On first pass; - The second agreement hasn't been signed on behalf of HFC Bank - The APR/repayment figures seem to be correct, or within the tolerance allowed - The statements have £330 and £440 in charges on them respectively - The Default/Termination notices clearly aren't signed true copies of the originals (they haven't even bothered to complete the financial details) The main question would be, is this 2nd agreement enforceable? My Defence to the first agreement still stands, along with incorrect/unlawful Default and Termination which will also apply to this 2nd agreement by the looks of it. I need to update my Defence to this Claim and prepare a counterclaim to that claim for the issues raised in my LBA, sent to them this week in post #56, above.

I've had a letter from HFC Bank; (not Restons) They have included; - 1 x copy of the agreement at post #7, here; http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/110146-car2403-hfc-bank-default.html#post1107155 - 1 x agreement for the second account; - 2 x statements; - 1 x Default Notice; - 1 x Termination Letter. All these, with personal details removed, are in the attached ZIP file. HFC Bank.zip

I've had a letter from HFC Bank; (not Restons) They have included; - 1 x copy of the agreement at post #7, here; http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/110146-car2403-hfc-bank-default.html#post1107155 - 1 x agreement for the second account; - 2 x statements; - 1 x Default Notice; - 1 x Termination Letter. All these, with personal details removed, are in the attached ZIP file. HFC Bank.zip

Any advice on the structure of the counterclaim?

I've escalated the Default entries to both Equifax and CallCredit, so lets see what happens as a result of that

Don't get me started on the Default removal - I may have a cow!; http://www.consumeractiongroup.co.uk/forum/data-protection-default-issues/110184-car2403-barclays-bank-default.html

Yeah, I'm calling the MCOL Helpdesk this morning so I'll let you know...

There's a post missing then, as the Litigation Manager called me back the next day to say they wouldn't raise a cheque but would pay the Bailiffs directly and I'd have to speak to them to get the funds. (Isn't that what I've paid £55 for?) I'll give the Bailiffs team a call as they haven't given any information to me, despite having several of my direct contact tel numbers.

I didn't refuse the cheque, they said they would only pay the bailiff once a warrant had been issued. The claim was against Churchill Place. I've checked and the warrant has been sent to "BOW" bailiffs - obviously Bow County Court - for enforcement. I suppose I could call the litigation team and "suggest" they can pay me and I'll inform the Court they've paid, otherwise my chances getting paid soon seem small. Rediculous, given I've gotten this far to have it stall now!

I'll call the Helpdesk in the morning to confirm - don't want to miss the opportunity and it will be interesting to find out for future reference anyway

Oh, I thought I had to counterclaim as part of the Defence? See... learning all the time... So, just to clarify - file the Defence on Friday, (Monday being the final deadline - but I'm away this weekend) then counterclaim depending on what their response is. Right?

Defences are in; http://www.consumeractiongroup.co.uk/forum/general/113391-oft-banks-documentation.html

Any suggestions over how to word the counterclaim? Or additions/amendments to the Defence, above? As mentioned, I'm on a tight deadline as I want to submit Defence and counterclaim on Friday... so, no pressure

Final update on this thread; http://www.consumeractiongroup.co.uk/forum/other-institutions/98728-car2403-line-finance-ltd-2.html#post1184782

I now have a copy of MY drafted Consent Order, signed by both parties, and will be submitting this (by fax, to make sure its on the 17th, as Ordered) to the Court tomorrow to withdraw the charges claim. This has been a long drawn out affair, with lots of twists and turns - all over 2 threads which are now combined - but at last I can say I'm happy with the outcome. I've managed to remove a £15k default balance from my credit file by pursuing, pursuing and pursuing... all worth it in the end! (Even if I couldn't claim the charges back, but that was the trigger to removing the default anyway!)

This thread

Have you kept a transmission report with date/time stamp? If not, send it again tomorrow and select one from the report menu on your fax - receipt is nothing without proof of receipt!

Only 108 posts (well, 107 now!) to go to 10,000 posts! World Record?

I've thought long and hard about this and, as they've issued against me on MCOL, the Court fee is £70 - (counterclaim for £1,000) I'm going to beg/steal/borrow to get this fee together this week and file my Defence and Counterclaim on Friday. I'm going away on Sunday/Monday, so need to file early, and don't want this looming over me when I come back. So, I'm sending your counterclaim LBA, tomterm, by fax and first class post today; I've filed a Claim/Defence before, but have never counterclaimed, so any help with this - wording/construction, etc - will be even more appreciated!

A counterclaim is a claim to counter this claim, so needs to be made along with the Defence form - this isn't a new claim, which is the way you've described it.

Send the CPR letter now, include what you get in reply in your Defence and counterclaim for the DPA enforcement.

Try using that argument the next time a Bank takes YOU to Court and see how far you get! The word "injustice" doesn't cover it. The Judge may have saved you some money though, as if he had heard the case and the Bank appealed you may have been liable for their costs... Little consolation, I know...

A CPR request will trump a Claim for Data Protection Act S.A.R - (Subject Access Request) enforcement - but doing both can't harm your case, really... A claim for SAR enforcement is pretty much a cut/paste job using the templates available on the forums. Thinking out loud here - is there anything stopping a counterclaim for DPA enforcement on the current claim? Less paperwork/hanging around involved if not...

You should send this (CPR request) before you file your Defence as it may have a bearing on how you defend. Curly's template gives 10 days, which fits with your timescales. If you give less, they may argue that they don't have time to collate a response. The template makes it clear that it's a CPR request, but putting this in bold at the top of the letter will draw some particular attention that might speed the process up.

Like this, presumably;