HFC-No Agreement? - Amended defence help please **WON**

[pt2537]

if you want to hang fire on the defence and the letter, i will happily draft a suggested letter. ive a couple of amendments to make to the defence RE post 59, so as soon as i get a mo ill get them done.

regards
paul

[robcag]

Originally Posted by pt2537

if you want to hang fire on the defence and the letter, i will happily draft a suggested letter. ive a couple of amendments to make to the defence RE post 59, so as soon as i get a mo ill get them done.

regards
paul

Will do Paul

Sorry if I gave the wrong impression, I wasn't trying to rush you!

One of the things I was going to put in the letter was that I had been trying to get an appointment with the CAB to try and get some advice on how to handle the claim. However, in my town it sometimes (often) takes weeks to get an appointment, in fact it is sometimes days before you can even get through to them on the phone, and they are not there every day.

Therefore I was not able to get advice until I found CAG just before the deadline for the defence to be filed expired.

Cheers
Rob

Edit: Typo

[pt2537]

No i didnt think that at all mate, and if i did i would have said so

this is the biggest problem when typing replies in this type of environment (forums) it often the case where comments are taken the wrong way or misinterpreted

it is something we can include in the covering letter with the amended defence so no worries

Regards
paul

[robcag]

Hi Paul

I just phoned my local court and was told they are open today and tomorrow until 4:00 pm on each day so it looks like I will be able to hand-deliver my documents before the 28th Dec. (presumably it would be OK to do that right up until the court closes on the 28th?).

Cheers
Rob

PS I just browsed the stonking defence against Link you prepared yesterday in another thread. I think I'll save that for possible future reference!

[robcag]

PPS
Having read your Defence against Link, it reminded me that in my case Restons did not send any LBA, yet another point where they failed to comply, what a bunch of cowboys they appear to be.

Rob

[pt2537]

hi rob,

ive just added the amendments re the terms and conditions and also the reference to exhibits

are you ok with the N244? it doesnt need to be with hearing and the level of judge is district

i can help you through it if you like

[robcag]

Originally Posted by pt2537

hi rob,

ive just added the amendments re the terms and conditions and also the reference to exhibits

are you ok with the N244? it doesnt need to be with hearing and the level of judge is district

i can help you through it if you like

Hi Paul

Thanks for making the amendments etc. I've got to nip out for 1/2 an hour or so, but I'll get right on it as soon as I get back.

I'll take another look at the N244 after that.

Did you say you had some further ideas to my suggestion re: CAB appointments etc. in Post#62 about the covering letter?

Sorry to keep putting on you!

Thanks
Rob

[pt2537]

Hi Rob,

as promised

take a look at the attached letter as let me know what you think

if there is any thing ive missed let me know

regards

paul

[robcag]

Originally Posted by pt2537

Hi Rob,

as promised

take a look at the attached letter as let me know what you think

if there is any thing ive missed let me know

regards

paul

That is absolutely brilliant Paul!

You've even included the fact that Restons did not send a LBA which I only remembered at the last minute after browsing your other excellent attack on Link in another thread. What would we do without you? (I won't answer that, but needless to say brown trousers are not needed!)

I'll read the letter again a couple of times and try and think of anything else which might be relevant, but at the moment it looks final.

You say "don't sign" the letter, even at this stage of proceedings, does that mean I shouldn't sign the "Statement of Truth" on the amended defence either? (just type my name?)

(Unfortunately I signed the AQ when I returned it)

Thanks again
Rob

[pt2537]

argh bugger,

no sorry Rob,the letter was an amended letter that i used a while ago in another case, however that one was where there was no disclosure and a copy was sent to the claimant and the court.

in this case, you can sign it for sure, sorry i missed that.

anything you send the court at this stage by all means sign

[robcag]

Originally Posted by pt2537

anything you send the court at this stage by all means sign

Thanks for the clarification Paul.

I'm still going through the agreement and formatting it (indents etc), I'm not as quick as you!


A couple of small points,

1. In the defence, shouldn't we refer to 'the agreement' as 'the purported agreement'? (eg in points 10 and 11)

and

2. Ref point 25, "...and having failed to investigate a dispute as required by the OFT Debt collection Guidelines". What dispute are we referring to? Would that be HFCs failure to respond to my CCA request? (sent at the same time as my CPR request, and which they still haven't complied with, or even acknowledged).

Thanks
Rob

Edit: Typo

[pt2537]

Originally Posted by robcag

Thanks for the clarification Paul.

I'm still going through the agreement and formatting it (indents etc), I'm not as quick as you!


A couple of small points,

1. In the defence, shouldn't we refer to 'the agreement' as 'the purported agreement'? (eg in points 10 and 11) Yes Either or really Rob, you can call it the Purported Agreement

and

2. Ref point 25, "...and having failed to investigate a dispute as required by the OFT Debt collection Guidelines". What dispute are we referring to? Would that be HFCs failure to respond to my CCA request? (sent at the same time as my CPR request, and which they still haven't complied with, or even acknowledged). AH now then, this is where the problems arises with not being involved with the case from the start, i wasnt aware of what exactley you had done

Thanks
Rob

Edit: Typo

okay well edit 25 to this..................... ....


25. 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 1970. Furthermore, the Claimant's behaviour is entirely vexatious and wholly unreasonable.

thats my suggested amendment

Regards

paul

[robcag]

Thanks for being so patient with me Paul , but you probably realise that I'm just trying to pay attention to detail .

Rob

[pt2537]

Youre welcome Rob

its not like you are asking the same question over and over so no problems,

at the end of the day , i will be happy if you get the result with this case in court and that will be satisfaction for me with regards top the work ive put in

Good luck mate

regards
paul