Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

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  1. #1
    Basic Account Holder happyalf Novitiate

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    Default Re: HFC BANK and Restons Solicitors forced me into a CCJ now i can't get a mortgage,

    Hello i had the same sort of problem with the exact 2 same companies extra charges from Restons a CCJ &to top it offan Attachment Of Earnings.
    I told them that iwas forming a plan with the CCCS they didn''nt care.
    So i know how you feel i will be trying myself to find out what can be done if i get any details i will certainly let you know.
    Regards Alan

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    Default Re: HFC BANK and Restons Solicitors forced me into a CCJ now i can't get a mortgage,

    ..


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    Default Re: HFC BANK and Restons Solicitors forced me into a CCJ now i can't get a mortgage,

    Hi Everyone
    I am in EXACTLY the same boat with the mighty tag team that is HFC/Restons.
    I was in a dmpicon with Payplan for the last 18mths or so but as I lost my job at Xmas, I missed one payment (Payplan knew about it all and advised creditors) and so whilst my other creditors were supportive as it was only one payment, Restons slapped a CCJ on there!!

    To add insult to injury, a guy from HFC then rang and advised me that to stop "anything bad happening" on my account, I needed to pay them 27. Like you, I gave them my card number so I amk definitely going to keep an eye on them.

    I have since offered a FF settlement of 40k on 75k debt (3 creditors), needless to say Restons are the only ones opposing it and they are my second largest creditor. They want a charging order and so are ignoring everything else...

    I'm going to CCA them just to cause as much hassle as they do. I doubt they'll have their stuff in order


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    Default Re: HFC BANK and Restons Solicitors forced me into a CCJ now i can't get a mortgage,

    Quote Originally Posted by moneyworries View Post
    Restons slapped a CCJ on there!!

    .....They want a charging order and so are ignoring everything else...

    I'm going to CCA them just to cause as much hassle as they do. I doubt they'll have their stuff in order
    Was the CCJ issued for you to pay instalments? If it was and you keep up with these then they can't take futher enforcement action against you ( e.g. applying for a Charging Order ) unless you have defaulted on the CCJ ( sometimes they may have been given leave to by DJ & hybrid orders can come into play but this is a tricky area ).

    Or did you get a 'forthwith' judgement saying the whole amount was payable?


  5. #5
    Basic Account Holder moneyworries Novitiate

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    Wink Re: HFC BANK and Restons Solicitors forced me into a CCJ now i can't get a mortgage,

    Blimey - they're buggers aren't they?

    In answer to responses from you all - my CCJ was just installments. Luckily the judge said that the amount of money I was paying was fine so they didn't get any more money each month than they had before. Re the CO situation, I know they aren't meant to get CO's placed if the CCJ has been kept to but they don't seem to mind trying this lot - Payplan said they have had several cases where HFC have been successful in getting CO's where there has been no breach. They seem to do this to people like me who they dislike because I write letters about them to HFC. I do this because my equity is only 30k and my debt to HFC 28k - I am hoping on on an overall debt of 77k where Lloydsicon are actually my majority creditor that a judge would decree a CO unfair to others and so I will persist with my letters to them.

    I too worry about their underhanded conduct, primarily because of this one event. Luckily, the people at HFC are angry about this and so I have made an official complaint about them:

    Following my CCJ, my I&E changed as mortgageicon and council tax increased. Also, my old job came with a fully expensed car whereas now I am paying for my own fuel. In order to avoid having to reduce my payments, my partner and I decided to remortgage for an extra 40k to offer as settlement of the debts (none of these debts are his by the way). This meant HFC would get about 16k back on their 28k debt (about 3k of which is charges but that's another issue).

    Restons did indeed offer this to HFC who said it was too low. Restons came back and told me to just carry on making payments as normal. Then however HFC called me direct asking why I didn't want to accept their counteroffer which was a settlement of 21k. I of course had no idea about this as Restons hadn't told me. I told HFC that I was under the impression that Restons had a separate agenda here (CO's) and that I felt this to be unethical and unlawful for them to withold information of this nature. HFC have asked me to make an official complaint which I am currently gathering information for.

    I also plan to contest charges under CCA just to further muddy the water - any further action Restons plan will surely have to be put on hold if the debt is in any way in dispute. The CCJ came about before all the charge refunds started getting going so the county courticon advisor said I could apply for a "variation order" on the debt. There'll be a hearing etc but I doubt Restons/HFC have their side well enough in order to cope...

    ...best of luck. I'll keep you informed as to my progress


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    Default Re: HFC BANK and Restons Solicitors forced me into a CCJ now i can't get a mortgage,

    I can really sympathise with you guys. My husband had a Flexible Loan Account and when we got into money troubles back in 2000, we went to Baines & Ernst debt managementicon. Every other creditor agreed to the payments offered by Baines & Ernst on our behalf, except for HFC. They took our payments of 32 per month for two years, whilst slapping a 15 adminicon fee every single month until finally they agreed to shut down that account and take out a new loan with a payment of 32. Even then, they took more in adminicon charges then they should have and then didn't administer our transactions properly. They've got until Tuesday and then I'm filing Hopeless

    HFC Bank - First letter claiming 196/LBA sent/75 offered/rejected/Claim filed
    HFC Bank Take 2 - Statements received
    A & L - Prelim sent/LBA sent
    Barclays (for my Dad) - Awaiting statements/LBA for S.A.R. sent/Statements received/Prelim sent/LBA sent
    A & L (for my Son) - Awaiting statements/Statements arrived Prelim letter sent/280 offered and rejected
    Abbey (for my Sister) - ***Won***
    Barclays PPI claim
    Studio - ***Won***
    HSBC - (for my brother-in-law) ***Won*** 8-)
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    Default Re: HFC BANK and Restons Solicitors forced me into a CCJ now i can't get a mortgage,

    Perhaps we should all travel to Restons head office in Warrington with placards and march up and down in silence outside to raise awareness of their underhanded tactics with the local community and also inform the local myor and press. We could also do the same at HFC Head Office. Anyone interested?


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    Default Re: HFC BANK and Restons Solicitors forced me into a CCJ now i can't get a mortgage,

    Hello,

    Subscribing

    I am also up against they bullies HFC/Restons GGGggrrrrrrrrrrrrrrrr

    If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW
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    Default Re: HFC BANK and Restons Solicitors forced me into a CCJ now i can't get a mortgage,

    I'm another that's being taken to the cleaners by HFC Restons. They've already got one CO on me and are tryuing for another on a second loan that I was talked into taking out to sort out the first debt.
    Requested CCA from Restons and they've produced, did a SARicon on both accounts at HFC and have got stuff from 1st account, but nothing on the second as yet, about 25 days gone. The 1st bunch of stuff is a right mess about 7 pages of codes to decipher their sheets and still hard to make any sense from it. Also said that they didn't keep records of automatically generated letters??? and I seem to have taken out unemployment protection on the account, which surely must have been actioned when I lost my job(I did tell them)? Any ideas how to check this out?


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    Default Re: HFC BANK and Restons Solicitors forced me into a CCJ now i can't get a mortgage,

    Check all transactions very carefully, because my experience is that they can't add up and they took too much money from me. What sort of codes do you have on your lists?

    HFC Bank - First letter claiming 196/LBA sent/75 offered/rejected/Claim filed
    HFC Bank Take 2 - Statements received
    A & L - Prelim sent/LBA sent
    Barclays (for my Dad) - Awaiting statements/LBA for S.A.R. sent/Statements received/Prelim sent/LBA sent
    A & L (for my Son) - Awaiting statements/Statements arrived Prelim letter sent/280 offered and rejected
    Abbey (for my Sister) - ***Won***
    Barclays PPI claim
    Studio - ***Won***
    HSBC - (for my brother-in-law) ***Won*** 8-)
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  11. #11
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    Default Re: HFC BANK and Restons Solicitors forced me into a CCJ now i can't get a mortgage,

    Hi Guys

    These guys are TOTAL ****.
    I for the first time in my life got into difficulties (sickness / jobs being off shored etc etc) with a Marbles Credit card -- debt around 9,000 GBP.

    These Restons ******S issued a CCJ and a Charging order within about 6 weeks. Can they really repossess your house for a 9,000 GBP debt when there isn't any CCA on the credit card saying your house is liable if you can't keep the payments up.

    I'm a 63 year old pensioner who will eventually sort this out --but I can't beleve thes ******S issuing CCJ's like confetti and trying to go to court within 6 weeks -- even people having mortgageicon difficulties get a few months to attempt to sort out payments.

    Anyway if you have to deal with Restons put on the top of your envelope in HUGE BOLD TYPE

    " Hey Hey --we're Restons OK --So how many Pensioners can we screw up today"

    and also send a complaint to EVERY person in the firm who'se listed in the typical list of names a Solicitors letter usually has (partners etc etc).

    Also ask for a VAT invoice and breakdown of the charges -- how can the ******S charge over 1200 GBP for 10 minutes of work etc and also write a note to EVERY member of the firm something like this

    " It's great to see the legal profession spending so much time and energy in trying to eveict a 63 year old pensioner who for the first time in a long working life has got into difficulties with a credit card due to circumstances totally unforseen by Off shoring jobs etc etc.

    I'm sure you guys went to law school just to study how to evict pensioners from their homes without even allowing them to sell the property on the open market or screw them up so they are forced to sell at around 30 - 50 % less than they could get privately.

    What total pitiful examples of a human beings you must be even by the dubious standards of your profession which still allows criminals to walk the streets but hassles pensioners with CCJ's issued like confetti.

    I'm surprised that you not only can sleep in your beds at night -- but that you actually reach them in one piece -- you should look at the hollywood movie Falling Down which just shows what happens when total ******s like you push normal people beyond what is normally acceptable.

    I will of course will be making an official complaint about your totally excessive charges and the next time you send any threatening letters I ll pass this over to my own "fixers" with a view to making a suit against you on the gounds of causing me total and unnatural stress.

    I am quite prepared to deal with the default credit card amount -- BUT NOT UNDER ANY CIRCUMSTANCES WITH YOU GUYS EVER AGAIN.

    As I believe HFC bank is a totally 100% owned subsidiary of HSBCicon bank -- I'm quite happy for a re-concilliation officer from that organisation to deal with this matterwhich can be resolved I'm sure quite amicably --SO LONG AS YOU ARE OUT OF THE LOOP.

    Any further communication from you ******S will be totally ignored.

    If the matter does go to court again the court is not likely to enforce your stupid order if other assets are available to clear the debt. "

    Cheers
    Jimbo


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    Default Re: HFC BANK and Restons Solicitors forced me into a CCJ now i can't get a mortgage,

    Hi
    we had the same problem. we had to remortgage our house to get them off our back. its a long story and i will bore you with it. to cut a long story short . 4000 cost us in the end nearly 15000 .it makes me sick every time i think about it.
    Well i am fighting back. wrote endless complaint letters to them. did this in dec 07 informed them i was mis-soldicon by their company and i want a full settlement figure on how they reached that figure(never got one-) and i also want compensation for the high intrest i now get charged because of them. and also for harasment i got from them.
    We kept getting fobbed off by them so our complaint is now in the hands of the Fincial omsdbusman. so fingers crossed we might get some joy.


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    Default Re: HFC BANK and Restons Solicitors forced me into a CCJ now i can't get a mortgage, plea

    any update ?


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    Default Re: HFC BANK and Restons Solicitors forced me into a CCJ now i can't get a mortgage, plea

    In the same boat Restons have NO SIGNED CCA but started court action against me......total ****... I just hope the judge with ruke in my favour.........

    Abbey Settled 3,600

    Just started battle with
    EGG
    Virgin CC
    Abbey
    MBNA


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    Default Re: HFC BANK and Restons Solicitors forced me into a CCJ now i can't get a mortgage, plea

    CCJ issued via MBNAicon/ Restons and on a 7984 debt they want to apply 174 a day interesticon until it is settled. So taking it to court, but I would rather sell house for mortgageicon price and they rest can whistle in the wind.


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    Default Re: HFC BANK and Restons Solicitors forced me into a CCJ now i can't get a mortgage, plea

    Take it from me that Restons read these boards, so be careful what you type!

    food for thought!

    good luck with your cases.

    Abbey Settled 3,600

    Just started battle with
    EGG
    Virgin CC
    Abbey
    MBNA


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  17. #17
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    Default Re: HFC BANK and Restons Solicitors forced me into a CCJ now i can't get a mortgage, plea

    Hi all -- eventually via several courts got an order for 125 GBP per month -- I still said this was too much and couldn't pay as I had NO money (self employed and out of contract).

    These a**holes then tried to threaten me with an official "Bailiff's" note --I returned this to the litiigation lawyers saying "I think some sexual moves with Ducks might be in order".

    Got a few weeks ago another letter with the standard Court Bailiff spiel "A van has been booked to turn up at your address" Please pay before xxxx date.

    I just said -- Come on and try it --Nothing in the property is mine and any spare cash I have is locked into ICESAVE which I won't get back for a while.

    Nothing heard back yet.

    It's DISGUSTING that banks can get billions from TAXPAYERS but if you lose your job you can get royally screwed up by these "Glorified Loan sharks".

    Remember also it was New Labour (not the Tories) who actually increased the power of the Bailiffs.

    Cheers

    -J


  18. #18
    Basic Account Holder happyalf Novitiate

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    Default Re: HFC BANK and Restons Solicitors forced me into a CCJ now i can't get a mortgage, plea

    UPDATE I am Finally FREE from Restons and Hfc for good,The Attachment has ENDED i no longer have to worry.
    My hours at work have dropped and there have even been Redundancies but i now feel as if i have had a PayRise of 139.52 a Month.

    How i have long for this Day i never again want Loans or Finance i have Learnt how People are Treated.
    When will there be Help for Genuine struggling People, Thats all that is needed HELP not Hassle and Pressure.

    My new outlook is Save for what i want pay Cash No more Banks or Loan Companies.
    I dont hate the People who took me to court,They were only doing their Job i would say get a Job which Improves Life.
    Goodbye Restons


  19. #19
    Basic Account Holder re2009 Novitiate

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    Angry Re: HFC BANK and Restons Solicitors forced me into a CCJ now i can't get a mortgage, plea

    hi there well i just want to say it sounds like these guys have been very busy indeed riping people off as i have got the same problem also when i took out credit with hfc i was in recipt of income support and i could afford repayments then my money stopped and i fell behind, they then sent my out standing debt to restons who have been nothing but hasstle ever since the woman i speak to is snotty and not understanding at all. i fell behind also with the payment plan i had set up as my house got broken into and all bank cards and purse was stolen i also have a two year old,and am exspecting my 2nd baby very soon the woman keeps ringing me at all times of day and night hasstlein me for money, i cant pay you if i have no bank cards or money can i i said she didnt care she also didnt care i had a baby to feed,i told her when she rang last that i had no money for her as my daughter comes first bills come second she didnt like that. hfc and restons are nothing but ******s to put it politely and i think everyone who has had trouble from them should take them to watch dog and shame them and there behaviour on telly see what they have to say then


  20. #20
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    Default Re: HFC BANK and Restons Solicitors forced me into a CCJ now i can't get a mortgage, plea



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