HFC/Restons **WON**CASE STRUCK OUT

[Bug]

Hi everyone - I'll try and make this as brief as possible!

Got a Beneficial Bank credit card around a decade ago - had problems ended up with 2 Beneficial Debts which then became HFC debts. Entered into DMP with PayPlan approx 10 years ago. I've been paying this off without missing one or being late - ever.

Restons got involved and I got the usual letter saying that their clients weren't happy with the situaution - it was going to take XX years to pay off, etc, etc. I duly referred that to PayPlan and we did another statement re: income/outgoings. The chap at PayPlan thought that this would keep them happy. Heard nothing then a County Court claim lands on my mat.

They're claming an amount plus £700+ for what they term a 'collection charge'.

I've filled in the Acknowledgement of Service online which as I understand it gives me 28 days to file a defence.

I've also sent an email to the Financial Ombudsman complaining about them and the collection charge.

I intend to dispute the collection charge. I plan to counterclaim for any penalties that they've slapped on my account/s over the past 6 years.

My questions are:
As I intend to claim for penalty charges I will have to send a S.A.R - (Subject Access Request) - trouble is by law they have 40 days to comply with that - how does that leave me with the 28 days?

I will also be requesting a copy of the original agreement. My guess is they won't have it - how do I/they stand if they can't produce it?

Can they really change their minds about the DMP when they've been sitting back and getting my payments regularly for the last 10 or so years?

I was really upset about this but now it's actually making me very angry!

I'd appreciate anyones comments.

[Curlyben]

Right then time to get some serious information and FAST.
Shame you didn't post this when you first received the summons as time is VERY short.

Get this off TODAY Guaranteed next day.

Dear Sir/Madam,

I have received the Court claim filed by your Company. To enable me to file a defence and counter-claim, I require specific information regarding the account to be provided forthwith. Given that this matter is now the subject of legal proceedings, you are obliged to disclose under the Civil Procedure Rules, the information and documents detailed below. The information must be furnished by the 27th October 2007, which gives you ten days to provide what has been requested. If you fail to comply, this will be reported to the Court, a copy of this letter will be provided as evidence to the same and an Order enforcing your compliance will be sought.

1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.
2. All records you hold on me relevant to this case, including but not limited to:
a. A transcript of all transactions, including charges, fees, interest, repayments and payments and both the original amount of the loan and any repayments made to it the account.
b. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations
c. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with Beneficial Bank.
d. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.
e. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).
f. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.
g. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.
h. A genuine copy of any deed of assignment, or proof that you have a legal right to this money.
i. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998
j. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

3. Any other documents you seek to rely on in court.
4. A copy of your complaints procedure, as required by the Consumer Credit Act 2006.
5. Clarification of the date you acquired the debt, what organisation you acquired it from, their registered office, their company number (if any) and what legal title they had to this debt, and what credit license number they had at the time that the debt was purchased or entered into.

I will require this information within the next ten days. I must advise you that if the information is not forthcoming, it will be reported to the Court that you are trying to frustrate proceedings and denying me the opportunity to file a defence and counter claim.

I would appreciate your due diligence in this matter.

I await your rapid response.

Yours Faithfully,

As there is legal action the S.A.R - (Subject Access Request) and CCA requests will NOT need the usual fees.

Now if they respond in time then a good defence can be entered, otherwise we'll go with a place holder defence and bring this lack of information to the courts attention.

[sequenci]

You should certainly challenge the collection charge.

A) It is very likely that there is no provision for it in the original agreement
B) Even if there was it can be argued that this fee is excessive and disproportionate
C) Their actions contravene The OFT debt collection guidance on so many levels.

Take a look:

http://www.oft.gov.uk/shared_oft/bus...dit/oft664.pdf

[Bug]

Thank you Curlyben and sequenci.

Curlyben, I'm on to it right this minute. I didn't delay though - the summons I got on Saturday and the date of service was deemed as today but I appreciate that I need to act fast. I take it the letter goes to the HFC head office - should I copy it to Restons as well?

Thank you so much

[Curlyben]

Excellent that's really good.
Now make sure you mark the important dates on your calender as they are NOT movable.
So Service - 16/10
Acknowledgement - 30/10
Defence - 13/11
I believe

[Bug]

Thank you Curlyben.

I've done the AOS online so I need to prepare the defence for before the 28-day deadline.

I'm off to the post office!

[Bug]

Okay .... sorted. I think the phrase is 'light the blue touch paper and retire'.

Next I think I'll get all the payment details and stuff from PayPlan....

[Curlyben]

Just one other thing, NEVER talk to these people on the phone unless you can record it.
Keep everything in writing for use in court.

[Bug]

Sound advice...I think they may have tried to phone me but my other half answered as I was out. If they do manage to get me I'll make sure I follow your advice, thanks.

I'll be saving everything which is also why I thought it might be a good idea to get all the paperwork from PayPlan as well.

Thanks for your help - it's good to know I'm not on my own!

[hellhasnofury]

Originally Posted by Bug

Sound advice...I think they may have tried to phone me but my other half answered as I was out. If they do manage to get me I'll make sure I follow your advice, thanks.

I'll be saving everything which is also why I thought it might be a good idea to get all the paperwork from PayPlan as well.

Thanks for your help - it's good to know I'm not on my own!

Hello Bug,

Just found your thread, maybe put one one the hfc forum as this one will get lost on here.
I am in the same position but a bit further down the line, I wll put up a link to my thread for you to read. and if you need help just ask

revenge is sweet-v-hfc

[Bug]

Thanks HHNF. What's happening with you at the moment? I was interested to see that you have reported them to the Financial Ombudsman - I did that too, but only via email - perhaps it's time to put it in writing.

Needless to say, it's all quiet on the Reston's front. I honestly don't expect a reply from them - they seem to be very good at sending out snotty letters but useless at replying to any of ours. What they don't realise is how much this can impact on our lives. I'm in the same position as so many others must be. I've not done anything wrong - I paid just as I said I would, haven't stopped, in fact. They cannot be allowed to get away with this level of intimidation. The situation was actually making me ill but ghradually over the last couple of days my sleeping pattern has returned to near normal (for me!) and I'm getting more and more determined to go for them.

[Bug]

Hi - Curlyben - wonder if you can help?
Had a letter from HFC this morning...

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

I would be grateful if you would complete the attached from 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 from.

I look foward to hearing from you shortly."

I think this is a stalling tactic. They're also asking fro £10 and the usual 40 days. My letter clearly gave them until 27th Oct. I am right in thinking that as this is subject to legal proceedings the usual rules don't apply - is that written down somwhere?

My defence is due in to the court before 12th November.

Any advice would be appreciated.

Cheers.

[Curlyben]

They are talking Ball Hooks.
As this is a request under CPR NO fee or ID is needed.

REQUEST FOR INFORMATION UNDER THE CIVIL PROCEDURE RULES.

Dear Sir/Madam,

Thank you for your letter of xx/xx/xx, the contents of which are noted.

With regards to my previous letter, a copy of which I include for your perusal and ease of reference.
I have made a formal request for information under the Civil Procedure Rules as you have initiated legal action against me.

This information should be readily forth coming as set out under CPR 8.5 you are required to furnish me with any and all documents that you intend to rely on in court.

Any attempt on your behalf to obstruct my legal rights will be brought to the courts attention as you are attempting to denying me the opportunity to file a full defence and counter claim, as well as frustrating proceedings.

I expect your unconditional response within 7 days.

I would appreciate your due diligence in this matter.

I await your rapid response.

Yours Faithfully,

Send to Restons AND HFC.

[Bug]

Ball Hooks ... love it!

Thank you for your help again ... I knew they were trying to pull a fast one I just didn't know how/where to tell them to get off.

The letter will be off today - Next Day delivery as usual.

Thanks CB

[Bug]

Morning Curlyben!

Okay, I have a definite feeling of deja-vu here!

I've had another letter from HFC (sent second class again - so they're taking this very seriously)

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

I would be grateful if you would complete the attached from 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 from.

I look foward to hearing from you shortly."


Identical in every respect to the previous letter, apart from the date.

So now the time for filing my defence draws nearer - it's due in 12th November but I was planning to file it on Friday (9th). I very much doubt that HFC will get their act together before then - is it worth me sending them another letter since I've had the same reply twice and they've failed to produce the documents under the CPR? I can't decide whether they're doing this deliberately in an attempt to scupper my defence or if they really are as daft as they seem....

Thanks in anticipation

Bug.