Charge on my house ***WON***

[Edz11]

Date xxx

 

REQUEST FOR INFORMATION UNDER PART 18 OF THE CIVIL PROCEDURE RULES

 

Dear Sirs

 

Account No: BLANK

County Court Claim No: BLANK

 

 

Regarding the above, please let me have;

• A true copy of the executed credit agreement relating to this case 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 and of any notice that you or the original creditor sent me, with a copy of any proof of postage that you hold
  
  
• 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.
  
  
• 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.

• I look forward to your response.
   
  Yours faithfully

[Edz11]

sorry - the format thingy is playing up. Numbered points rather than bullets!

[polly55]

Thanks a lot Edz, that's going off recorded today, and I'll keep you posted.

[rory32]

Polly you're going to have to send an amendment to your request as you need to give them a date as to when to send you these documents by. The CPR doesn't define how many days are allowed, it only defines the time limits as what is reasonable. I would suggest 10 days. Please also read this http://www.consumeractiongroup.co.uk/forum/general-debt/108467-basic-introduction-consumer-credit.html

[Edz11]

Dead right Rory - missed that as I was getting hassle at the time. Memo to self - "one job at a time". They would still have had a duty to respond prior to the court date but it should have a "reply by date".

[polly55]

Thanks all, sent off amendment.

[daw]

sorry hjack, the references above to the S.A.R - (Subject Access Request), one says 40 days another says 14 and then there is mention of 10. Plus there is payment of £10 mentioned in some and not others, can someone explain ? Should section 22 be metioned as well

 

Found these on here: CPR - Parts and Practice Directions

 

PART 18 - FURTHER INFORMATION

 

PRACTICE DIRECTION – FURTHER INFORMATION - This Practice Direction supplements CPR Part 18

 

PART 22 - STATEMENTS OF TRUTH

 

PRACTICE DIRECTION – STATEMENTS OF TRUTH - THIS PRACTICE DIRECTION SUPPLEMENTS CPR PART 22

[Edz11]

It's how he information is requested;

Subject Access request - 40 days and a tenner - under the Data Protection Act

Consumer Credit Agreement request - £1 and 12 days - under the Consumer Credit Act 1974

CPR request - free (reasonable time should be given) - Civil Procedure Rules

[polly55]

Hello

 

No reply yet from Weightmans or HFC regarding request and Royal Mail tracking can't tell me its been signed for yet. Should I send off another letter Special Delivery (sent last one recorded). Also, noticed in a letter from Weightmans when they first wrote that they refer to 'your agreement with HFC Bank' which of course I never had, the original agreement was with HSBC. HSBC did send me a notice of default in February 2007 but the next thing I knew Weightmans wrote to tell me they'd 'been instructed by HFC Bank Limited in relation to your account.' I know HSBC own HFC but it seems a bit iffy to me.

 

I'm putting together a letter for the court in my defence. The reason they give for wanting a charging order is that it will take too long to pay off at current rate. However, I've just increased my repayments to all my creditors by 150 pounds a month, but can't increase HFC because of the CCJ. They've also added 917 pounds in 'solicitors costs and admin' and 410 court costs for the county court proceeding which they initiated. Are they not creating the situation they're appealing against? Any help drafting this letter to the court would be greatly appreciated. I have the Application Notice scanned and the original Judgement if anyone could help.

 

Thanks

[polly55]

In addition to the above, looking back on my HSBC statements, I notice there are quite a few charges. Who do I send an SAR to HSBC, HFC or the solicitors. As I've already been county courted can I still claim the charges back? What should I do next. I'm in court on 11th Jan and am getting worried that i'm not going to be properly prepared. Help, anyone!

[Timsta]

Send the SAR to HSBC. They are the original creditors and will have the records.

 

(Would it be possible to request it under CPR 18? that way it would be free and you would get it a lot sooner.)

[polly55]

Thanks Timsta, feeling a bit lonesome here.

[rory32]

Royal Mail tracking can't tell me its been signed for yet.

Well it's reasonable to assume that they got your letter. Court documents are actually normally only sent by second class post so it's not something I would worry about.

I have the Application Notice scanned and the original Judgement if anyone could help.

If you could post it up removing personal info first that would be useful.

As I've already been county courted can I still claim the charges back?

Yes. This information should be given as part of your CPR request.

[polly55]

Better copies further on in the thread.

[polly55]

Better copies later on in thread

[polly55]

well I dont know if anyone can decipher that lot. Im a journalist of the old school, i can type with two fingers but I never really knew what happend to it when i sent it off.

[polly55]

probably posted my documents all wrong. flipping heck

[polly55]

d'you ever catch anyone on here before they hang themselves, that'd be a coup wouldn't it?

[polly55]

posted up relevant stuff whether in correct format, not sure. let me know looks a bit small to read.

[polly55]

how seriously do you take your role here. we people are probably next step before the samaritans. I personally feel like falling on my sword. LOTS OF LOVE

[polly55]

okay, im probably representing myself here arent I? well that wont be the first time

[polly55]

polly, who the hell are you , youre really mad. or debtors have driven you up it.

[hellhasnofury]

polly, who the hell are you , youre really mad. or debtors have driven you up it.

 

Hello Polly,

 

Have you come back yet:D I have had a look at the documents that you posted up, but unfortunately they are too small to read.

 

Please don't despair, help will come, if it doesn't soon pm one of the mods, site helpers to have a look.

 

What do you need to know???? That is without reading all of the post that have been posted.

[polly55]

oh your a darling, such a relief to have a reply. Have i posted my documents in the wrong format?

[hellhasnofury]

oh your a darling, such a relief to have a reply. Have i posted my documents in the wrong format?

 

Hello polly,

 

Now that sounds a more rational response:D I know how it feels to post and no-one responds:( We do get desperate and feel that we are on our own. You need to be a bit more forceful, start pm'ing for help.

 

Now regards your docs, I don't know what format you used, but a lot of peeps on the site use photobucket to post up docs. It is a free service on the internet. So if you type in photobucket in your browser and follow the instructions, hopefully, fingers crossed, you will be able to post up the docs and they will be readable. Even I managed it, so it is not that hard.

 

I will catch up tomorrow, as sleep is calling and I have to get up early.