone has that I can use to get prepared for when (if) the court write to me with a date would be much appreciated.

[Bug]

Hi Bug I don't know if you are still around or you have received my PM regarding getting a copy of your witness statements in reply to the summary judgements

Hi G,

Yep, still very much around....I've answered your PM but anything else will be posted as I like everything (well, most things!) to be out in the open, as it were...

Right, I didn't prepare any witness statements so perhaps someone with a bit more savvy in that area will come along to help shortly, if not then PM one of the mods....

In the case that I won, Restons had applied for Summary Judgment with the usual grounds 'I had no reasonable prospect of defending the case'. Remember that they were trying to obtain judgment on an application form (post #176, this thread, no sign of a properly executed agreement anywhere.

So, we had a hearing, I told the judge about not being able to read the copy form and it was adjourned to allow them to supply a legible copy of the form they wished to rely on. They didn't file another form, instead they tried to fool the court into thinking that there was other legislation they could rely on (post #266). I could have just let the hearing go ahead but I decided to try and have a go back. The form was just a general application form (post #283), I was lucky because I am entitled to full fee remission, so in it went. I took it up to the court in person and asked if it could be heard at the same time as their application for SJ. It went before the judge (ex parte) and he heard them both on the day.

I think the following points helped me win on the day....

(Ok, the facts were on my side but I'd turned over and done nothing they would have won, without doubt)

1. I kept it simple. I was clear why they shouldn't get judgment against me and was quite assertive about it.

2. It helps no-end if you know what you're talking about - I even did a print-out of the relevant bits to hand to the judge.

3. I went in determined that they were not going to walk all over me .... so I went all out to win.

If you think something they're saying is incorrect, say so. It helped me to remain calm and polite to the judge and I think that really helped my case.

Fire away if you have any questions or comments.

111253, I'll get back to you shortly, I need to read what's been happening with you...

Bug.

[Bug]

I could have just let the hearing go ahead but I decided to try and have a go back. The form was just a general application form (post #283),

Sorry, forgot to say, that was an application to strike out the claim..

[Bug]

Anything anyone has that I can use to get prepared for when (if) the court write to me with a date would be much appreciated.

....I've posted on your thread, 111253. I'm not much practical help I'm afraid but I might be able to help with encouragement

[tinkerbell20]

wow

[conar686]

Got a response from M arlins to my narf orf letter.

Some statements

• LoP act allowing them to process my data - is this correct?
• A recent High court case allowed that once an agreement has been terminated, the obligation to provide a copy under the CCA ceases to apply. Anyone know of such case law?
• Any CCJ is assigned to them under the LoP - is this correct?

Other than that it was the usual bluster and I've asked them to prove their statements or return it to HFC.

[Curlyben]

What total Bovine Excrement !!!

I would love to see exactly where in LoP and CCA it says these things !

[111253]

Total Junk. they must have a harddrive somewhere what puts out random answers they hope will fool us. I think there is enough expertise here on CAG to dipense with any idea that they are correct.

[conar686]

Originally Posted by Curlyben

What total Bovine Excrement !!!

I would love to see exactly where in LoP and CCA it says these things !

Tks

I suspected as much CB, I've written back asking them to prove their statements or I'll issue a complaint to the OFT for trying to mislead consumers.

[sillygirl1]

The Law of Property act was written in 1925 - long before CRAs came onto the scene, unless there has been a recent amendment to this act there is NO provision to store data within in. I've read parts of it and one boring wet Sunday I will read it from beginning to end - as it seems to be a favourite quote of DCAs of late - "The LOP allows us to process your data and record defaults even though we are not the original creditor...."

When asked where in the LOP this comes they are very vague....