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HFC/Restons **WON**CASE STRUCK OUT


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What total Bovine Excrement !!!

 

I would love to see exactly where in LoP and CCA it says these things !

 

Tks

 

I suspected as much CB, I've written back asking them to prove their statements or I'll issue a complaint to the OFT for trying to mislead consumers.

I'm not an expert so check everything I tell you, however click me scales if I've been useful.

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The Law of Property act was written in 1925 - long before CRAs came onto the scene, unless there has been a recent amendment to this act there is NO provision to store data within in. I've read parts of it and one boring wet Sunday I will read it from beginning to end - as it seems to be a favourite quote of DCAs of late - "The LOP allows us to process your data and record defaults even though we are not the original creditor...."

 

When asked where in the LOP this comes they are very vague....

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The Law of Property act was written in 1925 - long before CRAs came onto the scene, unless there has been a recent amendment to this act there is NO provision to store data within in. I've read parts of it and one boring wet Sunday I will read it from beginning to end - as it seems to be a favourite quote of DCAs of late - "The LOP allows us to process your data and record defaults even though we are not the original creditor...."

 

When asked where in the LOP this comes they are very vague....

 

CRA's date back over 100 years, but I agree I can't see where the LOPA fits in - I'm assuming they are talking about the issue of Assignment, but unless it's absolute, they don't assume any of the legal rights of the OP anyway.

Always happy to help where I can!

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Hi I have recieved a County Court Claim from Restons Solicitors Via the Northampton county Court.

I have been paying them back a debt originally from HFC Bank which was from a Sofa from DFS.

I owed about 1200 with HFC, and now Restons have added on another 250 and some court and solicitor charges.

 

I fell behind with payments from HFC sent them a letter and asked if I could pay reduced payments i never had a reply from them so i continued to pay them token payments of £12 each month, they then ended up passing it over to Reston's.

 

Restons took control and added on there collection charges and agreed for me to pay the £12 eack month I had been paying this regularly but lately missed i think two payments due to not having the money to pay them.

 

I recieved the Court claim on Saturday, i have been reading up on another post so I think now I have to send the request for information, am i right. I would be grateful if anyone has had any experience with Restons who can help me through this.

 

Thanks in Advance

 

Ben

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HI, DO you have a loan agreement, and when was the agreement taken out. If it was after 2006 many of the mistakes made by the finance companies have been corrected. Even so the charges they are imposing do not seem reasonable. First you need to determine whether they have an enforceable agreement, if they do not then you have a good defence, if they do, then you have agood defence against excessive charges

 

Good luck

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hi 111253,

 

Thanks for the reply I really appreciate it. It was for a loan aggreement on goods. The agreement was around 2007 so pretty recent whithin the last few years.

Im ready to hit them for the information by sending a SAR today by special delivery.

I am also going to reply to the Court claim as aknowledgement of service.

What i want to ask what box do you tick?

 

is is defend part of the claim?

or defend all of the claim.

 

Thanks again

 

bh2362

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Defend all the claim, if they come up with the CCA you can always fold, but till then nothing to lose. It is recent enough for them to have a CCA compliant loan agreement but when and if you do get a copy, post it up so you can get an opinion on any omissions there may be.

Best

Robert

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I have started another thread up heres the link i posted this in the wrong part of the forum when you reply to me please use the new link, thanks for getting back to me I will defend the whole claim online tommorow. but i have sent them the documents today, so they will get them tommorow. here the link http://www.consumeractiongroup.co.uk/forum/legal-issues/209161-help-recieved-ccj-restons-new-post.html

 

 

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