Marc Gander - The Consumer Survival Handbook


A 220 page introduction to all things consumer related by our own BankFodder.

Includes energy companies, mobile phone providers, retailers, banks, insurance companies,debt collection agencies, reclaim companies, secondhand car sellers, cowboy garages, cowboy builders and all the rest who put their own profits before you.

£6.99



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.

£19.99 + £1.50 (P&P)


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  1. #21
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    Default Re: Restons/Cabot claimform - old HFC debt step-daughter

    re. CPR 31.14 Request - no documents are mentioned in the claim so skip this step ? Sending CCA Requesticon later today when postal order has been obtained.

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  2. #22
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    Default Re: Restons/Cabot claimform - old HFC debt step-daughter

    Assignment and default are mentioned within the particulars...but as the debt is statue barred its your choice if you wish to utilise the CPR 31.14.

    Section 77 request for loans.

    statute barredicon defence....(must be submitted by Friday 28th Sept 4.00pm)

    1 The Claimant's claim was issued on (insert date).

    2 The Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the Limitation Act 1980. If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.

    3 The Claimant's claim to be entitled to payment of (insert amount claimed) or any other sum, or relief of any kind is denied.

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  3. #23
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    Default Re: Restons/Cabot claimform - old HFC debt step-daughter

    In a previous letter, Reston's claim the last payment was made on 30 January 2017 yet the loan termination date was 31 January 2008. Do we need to request details of that alleged payment? Step-daughter is positive she didn't pay anything after her dealings with CCCS were dropped in 2009.
    Do we need to mention and refute that in the response to court as Reston's are using that as their reason to claim against this being statute barredicon ?

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  4. #24
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    Default Re: Restons/Cabot claimform - old HFC debt step-daughter

    Well you need to be positive before submitting a statute barredicon defence......you cant amend it after.

    We could do with some help from you

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  5. #25
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    Default Re: Restons/Cabot claimform - old HFC debt step-daughter

    Quote Originally Posted by Andyorch View Post
    Well you need to be positive before submitting a statute barredicon defence......you cant amend it after.
    That's why I was asking. She didn't make any such payment and I don't want to miss an important point in making the defence.

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  6. #26
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    Default Re: Restons/Cabot claimform - old HFC debt step-daughter

    go ring HFC and ask

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  7. #27
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    Default Re: Restons/Cabot claimform - old HFC debt step-daughter

    Quote Originally Posted by dx100uk View Post
    go ring HFC and ask
    Now part of HSBC. She's spoken to them, They confirm a payment was made in January 2017 - now they've explained it was a different name she was paying to... Beneficial Bank. She didn't realise this was all part of the same thing. It was defaulted in 2008. From what she remembers she agreed to make small payments, but for some reason they were stopped after Jan 2017.

    Erm, guess that's the blu tak giving way...

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  8. #28
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    Default Re: Restons/Cabot claimform - old HFC debt step-daughter

    well as said before
    they'll have a VERY hard job in producing any enforceable paperwork for an HFC debt of that age
    99% were all shredded when the PPIicon scandal broke

    what type of credit was it loan or card?

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  9. #29
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    Default Re: Restons/Cabot claimform - old HFC debt step-daughter

    Will need further help in constructing something as a defence then as she's found out she was paying up to Jan 2017 so the SB part is null really.

    It was a loan with Beneficial bank.

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  10. #30
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    Default Re: Restons/Cabot claimform - old HFC debt step-daughter

    well that all depends if they cough with any paperwork hilly.
    but the bones are the same

    literally 1000's of thread here already to be reading up on.

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  11. #31
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    Default Re: Restons/Cabot claimform - old HFC debt step-daughter

    No sign of CCA from Restons, can't really submit a defence if we don't have confirmation a debt exists.
    A bit like someone walking up to you in the street and demanding money really.
    Unless they can prove you should pay them...

    But, final day for submitting defence to Northampton and really stuck on what to say.
    Obviously she does not want to give them ammo by agreeing she owes this money, but have a feeling she does not have any choice.

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  12. #32
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    Default Re: Restons/Cabot claimform - old HFC debt step-daughter

    you send the std holding/no paperwork defence in 1000's of threads here already.

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  13. #33
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    Default Re: Restons/Cabot claimform - old HFC debt step-daughter

    Quote Originally Posted by dx100uk View Post
    you send the std holding/no paperwork defence in 1000's of threads here already.
    So she goes to court website and enters
    ack [{AOS BOX] the claim
    defend all
    leave jurisdiction unticked

    for today, then has time to post a copy of this to Restons:

    I'll repeat, this is my step-daughter's problem,
    I was only trying to help her and she's been waiting to see if the CCA came back before she did anything.

    I'm not a well person these days and can only spend so long reading before I get a blinding headache.

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  14. #34
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    Default Re: Restons/Cabot claimform - old HFC debt step-daughter

    ive removed your attachment
    please read its top red line regarding posting in the open forum.

    the defence is not due for weeks

    but as said in post 30

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  15. #35
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    Default

    Quote Originally Posted by dx100uk View Post
    ive removed your attachment
    please read its top red line regarding posting in the open forum.

    the defence is not due for weeks

    but as said in post 30
    Sorry, I'm just going blind with it all now and have yet to find a thread that goes through the "std holding/no paperwork defence" mentioned. I've read loads that discuss statute barredicon, some that were for credit cards, one that ended in a Tomlin order but nothing that makes sense now and it's all going into a blur.

    Step-daughter is no good with this sort of thing. She is all for just admitting the lot and trying to make a payment plan. At 20 a month it would take over 15 years, and I doubt that would be accepted.

    She tells me she was paying this, but thought it was a totally different matter. The name of the bank has changed several times and she didn't really know what this particular claim was about. She thought it was something else that she had not heard about for many years.

    What seems to have happened is that the standing order was cancelled when she went overdrawn, and she didn't take any notice of a letter from the bank at the time, then forgot.

    I need to take a break from this as my head is throbbing. I'm getting stressed and it's not even my problem...

    Rather than do nothing, I'll get her to do the online bit with the court, rather than leave it too late to submit that bit.


  16. #36
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    Default Re: Restons/Cabot claimform - old HFC debt step-daughter

    this is what you should have done as soon as the claimformicon landed

    pop up on the MCOL website detailed on the claimform.
    .
    register as an individual
    note the long gateway number given
    then log in
    .
    select respond to a claim and select the start AOS box.
    .
    then using the details required from the claimform
    .
    defend all
    leave jurisdiction unticked.
    click thru to the end
    confirm and exit MCOL.
    .
    get a CCA Requesticon running to the claimant
    leave the 1PO blank and uncrossed
    .
    get a CPR 31:14 request running to the solicitors
    .
    type your name ONLY

    no need to sign anything
    .
    you DO NOT await the return of paperwork.
    you MUST file a defence regardless by day 33 from the date on the claimform.


    ….

    you don't need to be doing or sending anything else to anyone until the 28th when the defence is due;

    which will be like this:

    POCicon
    .
    1.The claimant claims payment of the overdue balance due from the Defendant(s) under a contract between the Defendant(s) and [original creditor] dated on or about etc etc
    2. And assigned to the claimant on etc etc
    .
    .
    Defence
    .
    1. The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.
    .
    2. Paragraph 1 is noted. I have in the past had financial dealings with [original creditor]. I am unaware of what alleged debt the claimant refers to having failed to adequately particularise its claim.
    .
    3. Paragraph 2 is denied. I do not recall receiving any Notice of Assignment from either assignor or assignee pursuant to the Law of Property Act 1925.
    .
    4. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has declined to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to:
    .
    (a) show how the Defendant has entered into an agreement; and
    (b) show how the Defendant has reached the amount claimed for; and
    (c) show and evidence that a Default Notice was issued pursuant to sec87.1 CCA1974;
    (c) show how the Claimant has the legal right, either under statute or equity to issue a claim;
    .
    5. On receipt of this claim I requested by way of a CPR 31.14 request and a section 78 request for copies of any documents referred to within the Claimants particulars to establish what the claim is for. To date they have declined to comply to my section 78 request and remain in default and with regards to my CPR 31.14 request. Therefore the claimant in their none compliance to my requests have frustrated my attempts to clarify their claim and against pre action protocol should be considered when the question of costs arise.
    .
    6. As per Civil Procedureicon Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.
    .
    7. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer crediticon Act 1974.
    .
    8. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
    .

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  17. #37
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    Default Re: Restons/Cabot claimform - old HFC debt step-daughter

    Thank you.

    She has sent the CCA and the CRP request too. She had not logged on to MCOL but will do so today.

    I'll then get her to get the defence ready, does that go by letter or by email attachment ? I don't have the paperwork here, doing a lot of this when I see her.

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  18. #38
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    Default Re: Restons/Cabot claimform - old HFC debt step-daughter

    twill need adapting to ensure it meets the POCicon.

    you file the defence the same way you do AOS
    on the MCOL website as detailed above.
    but NOT until the 28th or a day or 2 before

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  19. #39
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    Default Re: Restons/Cabot claimform - old HFC debt step-daughter

    Quote Originally Posted by hillards View Post
    No sign of CCA from Restons, can't really submit a defence if we don't have confirmation a debt exists.
    A bit like someone walking up to you in the street and demanding money really.
    Unless they can prove you should pay them...

    But, final day for submitting defence to Northampton and really stuck on what to say.
    Obviously she does not want to give them ammo by agreeing she owes this money, but have a feeling she does not have any choice.
    The whole idea is to make them work for this - even if it appears you have no chance. They don't necessarily need to prove anything - it's for you to defend the claim by challenging their right to any monies. If you read the example defence that DX posted below, you'll see that it challenges the fundamental components necessary before the claimant has a legal right to be awarded anything. Forget about whether the the amount has been received as part of a loan or whatever, or that payments have been made - instead focus on whether the claimant is compliant with the laws/legislation under which they can seek judgement.

    If nothing else, defending costs them and will most likely create scope to negotiate favourable terms on paying it back over a period of time (likely to be a lesser amount than what they're claiming too). I've only skimmed over the thread, but I'd be inclined to pay heed to DX's suggestion that there is unlikely to be an original agreement or paperwork in existence. That's a bit of a stumbling block.

    Stick in there and concentrate on creating a suitable defence. There will be a lot of hoops that you can make the claimant jump through if they are to see this through - you probably just don't know it yet, but you will if you read up and keep posting here.



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