First page http://i3.photobucket.com/albums/y99/jodenice/HFC/HFCdefault1.jpg 2nd page http://i3.photobucket.com/albums/y99/jodenice/HFC/HFCdefault2.jpg

Bump. I really need to get some kind of defence in order. I put down that I would defend all of it, but judging by the attached CCA and default notice sent out I will only be able to defend charges? Can i change it now?

OK can you try and use this link and see if you can see the document, as I said it seems very small. I photocopied and blocked out personal details. http://i3.photobucket.com/albums/y99/jodenice/HFC/HFCagreement.jpg

thanks, i shall try this on tuesday (day off tomorrow and no scanner here). Got to get a defence in by december 6th which is a saturday so will have to try and get it done by the 5th - my birthday!

I'm not sure it could be read, the CCA is on an A4 page and tiny tiny writing. I will have to give it a go scanning it in at work on Monday - how do I block out the details?

OK today we got a letter from weightmans, along with our postal order and they enclosed: a photocopy of a loan agreement, signed by my boyfriend (I never saw the original but this is one page and has the consumer credit act 1974 at the top) a copy of the default notice from 1st July - which shows him having an outstanding balance of about 1500, a line which says 'less statutory rebate allowable' and then the total amount to be paid as about £1100. Also, today we received a notice regarding his personal loan (different company) - from a company that had initially agreed to the dmp. do I just forward this to CCCS?

yes thats right. Ah right, OK I have been told that it would be the small claims court but didn't realise about the costs. I should say - I'm not usually such a nervous rabbit but having gone bankrupt years ago this is actually quite frightening - I was bullied horrendously by companies such as these and i'm worried about them trying to get their hands on my house, even if via my boyfriend! I've sent it off saying I am going to defend it, sent the CCA via recorded delivery today too and I will stop moaning. Apologies and we are now back on track.

I confess I am veering off track. Temporarily. I can't help it. Its the sheer panic and realisation that I have as many legal skills and as much legal understanding as a piece of wilted broccoli. And that my boyfriend has even fewer! The claim is for £1790.

Arrgh, I've just been reading all the other weightmans / hfc threads and to say I am panicking is an understatement. They appear to fight it til the very end, add thousands of pounds costs and people on the forum are ending up having to pay for legal representation. I am really scared, I pushed my boyfriend into this and he's going to go mad if he has to keep going to court, to case managment sessions etc. The main worry is that we cannot afford to pay the whole sum, even if they had a reduced offer, this is why he is on a DMP. Feel a bit sick, and like I might have made a mistake.

Cool I'll do that today, many thanks.

So the previous CPR letter that I sent off that included a request for the copies of the contract, the default agreement etc within it is not sufficient? to be safe should I now send a CCA request and a £1 postal order to get a response back in time?

I wonder if anybody would mind advising me as to the order of what happens next ... We have sent off the AoS and said we are going to defend all. This gives me another 14 days added on to the original 14 days and makes the date that I have to do something by the 6th December. I have already sent off the letter (CPR) which includes a CCA request under civil proceedings and I would expect a reply with full details of the credit agreement, default notices etc by the 22nd November latest. I really need to see what they send back before we mount either a full defence or a partial one (i.e. for the fines or the whole amount). I'm just not sure what order everything goes in! I've tried reading through a few other cases and some stickies but I'm stuck. So its Court Papers Send off CPR request AOS Add 14 days Defence? and do i come back on here when I have either received or not received papers to ask advice for defence. I understand you are all really busy and I appreciate any help. thanks Jo

right I did the AoS and convinced my boyfriend that it makes no difference if we defend and lose as it does to admit it straight away - so we have decided to defend all of it. I sent the letter (the CPR one) off recorded delivery end of last week. I'm not sure what to do now. But I do feel amazingly relieved that we are actually doing something.

Ok well I will reprint that letter and send it by recorded tomorrow. I do understand a lot of the basics. My worry is the timeline. If I wish to admit the whole thing I have to send it back to the solicitors by the 22nd November (according to the court claim form) which is the 14 days - yet the deadline for weightmans to respond is 14 days from now. If i fill in the acknowledgement of service then it automatically assumes that I am preparing a defence and the choice of admitting in full is denied. If, (hypothetically), we defend it, continue to pay it on the DMP and it comes to court and we have to pay, will the DMP / lack of money still be taken into account the same way that it would be if we admitted it straight away? If you know what I mean? Jogs, when you mention other debts, do you mean all of the in the DMP? I don't understand why they are doing this? They are getting all the spare money we have. Surely any reasonable judge would look at our incomings / outgoings & DMP and conclude this? What is their aim??

Havinastella, is there a way to get this information or send that letter without actually stating that you are definitely going to defend it. Andyorch, I'm so sorry, I think this is my fault, its me asking all these bloody questions, its all so far above my head that I am tempted to just give in right now. You've been very patient in answering all my queries and I thank you.

I'm sorry i'm completely confused. What is the CCA request? How is it different from a CPR request? (Is this one I can fine in the templates section and I send it off with a £1 postal order?) the only thing about this is that if they get certain amount of days to send it (i think I read 12?) then thats me out of time to send the form back if I decide that we should admit it. Re postal signature - I meant for any default notices.

As per my previous post #13 Andy:) Ahhh, sorry, I overlooked this. acronym overload this end. Thanks. OK I want to get the documents without telling them that I am definitely going to contest it. Can I do this? Also I don't remember ever signing for anything from them, can I request proof of delivery? What would actually happen if it go to court. Would my other half have to go and stand up and talk to a judge?

ps I wrote to the CCCS lady and she wrote back ' I wouldn't want to go down without a fight either' She just wants us to fill in the forms, whether admitting or defending, just don't do nothing. She has suggested I fill in the bit only admitting the actual cost minus the fines they have issued in the last couple of months.

yes it was like that, I copied and amended another one I found on the site, it was a bit more stern, but yours looks more applicable I may go grab my envelope and use this one instead (its in my work post, if I get it now I can change it!!)

OK cool, I am reading through other threads too, thanks everyone. I shall have to talk to other half (& CCCS) and see what to do. I have sent off a letter to the solicitors asking for the original credit agreement, any fines, any insurance added etc. Jo

I'm not sure why are the charges illegal? Would I be mounting a defence in the hope that they couldn't be bothered to appeal in court? I am stuck on what my defence would be? That we are trying to pay them anyway?

OK well just had an email from someone who works at CCCS and they say, as we borrowed the money we have to admit the debt. As its not like they got the wrong person or we didn't borrow the money. *bangs head on desk*

I have just seen a fantastic letter from someone on another post - really hard hitting etc. I have a few questions - we know we owe them money so what exactly would our defence be??? I know we are trying to pay them off but its going to take years. 2 - if I send them this letter demanding credit agreements, charges, etc... does it automatically mean that I am defending? Can i get all this information and still admit it if the evidence is there? (want cake + eat it!) 3 - To defend it - do you actually have to be there? I am happy to do all of this but its my boyfriends debt and I doubt he would travel to Northampton to plea his case to a judge (its been a fairly traumatic few months and he just wants it all over with, even at the cost of a CCJ against his name) 4 - to complete the acknowledgement of service, and therefore get more time, means that you are contesting it? PS i should have said earlier, really appreciate you taking the time to reply to this, its been really informative and helpful.

So before I repsond I have to decide which course of action to take and then indicate this online. Is that right? The problem we have is that what he is paying them is not what they will consider reasonable. yet there is no more money in the pot for them, we have very little left at the end of the month as it is.

We are both in employment. However, the debts are all my boyfs and he earns much less than me. He was diagnosed with clinical depression and some of the effects of this appear to be him going on a spending rampage (secretly). I found out, he went to doctors, was diagnosed, whereupon he has now set up the DMP and is slowly paying everyone back - slowly being the operative word. The reason we went for this was because a huge amount of my wages were going on his outstanding credit payments, yet when we looked at his wages, his half of the bills and his payments, he only had £145 free per month. Sadly, this debt is one of the smaller ones. The DMP has been working well apart from this one company who want their money much faster than we can afford to give it to them. Although HFC were missed from the original few payments they (or rather their solicitors) have been in receipt of a small monthly amount from the DMP. I don't know about the credit agreement and whether they requested it but would assume that they did, although I will check this out. I'm not sure what to do next. I have no idea of what steps to take and am finding the whole process bewildering.