HFC Restons Hello and Help?

[happy shopper]

Firstly Hello to everyone, this is a fantastic site. Have tied myself up in knots rather reading through some of the threads on HFC/HSBC/Restons but the posts have given me some hope in my particular case.

 

I'm on a DMP and trying to sort out my credit debts by paying reduced payments have been on DMP through CCCS for a few months.

 

I have recently received a court claim form from HFC Restons (quoting slightly incorrect account number:idea:) plus collection charges of nearly a thousand pounds on top of balance owed.

 

I have completed the acknowledgement of service and am about to send template N of the letters on this site (thanks) to request my CCA think I should send to HFC? perhaps to HSBC card address or Restons...all 3?? Sorry if not making sense...

 

I need to read through previous threads, have started to do so but tend to get caught up and spend a few hours on here then panic thinking I really should have sent that letter by now.

 

So, to get to the point I wonder if anyone would be able to help me with next steps I should take...I have twenty odd days to file my defence I have indicated that I intend to defend part of the claim?? I think it unfair that HFC and Restons are trying to heap more misery on top of me as I try to claw myself out of this situation....

 

I will keep checking online over next few days and if you think I should also send any other letters to HFC or Restons in addition to the CCA request I'd be grateful if you could advise?

 

Thanks a million to anyone who has read this far, I'm going to start trying to work my scanner/use photo bucket etc. over the weekend but would like to get my letters sent in the meantime.

 

Look forward to hearing from you

Happy shopper (not so much of a shopper these days!)

[MARTIN3030]

Welcome to the site.

A couple of questions-what is the account ? What does the alleged debts relate to ?

What periods from and to.? Is the account closed ?

How much are they claiming you owe ?

 

The CCA should be sent to whoever is trying to collect the debt-it is their duty to provide you with the documents.

I will move your thread into the debt forums.Feel free to ask further but please provide more info.

[happy shopper]

Hi Martin

 

Thanks for you reply - I think that I should be sending the CCA request and payment of £1 to HFC Bank limited it's for a credit card with HSBC but they seem to be connected/parent company and it their name (HFC litigation) and address on top of claim form from the court.

 

The alleged debt relates to my credit card account now defaulted - reduced payments have been made through CCCS and initially a £1 token payment to all my creditors, no reduced payment missed on the outstanding credit debt.

 

I think the account is still open though but advised not to use card etc.

 

Sorry, have to dash off but will check back later and thanks again for replying.

[happy shopper]

Welcome to the site.

Thanks Martin, sorry I haven't replied sooner but my scanner has stopped working and I've been trying to scan the court claim form etc. for past couple of weeks, finally managed to scan the document at work (bit naughty of me) and am now trying to get it to work in photobucket.

 

A couple of questions-what is the account ? HSBC card

What does the alleged debts relate to ? The outstanding balance on the HSBC card and Collection charge they have added to the court claim of £965!!

What periods from and to.? form lists contract dated on or about 08/01/2005 summons lists interest to the date of this summons at 19.8% per annum from 17/07/08 to 14/08/08

 

Is the account closed ? I don't think so, I think it is suspended - The default notice from HSBC in June 08 lists outstanding debit balance of £5,808.84

 

How much are they claiming you owe ?

Default balance on Claim Form lists £5789.78 (they are getting small payment through CCCS every month so that is probably why it is reduced)

 

The CCA should be sent to whoever is trying to collect the debt-it is their duty to provide you with the documents.

I have sent CCA letter to the litigation department of HFC as per the address on the court claim as yet have had no response - letter was sent on 21st August recorded delivery so if I don't get anything this week the 14 days (working days?) will have well and truly passed.

I will move your thread into the debt forums.Feel free to ask further but please provide more info.

 

Thanks Martin I'm going to try and upload/copy the scanned claim form in the hope someone can assist me further.

 

It's getting to the point where I will need to submit the defence form and despite reading threads (in particular Goorooji) where you have provided some really good legal info. I must admit i'm pretty lost as to what I should do next.

 

Really appreciate any guidance you can give, apologies if the scanned document doesn't work I'm not the best with technology.

 

Please can you help? Happy to answer any further questions to help me get something together to submit to the court.

 

Attempt at scanning Claim form to follow, thanks a million

Edited September 8, 2008 by happy shopper

[happy shopper]

Can't get the attachment, upload to work

 

Have I given you enough information to go on?? Claimant is HFC Bank Limited Address for documents/payments is restons - I posted template N of the letters for CCA request to HFC Bank ltd. and as yet no reply.

 

I think I am able to submit the defence online? Please can anyone offer any advice as to what I should do next and how to word the defence etc?

 

Any help gratefully received.

 

thanks for your time

Happy

[OnMyWayOut]

I would go for a full CPR ( 18? ) request rather than just a CCA as there's no point in paying them for info they should now give you for free. Watch out for Restons though, as they will try and tell you that because you are using a template letter from an Internet site they don't have to respond. Keep copies of everything you receive/have received from them to build up your defence. They do monitor this site, so be careful about any specific information that you might post.

 

Under the CPR request you should be able to get copies of statements, default notice, correspondence, letter before action (they did send you one?), etc. This will give you the information that you need to build your defence.

 

Be aware that they will try and get a charging order on your house if you own it.

[Bug]

Right, HS, my guess is that you have received the county court claim (via Northampton Bulk Issue Centre).

 

1. Have you acknowledged the claim (sent it to the court)? You have 14 days from the date of service to do this. My advice here would be to always adhere to the dates set out by the court, that way if Restons try to deal out the rubbish (and they will, believe me) they will be prevented from doing so by the court - make sure you keep your nose clean in other words.

 

2. What are you doing about the claim? You mention that the account number is wrong. I'm not sure that will give you any real grounds to defend but you need someone with a bit more experience to help you on that one - PM one of the helpful guys who assisted me - they're on my thread. You're welcome to use any of the defences/letters on my thread as templates for your own, after all they were generated by the good folks on this site.

 

3. I would certainly dispute that trumped-up collection charge - it's unreasonable.

 

4. You want copies of statements, etc, in particular the Agreement - that needs to be checked through carefully to see if they are actually entitled to persue the matter through the court.

 

5. You can file your defence online in many cases though I think it can depend on the amount of the claim.

 

6. Keep copies of everything from here on in. Don't speak to Restons on the phone. If they keep phoning you, keep records of times/dates, etc.

 

All of the defence-related stuff on my thread is concentrated in the early pages. You'll find some answers there hopefully.

 

PM one of the mods to see if you can get some help from someone with more experience.

 

I'm subbing, so I'll keep an eye on your thread. Good luck

[happy shopper]

Right, HS, my guess is that you have received the county court claim (via Northampton Bulk Issue Centre). Yes, not my local court.

 

1. Have you acknowledged the claim (sent it to the court)?

 

Thanks Bug for replying, yes I have completed the AOS online so by my reckoning I now have to get a defence together by this Friday or Saturday 15th/16th August.

2. What are you doing about the claim? You mention that the account number is wrong. I'm not sure that will give you any real grounds to defend but you need someone with a bit more experience to help you on that one - PM one of the helpful guys who assisted me - they're on my thread. You're welcome to use any of the defences/letters on my thread as templates for your own, after all they were generated by the good folks on this site.

 

Thanks again, will certainly PM the guys who helped with your letters/defence, they are complete stars!

 

I don't think the incorrect a/c number will give me much real grounds for defence but as yet I have had no signed CCA infact no CCA at all, just need to locate the CPR template?? Do you have a link please Bug? apologies if it is on your thread, am still reading through and my printer has died along with scanner so it's a bit hard to post things on here or print anything

 

3. I would certainly dispute that trumped-up collection charge - it's unreasonable.

 

Thanks Bug, will do that.

 

4. You want copies of statements, etc, in particular the Agreement - that needs to be checked through carefully to see if they are actually entitled to persue the matter through the court.

 

If I'm correct I'm still waiting for the Agreement from them via my CCA request - 14 days has passed, they signed for letter over 2 weeks ago now. So I just need to know what to put in for (I think it's called) the holding defence? Perhaps one of the wonderful people on here could advise?

 

5. You can file your defence online in many cases though I think it can depend on the amount of the claim.

 

Thanks, hoping to complete online with a bit of help....well a lot of help really not had to deal with anything like this before

 

6. Keep copies of everything from here on in. Don't speak to Restons on the phone. If they keep phoning you, keep records of times/dates, etc.

 

I think I have been fairly lucky on the phone call front, 2 other creditors keep leaving messages but so far just letters from Restons....oh, and the court form of course...

 

All of the defence-related stuff on my thread is concentrated in the early pages. You'll find some answers there hopefully.

 

Thanks again, going back to re-read and PM the Mods now.

 

PM one of the mods to see if you can get some help from someone with more experience.

 

I'm subbing, so I'll keep an eye on your thread. Good luck

 

Bless you Bug, thanks again for replying....sorry for delay but having computer problems at the mo!

[happy shopper]

I would go for a full CPR ( 18? ) request rather than just a CCA as there's no point in paying them for info they should now give you for free. quote]

 

Hi OMWO,

 

Can't seem to find the link to CPR request? Please could you post one? Do I need to send 10 pounds with this?

 

Time is up on the CCA request though they could still produce one I guess...

 

Grateful of any advice with this, thanks for your time

 

House is not only in my name so I hope they won't be able to get Charging Order. :?

[OnMyWayOut]

Just looking for a good one now. I'll post a link when I find it. There's no fee and they have to produce it as it is part of the disclosure of information required under court procedures.

 

You can still have a CO on a jointly owned property, although they have to inform all interested parties first.

[OnMyWayOut]

Here is the CPR 18 request - courtesy AndyOrch

 

In the XXXX County Court

Claimant -v- (YOUR NAME)

Claim Number: (CLAIM NUMBER)

 

 

Dear XXX

 

REQUEST FOR INFORMATION CPR 18

 

I have received a recent court claim from your organisation. In order to file a defence and counter claim I require some information. 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 within fourteen days of the receipt of this letter. 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. 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.

 

 

1.1 If copies of any of the above documents are to be relied on in court rather than originals, a copy of the Notice of proposal to adduce hearsay evidence required under s2(1) of the Civil Evidence Act 1995 together with proof of the authenticity of the document(s) as required under s8(1)(b) of the Act, including but not limited to:

 

(a) a copy of the procedure(s) used for copying, storing and retrieving documents

(b) a copy of the relevant log entry showing the time and date of the scan or copy, the name of the member of staff making the copy, the method used for copying, storage and retrieval and time and date of destruction of the original document(s)

© copies of internal and external audit reports covering the entire period from the date of the copy to the present to demonstrate that the procedures have been complied with

(d) copies of Quality Assurance accreditation certificates covering the entire period from the date of the copy to the present to demonstrate that the procedure(s) and audit process(es) comply with the appropriate quality standards

 

2. All records you hold on me relevant to this case, including but not limited to:

 

a. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor

b. 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 *********.(AMEND TO THE COMPANY NAME)

c. .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).

d. 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.

e. 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.

f. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

g. 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.

h. Copies of statements for the entire duration of the credit agreement.

 

 

3. Any other documents you seek to rely on in court.

 

 

I will require this information within the next fourteen 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.

 

Yours sincerely,

 

XXXX (type, don't sign).

 

Send Special Delivery and keep proof of postage

[happy shopper]

Just looking for a good one now. I'll post a link when I find it. There's no fee and they have to produce it as it is part of the disclosure of information required under court procedures.

You can still have a CO on a jointly owned property, although they have to inform all interested parties first.

 

 

thanks for the info. and thanks for the CPR letter ...good to know there's no fee...in my current situation that's a good thing

[happy shopper]

Will send the CPR tomorrow special delivery, thanks again OMWO.

 

If any of the friendly experts are reading would appreciate a useful holding defence if you get the time to post a link? Just want to make sure I send the right thing.

 

Not sure if I now have to submit boht forms N9 admission and defence....have ticked that I intend to defend only part of the claim on my AOS so not sure if I can only complete the defence form?

 

Again really sorry I can't post scanned images of original claim form etc. my scanner is broken but am happy to PM or type into word if it will assist anyone who can please help.

 

Thanks everyone, what a fantastic job you are doing!

[happy shopper]

Here is the CPR 18 request - courtesy AndyOrch

 

In the XXXX County Court

Claimant -v- (YOUR NAME)

Claim Number: (CLAIM NUMBER)

 

 

Dear XXX

 

REQUEST FOR INFORMATION CPR 18

 

b. 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 *********.(AMEND TO THE COMPANY NAME)

 

Just wondered should I be putting HSBC here?? Or HFC Bank as they are the claimant? Card is HSBC but court claim is HFC....

 

Also, should I be sending the CPR to HFC (Claimant) or Restons (listed as Address for sending documents and payments)?? Sorry still a bit confused, want to make sure it's sent to right person.

 

Thanks again

[creditcardmug]

Just wondered should I be putting HSBC here?? Or HFC Bank as they are the claimant? Card is HSBC but court claim is HFC....

 

Also, should I be sending the CPR to HFC (Claimant) or Restons (listed as Address for sending documents and payments)?? Sorry still a bit confused, want to make sure it's sent to right person.

 

Thanks again

 

Yes put hsbc if that was the original creditor, also i suggest you tick defend all of the claim in the AOS, you have 5+14 days from the date on the court claim to acknowledge.

Can you type up the words in their Particulars of Claim, without any personal details.

[happy shopper]

Yes put hsbc if that was the original creditor, also i suggest you tick defend all of the claim in the AOS, you have 5+14 days from the date on the court claim to acknowledge.

Can you type up the words in their Particulars of Claim, without any personal details.

 

 

Dear CCM, thanks for confirming...just about to dash off for the day back later..I think the POC are in my second post on 7th Sept, I've listed amounts etc.

 

Will re-type all tonight so you can check for me if i've missed anything?

 

Is it safe to quote actual amounts? OMWO mentioned being careful as they scan (Restons, HFC etc) scan these sites? I don't think my account has been reassigned to Restons at least I haven't been informed but they are the ones now sending me letters and are listed as the claimant's solicitor?

 

Will put HSBC on letter thanks for that. Have put court claim number etc. on CPR but not sure if I need to include my account number (credit card) the one on claim is slightly incorrect btw. Don't think that will make much difference though.

 

Is it ok just to refer to the Court claim number etc. without referring back to my credit card number? Will they still have to respond or have I not given enough info.

 

Printer and scanner not working at the moment so will have to get access to a printer to so I can send my letter.

 

If anyone can confirm if I should include my credit card number on CPR I'd appreciate it, just want to get it all right.

 

I already submitted the AOS i'm afraid and ticked defend part of claim so not sure now if I have to submit both the admission and defence form? Again advice appreciated.

 

thanks again, sorry to dash off

[creditcardmug]

Hi you dont need to put amounts when you post up POC, you dont need to put any account details on the CPR letter, they will know to what you are referring.

Regards

[happy shopper]

Hi you dont need to put amounts when you post up POC, you dont need to put any account details on the CPR letter, they will know to what you are referring.

Regards

 

Ok here goes, particulars of claim

 

The Claimant claims payment of the overdue balance due from the Defendant under a contract dated on or about 08/01/2005 in the sum of ££££ (there is an amount on the POC) inclusive of interest to the date of this summons at 19.8% per annum from 17/07/08 to 14/08/08.

 

PARTICULARS a/c no:- xxxxxxxxxxxxx (btw they have this slightly wrong)

 

DATE ITEM VALUE

17/07/2008 Default Balance ££££

14/08/2008 Collection Charge £££ (nearly a thousand pounds!)

28/07/2008 Post Refrl Cr -££

 

28/07/2008 ££ (matches post refrl)

 

14/08/2008 Interest ££

 

Total:- Lots!!

 

Together with:-

interest pursuant to contract at the rate of 365.40 pence per day to the date of Judgment or sooner payment.

 

signed by the lovely Restons...

 

Is that what you needed CCM? Any more advice?

 

Am posting CPR tomorrow special delivery and will then need holding defence asap please by Fri/Saturday if anyone can help.

 

Have had a special delivery letter which may or may not be the CCA request - doubt it but you never know.

 

Just really confused now as to whether or not I need to complete both admission and defence forms N9A and B?

 

I think I have to do both as I ticked defending part of claim on AOS submitted online.

 

Could anyone point me in right direction for defence and which forms I complete please?

 

thanks a million, appreciate your help, this is all new to me but am expecting a few more to follow the HFC court path unfortunately.

 

Trying to dig myself out of the mess i'm in but they are throwing a few obstacles in the way, with your help I can hopefully get back on track.

 

Thanks very much for all the advice so far

[creditcardmug]

Hmmm very strange POC, theres no mention of if being regulated under the CCA, no mention of a Default Notice having been served?

 

Im still thinking about this, it is definately a credit card?.

 

Pity you didnt defend all of the claim, i dont know how you can change that now.

[happy shopper]

Hmmm very strange POC, theres no mention of if being regulated under the CCA, no mention of a Default Notice having been served?

 

Im still thinking about this, it is definately a credit card?.

 

Pity you didnt defend all of the claim, i dont know how you can change that now.

 

 

Thanks CCM, yes definitely a credit card and that's all that is on it.

 

Do you think you could help draft a defence/holding defence...unless I get the signed CCA tomorrow of course their 14 days is overdue.

 

CPR going special delivery tomorrow, have no printer/scanner at the mo so having to print at work etc. But thanks for confirming no a/c number needed on CPR letter so I can send this first thing.

 

Have been reading Bug's thread with interest has a lot of similarities to my situation with exception that I haven't been on DMP for very long, they seem to be in a rush to fleece me!

 

Restons also wrote previously asking if I wanted to arrange a voluntary charge over my property! I wrote back politely confirming I am in a difficult situation hence the DMP and politely refusing to take them up on their offer - probably used a letter from this site or might have been from the Payplan templates?

 

If you're able to assist with a defence that would be much appreciated.

 

Sorry about the defending Part of claim only on the Ack of Service..doh!

 

not sure how to complete the N9A and B really...

 

This site has been a God Send as have all the helpful people who have replied to my plight so far...thank you!

 

Will keep checking back and will be back online after work tomorrow so hopefully I will have a way forward.

 

Thanks for your time on this

[creditcardmug]

Just tring to work out when you need to file the defence by, dont want to keep going back through the thread, and which court is it northhampton?

 

What date is on the claim form?

[robcag]

Hi HS

 

I think you said you had received a default notice, so a scanner will definitely be useful here (the one at work if neccessary!).

 

Could you scan the DN and post it up here (remove personal details) as HFC/HSBC are well known for defective DNs, which if that is the case with yours, could lead to their claim failing. (I speak from experience as pt2537 noticed mine was invalid, and HFCs claim against me subsequently failed).

 

Good luck

Rob

[PSB123]

I had the pleasure of Restons chasing me for a debt last year. They are a nasty bunch. They harassed me at work. When I hung up on them they would come through on my bosses phone line. They put a charging order on my house which they failed to remove two months after I had settled the debt in full. They also ordered my employer (how embarrassing) via the court service to deduct an unaffordable amount from my wages as I was one day late making a payment. Even when they owed me money in the end due to an overpayment they still spoke to me like I was a criminal and all I wanted was my money back and the charge removed. All this crap before I found this website. They wouldn't get away with it now.

Edited September 10, 2008 by PSB123

[happy shopper]

Just tring to work out when you need to file the defence by, dont want to keep going back through the thread, and which court is it northhampton?

 

What date is on the claim form?

 

Hi CCM

 

really sorry for delay in replying, am having a nightmare with my computer, printer etc. you name it!

 

Court is Northampton bulk processing one, date on form is 15 Aug 08 but would like to get defence in (even a holding one think that's what it's called?) in plenty of time.

 

Managed to scan the docs but can't get them to upload or save sorry so will try again tomorrow.

[happy shopper]

I had the pleasure of Restons chasing me for a debt last year. They are a nasty bunch. They harassed me at work. When I hung up on them they would come through on my bosses phone line. They put a charging order on my house which they failed to remove two months after I had settled the debt in full. They also ordered my employer (how embarrassing) via the court service to deduct an unaffordable amount from my wages as I was one day late making a payment. Even when they owed me money in the end due to an overpayment they still spoke to me like I was a criminal and all I wanted was my money back and the charge removed. All this crap before I found this website. They wouldn't get away with it now.

 

I agree this site is amazing, just wish I could spend more time on it there is so much helpful info.

 

Restons sound like a complete nightmare! I hope you've got it all sorted now. Can't believe they could phone your employer not to mention get money taken direct from your employer

 

I am going to try my level best - as long as the computer/printer/scanner plays ball to challenge Restons/HFC as it's really not nice (putting it mildly) to be sent a court claim and have the worry of having to defend myself, but the nice people on this site have already helped me to feel better about this, more in control, good to know there are a lot of us in the same boat.

 

cheer HS