HFC/Restons **WON**CASE STRUCK OUT

[Bug]

Umm, being dealt with by Miss Jones and she won't be in til 11am. The receptionist gave me her 'direct' phone number - 0870 7559827. I'll try again at 11 then....

[Curlyben]

In that case I wouldn't use her DDI as it will cost a small fortune, go with the real number earlier via reception.

[Bug]

Thinks...I have an email address for Miss Jones - would email be acceptable do you think? It is easier for me too bearing in mind that I can't make phone calls easily from here...

[Curlyben]

In all honesty I would call her and follow up with an e-mail just to confirm what was said.

[Bug]

Okay - I just remembered that she was the one who I had contact with before the summons was issued - and presumably the same person who chose to ignore the fact that this was being paid quite 'happily' through PayPlan!

I'll ring her at 11.

[Bug]

Politeness itself!! She said she will contact her client and ask them to send the docs and could I forward a copy of her client's letter to her so she knows what they've said .... a case of the tail wagging the dog, do you think?

I said I would email her and tell her what they put in their letter and re-iterate the main points of our telephone conversation.

[Curlyben]

Nice one.

[Bug]

This is it....

Dear Miss Jones,

I refer to our telephone conversation a few minutes ago.

I confirm that I would be happy to scan your client's letter and forward the same to you via email tomorrow. In the meantime, their letter reads as follows:


"31 October 2007.


Dear (Bug)

Re Request for information

Thank you for your recent request for information that we hold about you.

I would be grateful if you could complete the attached form and forward it to the address indicated. We will also require a copy of your driving licence or valid passport. We will action your request upon receipt of the completed form.

I look forward to hearing from you shortly.

Yours sincerely,


(Katie Nash)
Subject Access Request Team."


As mentioned in our conversation, this letter was preceded by an identical letter (apart from the date) of 19th October. My defence will be filed on Friday (9th November) so in order to facilitate this, I will require the copy documents to be with me within the next few days. Failing which of course, the matter wll be brought to the attention of the Court.

Many thanks for your assistance with this,

(Bug)

Now we wait....again.

[Bug]

Hi CB. Had a phone call from Miss Jones at Restons this afternoon. She said she'd 'spoken to her managers' and that the request for ID and fee was standard procedure and that HFC would not comply with my request until I followed their instructions. I mentioned that she might like to try looking up the CPR, particularly 8.5 but she said that what she had just said still stood.

We're not going to get anywhere with them - I told her I wanted what she had said in writing. I doubt that it will be forthcoming.

I'd like to file my defence online tomorrow so any help with that would be gratefully received.

Many thanks,

Bug.

[Bug]

Hi Curlyben. Any suggestions?

[Curlyben]

They are talking carp, but I'm sure you've realised that by now.

Well you need to bring this lack of information to the courts attention.

As far as defence, have a look at this for some ideas.

What would you do?

[Bug]

Thanks for your reply CB. I'll sort it tomorrow - right now I need sleep!!

As a pair (that is HFC and Restons) they're an unbelievable double-act. I can't imagine they can get anything right they seem so incompetent - anyhow, my defence will go in tomorrow and then it's up to the court. I'd like to see if they have the CCA though!

Thanks once again for your reply - it's the help of people such as yourself that we all rely on and which makes this site this site the success it is.

Cheers.

[Bug]

Morning Curlyben.

I have had a look at the defence and as I have fiddled about with it I wondered if you could just look over it and see if you think it's okay before I get it into the court.



DEFENCE

Except where otherwise mentioned in this defence, I neither admit nor deny any allegation made in the Claimants Particulars of Claim and put the Claimant to strict proof thereof.

The Defendant is embarrassed in pleading to the Particulars of Claim as it stands at present, inter alia:-

The Claimants’ Particulars of Claim disclose no legal cause of action, that is the Claimant's statement of case is insufficiently particularised and does not comply or even attempt to comply with CPR s.16. In this regard I wish to draw the Court’s attention to the following matters;

a) The Particulars of Claim are vague and insufficient and do not disclose an adequate statement of facts relating to or proceeding the alleged cause of action. No particulars are offered in relation to the nature of the written agreement referred to, the account number quoted is not known to the Defendant. There are no details with respect to the method with which the claimant calculated any outstanding sums due, or any default notices issued or any other matters necessary to substantiate the Claimant’s claim.

b) A copy of the purported contract that the Claimant cites in the Particulars of Claim, and which appears to form the basis upon which these proceedings have been brought, has not been served with the claim form.

c) A copy of any evidence of both the scope and nature of any default, and proof of any amount outstanding on the alleged accounts, has not been served attached with claim form.

Consequently, I deny all allegations on the Particulars of Claim and do not know what case I have to meet.


Further to the case, on 16th October 2007 and again on 24th October 2007, I requested the disclosure of information vital to this case from the Claimant, in respect of the alleged debt. The Claimant has failed to produce any of the information requested. The information requested amounted to copies of the Credit Agreement and any default or termination notices, a transcript of all transactions, including charges, fees, interest, alleged repayments by myself and payments made by the original creditor. Also any other documents the Claimant seeks to rely on, including any default notices or termination notice, and a list of charges applied to the account.

The Claimant’s solicitor has indicated that the Claimant requires proof of identification of the Defendant before they will release any information, thereby failing to provide evidence pursuant to CPR s.8.5. I respectfully ask that the court grants me permission to amend this defence when I have received the necessary information.


With respect to the claim, it is denied that I am liable to the claimant as stated in the claim, or at all:



Having requested a copy of the Credit Agreement, which has (thus far) not been produced by the Claimant, I put the Claimant to strict proof that such a document exists, and is in all respects compliant with the Consumer Credit Act 1974. In the absence of such a document, I deny that there has been any failure to make payment in accordance with any alleged contract.

The Claimant having failed to produce a copy of a properly executed Credit Agreement and in the absence of such an agreement, which conforms to sections 60 and 61 of the Consumer Credit Act 1974, the Defendant avers that no agreement has ever existed for there to have been any failure to make said payment.



I put the Claimant to strict proof that any account charge and collection charge made to the account was valid and lawful. I aver that any default notice sent would have included these charges.

I put the Claimant to strict proof that any default notice sent to me was valid. I note that to be valid, a default notice needs to be accurate in terms of both the scope and nature of breach.

Failure of a default notice to be accurate not only invalidates the default notice (Woodchester v Swaine ) but is a unlawful rescission of contract which would not only prevent the court enforcing any alleged debt, but give me a counter claim for damages Kpohraror v Woolwich Building Society [1996] 4 All ER 119.

Furthermore the Claimant states that I have an overdue balance under the terms of the contract. In the Particulars of Claim, the Claimant has not explained under what terms of any agreement any sums were due and I put the claimant to strict proof that said monies are due.

Having instigated these proceedings without any legal basis for doing so, having failed to provide sufficient information required under the pre-trial protocols in order to investigate this claim or indeed to provide a reasonable time period to investigate this matter, I believe the Claimant’s conduct amounts to unlawful harassment under section 40 of The Administration of Justice Act. Furthermore, the Claimant’s behaviour is entirely vexatious and wholly unreasonable.


I'm reasonably happy that it makes sense.

Thanks,

Bug.

[Curlyben]

Be careful using this line:

the account number quoted is not known to the Defendant.

unless it is 100% true.

amend this line

I put the Claimant to strict proof that such a document exists, and is in all respects compliant with the Consumer Credit Act 1974 and subsequent Statutory Instruments.

Otherwise, I'd say looks good.

Do you have a grasp on what it is all saying, as you might be asked about it ?

[pt2537]

DEFENCE

Except where otherwise mentioned in this defence, I neither admit nor deny any allegation made in the Claimants Particulars of Claim and put the Claimant to strict proof thereof.

The Defendant is embarrassed in pleading to the Particulars of Claim as it stands at present, inter alia:-

The Claimants’ Particulars of Claim disclose no legal cause of action, that is the Claimant's statement of case is insufficiently particularised and does not comply or even attempt to comply with CPR s.16. In this regard I wish to draw the Court’s attention to the following matters;

a) The Particulars of Claim are vague and insufficient and do not disclose an adequate statement of facts relating to or proceeding the alleged cause of action. No particulars are offered in relation to the nature of the written agreement referred to, the account number quoted is not known to the Defendant. There are no details with respect to the method with which the claimant calculated any outstanding sums due, or any default notices issued or any other matters necessary to substantiate the Claimant’s claim.

b) A copy of the purported contract that the Claimant cites in the Particulars of Claim, and which appears to form the basis upon which these proceedings have been brought, has not been served with the claim form.

c) A copy of any evidence of both the scope and nature of any default, and proof of any amount outstanding on the alleged accounts, has not been served attached with claim form.

Consequently, I deny all allegations on the Particulars of Claim and do not know what case I have to meet.


Further to the case, on 16th October 2007 and again on 24th October 2007, I requested the disclosure of information vital to this case from the Claimant, in respect of the alleged debt. The Claimant has failed to produce any of the information requested. The information requested amounted to copies of the Credit Agreement and any default or termination notices, a transcript of all transactions, including charges, fees, interest, alleged repayments by myself and payments made by the original creditor. Also any other documents the Claimant seeks to rely on, including any default notices or termination notice, and a list of charges applied to the account.

The Claimant’s solicitor has indicated that the Claimant requires proof of identification of the Defendant before they will release any information, thereby failing to provide evidence pursuant to CPR s.8.5. I respectfully ask that the court grants me permission to amend this defence when I have received the necessary information.


With respect to the claim, it is denied that I am liable to the claimant as stated in the claim, or at all:



Having requested a copy of the Credit Agreement, which has (thus far) not been produced by the Claimant, I put the Claimant to strict proof that such a document exists, and is in all respects compliant with the Consumer Credit Act 1974. In the absence of such a document, I deny that there has been any failure to make payment in accordance with any alleged contract.

The Claimant having failed to produce a copy of a properly executed Credit Agreement and in the absence of such an agreement, which conforms to sections 60 and 61 of the Consumer Credit Act 1974, the Defendant avers that no agreement has ever existed for there to have been any failure to make said payment.



I put the Claimant to strict proof that any account charge and collection charge made to the account was valid and lawful. I aver that any default notice sent would have included these charges.

I put the Claimant to strict proof that any default notice sent to me was valid. I note that to be valid, a default notice needs to be accurate in terms of both the scope and nature of breach.

Failure of a default notice to be accurate not only invalidates the default notice

(Woodchester Lease Management Services Ltd v Swain

and Co - [2001] GCCR 2255)
but is a unlawful rescission of contract which would not only prevent the court enforcing any alleged debt, but give me a counter claim for damages (Kpohraror v Woolwich