HFC/Weightmans Advice

[mazel01]

 

Dear Sir,

 

Please note this matter has now been transferred to our commercial dispute resolution department as you are disputing our clients claim.

 

We note the content of your request for information and write to advise that we consider your request for a reply within 14 days to be unreasonable.

 

We confirm that we will respond to your Part 18 request within the course of the next 14 days and confirm that we will agree to a reasonable extension thereafter for you to file a full & proper defence

 

Still no response from Weightmans......the 14 days they mentioned is up, in fact it is now 28 days!!!!!

[rory32]

It's to your advantage if they don't respond to your request for information so don't worry about it.

[mazel01]

I think its time for another glass of wine

[mazel01]

Letter received from Weightmans:

 

Dear xxxx

 

Request for Information

Copy of executed agreement and terms and conditions

We enclose a copy of your agreement with terms & conditions.

 

Transcripts of all telephone conversations recorded and notes

We have enclosed CACS history. Any further document disclosure that comes to us in due course(as part of the disclosure process in this case) will be disclosed in the usual way. Records between HFC and this firm are priveleged and will not be disclosed.

 

Manual Intervention

These are our clients own documents and contain privileged information to which you are not entitled.

 

Copies of Default or Enforcement Notices

We have enclosed a copy of the default notice which was served upon you. No enforcement action has yet been taken.

 

Insurance

As detailed within the terms and conditions of your agreement, your insurance was with a seperate company and entirely distinct legal entity from HFC. As a gesture of goodwill we have contacted our client and asked them to make an enquiry as to if they have a copy of the policy. In any event we suggest that you contact the insurer directly.

 

Collection Charges

A contractual charge of £xxxxxx was added to the balance outstanding upon your account on xxxxxxx. This is a contractual charge levied in accordance with your agreement. The charge covers all admin time in dealing with the default account - as detailed in the CACS history.

 

Copy of Notice of fair use

Will follow on standard disclosure.

 

List of agencies that information has been disclosed to

Not a valid civil procedure rule request. Please explain the legal basis for this request and cite any authority on which you rely.

 

Copies of statements

We enclose a copy of your statement of account detailing transactions prior to the instruction of our company. Since our instruction we can confirm that we have received £x

 

Any other documents that we wish to rely on at court

Any other documents will follow by way of standard disclosure.

 

We trust the information provided will assist you in filing a defence. We will contact the court to clarify the date with such is due.

We remain hopeful that we can discuss this matter in an attempt to resolve these proceedings quickly and cost effectively.

[mazel01]

We remain hopeful that we can discuss this matter in an attempt to resolve these proceedings quickly and cost effectively

 

Should I phone Weightmans to discuss it as mentioned in their letter?

[rory32]

A contractual charge of £xxxxxx was added to the balance outstanding upon your account on xxxxxxx. This is a contractual charge levied in accordance with your agreement.

Is there any such clause in the contract?

Should I phone Weightmans to discuss it as mentioned in their letter?

You could phone them to see what they are willing to come to an agreement on. Anything that is agreed must be confirmed in writing by them though.

[mazel01]

Is there any such clause in the contract?

 

I have just had a look through & cannot see anything relating to contractual charge....the agreement that they have sent me isn't the best photocopy.

[rory32]

The reason I asked is because I would be suprised if there were any such clause in the agreement. How bad is the photocopy - is it legible?

[mazel01]

Its legible, but whoever photocopied it, did it slanted, so certain letters are missing from the end of words. Also there are several hole punch marks on the copy, therefore certain words are covered over

[mazel01]

Received confirmation from the court that my defence was received and they are sending a copy to Weightmans/HFC...

[mazel01]

Do i need to do anything now?

[rory32]

Well we'll need to amend your defence (which was expected) on the basis that they have supplied some of the information. What'[s the amount quoted on the default notice - is it completely inaccurate?

[mazel01]

Update

 

Received a letter from Weightmans providing me with a breakdown of the figures that they are claiming. Whilst I have been in the middle of going through the information I have now received another letter from them. This one states that they have wrote to the court and asked them to transfer matters to my local court as HFC don't accept my defence.

 

I find this really strange as Weightmans in my last conversation said they would inform the court of a 'stay in proceedings'.....

 

What should I do now?

[mazel01]

Can I still try & reach a settlement or is it too late now?

[mazel01]

Has anyone got any advice for me please...

[geoffmr1]

You can still negotiate with them. It just means the case is proceeding which they had to do otherwise it would have been stayed & caused them problems

 

I've only recently had a case management conference with the actual case to be heard in October & I'm still talking to them about settlement (well trying to as they have ignored me so far).

[mazel01]

So do I now wait & see what I receive in the post or call them to negotiate?

[mazel01]

Can I still try & reach a settlement or is it too late now?

 

If I do reach a settlement would I have to pay the amount in one lump sum or is there a chance that they would accept monthly instalments?

[geoffmr1]

I'm not sure if you can pay in installments although I'd assume you still can. They know people like us cannot afford to pay it off in one go & I believe Hopeful1 was offered to pay by installments.

 

I refuse to speak to them on the phone I just sent a letter special delivery asking what sort of settlement they'd be looking for. That way if it does go to court I can prove I did try to negotiate & they were the ones being difficult. They will only use their strongarm tactics over the phone.

[mazel01]

Had a chat with them & they are going to speak to HFC & see what they will settle for & get back to me......

[rory32]

If they do come up with a settlement that is acceptable you must get it in writing. While speaking to them on the phone is perfectly acceptable in these circumstances anything that is agreed needs to be confirmed in writing so that there is a record of it.

[mazel01]

So what happens now that they have asked for the matter to be transferred to my local court?....what is the normal procedure?

[geoffmr1]

Nothing happens really. When you get the Allocation Questionnaire you'll just be sending it to the local court.

 

It just means everything is transferred but you don't have to do anything, just make sure you don't send stuff to the wrong place!!

[ukaviator]

That's right. Everything will be dealt with in your local court, so make sure you add your claim number, and address all paperwork to the court near to you.

 

The Allocation Questionaire will have the court Name on the top right hand side of the Form, at the bottom will be your local courts address in full.

 

Cases are run on one of three tracks. The three tracks are:

 

Small claims track' (not exceeding 5000 pounds)

 

Fast track' (over 5000 pounds, not exceeding 15,000 pounds)

 

Multi-track' (over 15,000 pounds)

 

 

'Small claims' and 'fast track' claims are managed by the county courts. 'Multi-track' cases are made in the High Court.

 

Just the wait now, the court will get in contact with you.

[mazel01]

So i presume that mine will be Multi -Track in the High Court?