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Nick vs HFC

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http://www.consumeractiongroup.co.uk/forum/guidance-notes/64911-got-court-date-guide.html have you read this section . Directions hearing is similar to an allocations hearing.

 

 

Thanks Saintly, didn't come across that section before.

 

Oh and found that wintess statement, thanks again! :-)

 

Any ideas for the t&cs?

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Not come across any sorry :(


Any typos spelling mistakes are due to leprechauns in my keyboard they move the letters around sometimes (amended just for Bookie)

 

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I offer help and advice in good faith, based on my knowledge and experience. I am NOT a legal or financial expert. There are many CAG members and site team who are better qualified. Please do not make major decisions based on my advice alone.I do not give advice via P.M's. If anyone can correct my mistakes or improve on my advice, please do.

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I just spoke to the court and they said that there is a Small Claims hearing listed for the 6th of march, not a Directions Only hearing as I have been notified in the Notice of Allocation.

 

Lady at the court said I have to make a request in writing to find out exactly what kind of hearing this will be. Seriously confused now!

 

From reading up a bit it appears that a bundle isnt required for a directions hearing, so it is confusing that ive been ordered to submit all my evidence 14 days before this hearing?

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Not come across any sorry :(

 

Ok should I write to HFC requesting a copy of my T&Cs then? How should I word this to ensure they comply?

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Got an offer, its £300 short though. Theyre claiming my interest calcualtions are wrong, under section 69 of the County Courts Act.

 

'Interest is calculated at a daily rate from the date that each charge was applied. A £25 charge on 5th sep 2004 interest should be calulated as £25 x 0.00022 to give a daily rate of £0.0055 x 1249 days is £6.87.

 

I though I could put the same interest rates on the template spreadsheet as they charge me on my credit card. Is this right

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So your claiming contractual interest ? .... They tend to argue this more than the s69 interest


Any typos spelling mistakes are due to leprechauns in my keyboard they move the letters around sometimes (amended just for Bookie)

 

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How should I go about arguing my case to claim contractual interest? Should I even be claiming contractual interest?

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The s69 interest is 8% ......... If you have put the amount that they charged you on your Credit Card then you have claimed contractual interest


Any typos spelling mistakes are due to leprechauns in my keyboard they move the letters around sometimes (amended just for Bookie)

 

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I offer help and advice in good faith, based on my knowledge and experience. I am NOT a legal or financial expert. There are many CAG members and site team who are better qualified. Please do not make major decisions based on my advice alone.I do not give advice via P.M's. If anyone can correct my mistakes or improve on my advice, please do.

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The s69 interest is 8% ......... If you have put the amount that they charged you on your Credit Card then you have claimed contractual interest

 

Ok I understand that. How should I go about writing a response to their offer asking for contractual interest?

 

And am i right to claim contractual interest or would the court only award s69?

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Unless you know what you are arguing in relation to Contractual Interest then I would only go for the s69 ...

 

What I suggest is that you place all your charges into the simple spread sheet here and see what figure that comes up with


Any typos spelling mistakes are due to leprechauns in my keyboard they move the letters around sometimes (amended just for Bookie)

 

"How do I...?" A Dummies' Guide to this Forum

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Please Donate if you can - help CAG help others

 

I offer help and advice in good faith, based on my knowledge and experience. I am NOT a legal or financial expert. There are many CAG members and site team who are better qualified. Please do not make major decisions based on my advice alone.I do not give advice via P.M's. If anyone can correct my mistakes or improve on my advice, please do.

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At the court stage in my claim against HFC and had an offer from them today:

 

http://www.consumeractiongroup.co.uk/forum/hfc-household/126256-nick-hfc-2.html#post1370669

 

I was claiming contractual interest, and attached a spreadsheet to my claim form showing this.

 

In the offer they are offering only s69 interest at 8%, and looking at my POC Ive seen that this is what I wrote i was claiming, even though I put the figure for Contractual Interest.

 

Where do I stand, should I just accept the 8% now?

 

Really bugs me that by accepting the 8% they've still made money on the charges theyve put on my account from the extorniate interest they charge.

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It's decison time. Are you confident enough about CI to argue it convincingly in court? If not, take the 8% (a bird in the hand etc).

 

It's entirely up to you.

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It seems like common sense to me - thats the interest theyve charged me on the debt built up by the charges so surely its only reasonable to claim that back too?

 

Can you point me in the direction of some info on how I would go about arguing this in court?

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Can you point me in the direction of some info on how I would go about arguing this in court?

Sempra Metals is useful. See here:

Compound interest is payable in restitution - Times Online

 

Full Judgement here:

House of Lords - Sempra Metals Limited (formerly Metallgesellschaft Limited) (Respondents) v. Her Majesty's Commissioners of Inland Revenue and another (Appellants)

 

Plus you will need to amend your POC's

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Thanks Michael, i think Ill do that.

 

Is it a simple process to ammend POCs?

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2 threads merged. Please keep to one thread per topic, thanks.


HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

YOU CAN NOW COMPLAIN TO THE OFT ABOUT THEIR CONDUCT UNDER THE CONSUMER PROTECTION FROM UNFAIR TRADING REGULATIONS 2008.

 

 

 

Complaint to the OFT about DCA's threatening legally action on statute barred accounts

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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2 threads merged. Please keep to one thread per topic, thanks.

 

Oops, thanks :)

 

Thanks for link Michael ill get taht done ASAP.

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