zhanzhibar vs HFC-weightman court action **WON**

[robcag]

Hi zhan

 

I agree with Chris that they cannot rely on that copy default notice as you can now show that it is different than the original which you have now found.

 

Keep that original safe! It is very significant that the original DN shows a period of less than 14 days for you to rectify the default as this will undermine their whole case against you (or maybe that should read that they now have a 'hole' in their case against you ).

 

This was something which HFC/Restons recently admitted was a reason why their claim against me could not succeed (see Letter 2, Page 2, post #268 here: http://www.consumeractiongroup.co.uk/forum/legal-issues/124572-hfc-no-agreement-amended-14.html#post1527558 ).

 

I haven't re-read your complete thread, but I notice Paul did mention the relevance of a valid default notice being served at para 17 of your original defence. If you are submitting an amended defence then IMHO it would definitely be worth including the latest ammunition you have found.

 

This was something which Paul included in my amended defence, see paras 20-22 inclusive in post #49 at: http://www.consumeractiongroup.co.uk/forum/legal-issues/124572-hfc-no-agreement-amended-3.html#post1300092

 

Hope that helps

 

Cheers

Rob

[zhanzhibar]

Cheers Chris. You got mail too:)

 

My head is all over the place ATM coz I'm battling 2 court cases at the same time (the one with Amex- have to submit my defense by 26th June:o ).

 

Don't know whether I'm doing the right thing here but I thought I better prepare my amended defense after I got this letter from the court on the 28th May & send it to court before 24th June. Do you or anybody else know whether I am doing right thing here or is there something else I should be doing to comply with this letter?

 

Thanx again

Zan

Edited June 14, 2008 by zhanzhibar
Taking out claim number & name of county coutr's name

[car2403]

Keep that original safe! It is very significant that the original DN shows a period of less than 14 days for you to rectify the default as this will undermine their whole case against you (or maybe that should read that they now have a 'hole' in their case against you ).

 

It is very, very significant, IMHO. It doesn't just undermine their case, it blows it apart completely.

 

When will HFC learn a lesson on this one? Hopefully never, as it helps us immensely!

 

I haven't re-read your complete thread, but I notice Paul did mention the relevance of a valid default notice being served at para 17 of your original defence. If you are submitting an amended defence then IMHO it would definitely be worth including the latest ammunition you have found.

 

Rob, I'd disagree with including this at this stage. I have PM'd to Zhan to say why. (Prying eyes, see...)

 

My head is all over the place ATM coz I'm battling 2 court cases at the same time (the one with Amex- have to submit my defense by 26th June:o ).

 

Don't know whether I'm doing the right thing here but I thought I better prepare my amended defense after I got this letter from the court on the 28th May & send it to court before 24th June. Do you or anybody else know whether I am doing right thing here or is there something else I should be doing to comply with this letter?

 

You must comply with the Court Order.

 

Have they attempted settlement? Did they request the stay to attempt a settlement?

 

Write to the Court, send a copy to the other side, and take great pride in "telling on them"! Here's what I wrote to the Court about GE doing exactly the same; (in fact, they tried to Default me again - didn't work! )

 

As ordered by District Judge XXX on XXX, I am writing to you with an update as to how the negotiations between myself and the Defendant is progressing.

 

Briefly, at the Directions Hearing on XXX, Mr. XXX, the representative appearing for the Defendant, requested a stay of proceedings to allow without prejudice negotiations that I had commenced with the Claimants representatives to continue. This was despite several pieces of correspondence between the parties prior to this date, where the Defendant had refused to negotiate with me on the issue of default removal, as outlined in the claim, going unanswered. I, however, agreed to a one month stay, on the basis that the Defendant would make a reasonable attempt to open up these negotiations further and reconsider it’s position on this precise issue.

 

I’m disappointed to have to inform the Court that, despite further correspondence being sent from me to the Defendant, the Defendant has failed to reply to my attempts to reach a settlement of the issues in dispute.

I believe that the Defendants behaviour in these proceedings is an attempt to frustrate my action against it, in that the Defendant is trying to falsely alter its position in defence of my claim against it. This is clearly against the overriding objectives of these proceedings. This is clearly unjust and inequitable in my view. I believe that the Defendant is abusing the Courts process, as it has requested a stay of proceedings to seek an out of Court settlement and has then failed to commence such negotiations.

 

As a result, I am enclosing my allocation questionnaire, in compliance with the Judges order.

 

I can confirm a copy of the same, including this letter, has been served on all parties, by first class post.

 

Yours faithfully,

 

Amend it to suit, but you get the idea...

[robcag]

It is very, very significant, IMHO. It doesn't just undermine their case, it blows it apart completely.

 

When will HFC learn a lesson on this one? Hopefully never, as it helps us immensely!

 

 

 

Rob, I'd disagree with including this at this stage. I have PM'd to Zhan to say why. (Prying eyes, see...) Understood Chris, but with that in mind Zhan, and for you to remain anonymous to a snooping enemy, you might like to remove some further identifying details from the document in your post #52. There are at least 2 items (Claim number and claimant details, and possibly the date associated with the court as well).

 

 

 

You must comply with the Court Order.

 

Have they attempted settlement? Did they request the stay to attempt a settlement?

 

Write to the Court, send a copy to the other side, and take great pride in "telling on them"! Here's what I wrote to the Court about GE doing exactly the same; (in fact, they tried to Default me again - didn't work! )

 

 

 

Amend it to suit, but you get the idea...

 

Cheers

Rob

[car2403]

Agreed, Rob, but there comes a point with these threads that you can only remain anonymous for so long - and to those that are not involved in the case directly.

 

Always bear in mind that you shouldn't post any sensitive information up for identity theives, but you also don't want to post too much info up that will help the other side in some way. (Hence my PM, Zhan...)

[robcag]

Not wishing to steer this thread OT or hijack it, but something which people may not have noticed if they receive certain documents from solicitors etc. and produced by those solicitors, is the fact that the case details (e.g. HFC Bank v YOUR NAME) may appear in tiny print at the foot of the page.

 

I noticed this a couple of days ago on a document (from Restons) I had scanned and posted a couple of weeks or so ago, and had to go back in and edit out my surname and a ref number.

 

Cheers

Rob

[car2403]

Not wishing to steer this thread OT or hijack it, but something which people may not have noticed if they receive certain documents from solicitors etc. and produced by those solicitors, is the fact that the case details (e.g. HFC Bank v YOUR NAME) may appear in tiny print at the foot of the page.

 

I noticed this a couple of days ago on a document (from Restons) I had scanned and posted a couple of weeks or so ago, and had to go back in and edit out my surname and a ref number.

 

Cheers

Rob

 

Quite right.

 

Don't forget the identifying reference numbers, too.

[zhanzhibar]

It is very, very significant, IMHO. It doesn't just undermine their case, it blows it apart completely.

 

When will HFC learn a lesson on this one? Hopefully never, as it helps us immensely!

 

 

 

Rob, I'd disagree with including this at this stage. I have PM'd to Zhan to say why. (Prying eyes, see...)

 

 

 

You must comply with the Court Order.Sorry have to ask this but what exactly do i have to do to comply with court? Do I submit amended defense or write something to the court or complete AQ? (always:))

 

Have they attempted settlement?Nope. What they did say on the letter sent together with my Application & DN is that they want to discuss the settlement matter over the phone (why?) once i received copies of statement (which by the way I have not received yet & the clock is ticking!) They want me to confirm a telephone number. Do I have to oblige with this becoz I don't really want to talk to them... Did they request the stay to attempt a settlement? Yes they did in their AQ.

 

Write to the Court, send a copy to the other side, and take great pride in "telling on them"! Here's what I wrote to the Court about GE doing exactly the same; (in fact, they tried to Default me again - didn't work! )

 

 

 

Amend it to suit, but you get the idea...

 

Hiya I'm a bit confused now:confused: (not unusual:)) .What should be my next step then before the 24th. Should I send a letter to Weightman giving my fon number or prepare my amended defense to send to court before 24th June or something else...

 

Zhan

[zhanzhibar]

Thanx for reminding me about my details (claim number, ref number etc..) rob. It seemed I have left it in most of the correspondence i put here..duhhh:o

Took me good hour to check & get rid of those details....

thanks again

[car2403]

What should be my next step then before the 24th. Should I send a letter to Weightman giving my fon number or prepare my amended defense to send to court before 24th June or something else...

 

Have another read of my post at #53, above.

 

Up to you if you want to call them. Personally, I would, just to see what they have to say. You don't want them saying you made it impossible to negotiate with them.

 

If you do call them, you must speak to the person dealing with you claim. When you get through to them, explain that you aren't willing to discuss the claim as you have nothing to add from that which you've already submitted. You are however, willing to listen to what they have to say, but you don't want to respond immediately as you need to take advice on your response... ;)

 

If you don't call them, (don't give them your contact details, or you'll never get rid of them - also, don't they already have them?) send them a letter saying that you are willing to negotiate, but only in writing.

[zhanzhibar]

Thanx for the advice Chris. I think I'll write to them today. Am no good when it comes to talking on the phone with creditors. Haven't picked up the land line phone when it rings for more than a year now !!I'll surely go into panic mode automatically & say some stupid things that I shouldn't say & all will go to pots Somehow these people have the power to make me feel intimidated by them:(. I think I need to go counselling after all these problems gone away (in a few years time I have to say ) to get rid of my anxiety feeling whenever the home phone starts ringing.

[robcag]

Hi zhan

 

I (and I suspect many others) know exactly the situation with that horrible feeling when the phone rings! Since finding GAG it doesn't bother me any more, I can now answer all calls!

 

Caller display is worth getting if you haven't already got it (free from BT under certain circumstances - i.e. you have to make a very small amount of calls via them).

 

Another option if you are very slightly technically minded is to use a VoIP service, one advantage of which is that you can have additional numbers. I suppose you could then phone the DCAs creditors etc. and be 'helpful/friendly' and give them an update to their records (i.e. the new number, which you could then choose to never answer, or maybe not even connect a phone to;)).

 

Possibly a further option would be to obtain a second number on your existing landline (possible with BT at least) which can have different ringing tone to the first.

 

Give yourself the freedom to answer your landline again!

 

Cheers

Rob

[PriorityOne]

When you answer the 'phone and hear a voice that you don't recognise, just ask them who's calling before confirming who you are. This gives the option of either hanging up, saying "in writing only and hanging up", putting the 'phone down somewhere and wandering off while you go and "find yourself" (), or just refusing to go through "security".

 

Beware the calls that ask for you by your first name only though.... they like pretending to be friends.

 

[zhanzhibar]

Thanx for the advice Rob & P1. Unfortunately I'm not with BT but that Voip service sounds interesting. Will check that out. Thanks again:)

 

Just to let you all know I'm sending a letter to Weightman..

 

Thank you for your letter dated xx June 2008.

As per your letter, I am still waiting for the copies of statements. I am willing to negotiate terms of settlement but only in writing.

I look forward to hearing from you.

Short & sweet.

 

 

[zhanzhibar]

Now that I've done that & posted on ND delivery (another £4.60 add up to the cost ), do i prepare an amended defense & submit it to the court before 24th June?

[zhanzhibar]

Cheers Chris. You got mail too:)

 

My head is all over the place ATM coz I'm battling 2 court cases at the same time (the one with Amex- have to submit my defense by 26th June:o ).

 

Don't know whether I'm doing the right thing here but I thought I better prepare my amended defense after I got this letter from the court on the 28th May & send it to court before 24th June. Do you or anybody else know whether I am doing right thing here or is there something else I should be doing to comply with this letter?

 

Thanx again

Zan

 

Help..anybody... What do I do now? Do nothing & wait for a reply from Weightman after sent the letter or start preparing my amended defense & submit to court before 24th?

[zhanzhibar]

HI all

 

Update on what's been happening. Sent the letter to Weightman saying I'm willing to negotiate as sugggested by Chris. Today I received 2 separate post from Weightmann

 

 

 

 

As well as the above with copies of my statements, I also received today in a separate post:

 

 

What does this mean then? What do i do now? Any help is much appreciated.

Zhan

[car2403]

Well, well, well... They can't prove how the debt came about, as this suggests they don't have the statements for the whole account - this is a question you need to ask them, ASAP, IMHO.

 

Also, if they are taking action against you, how can they assign the debt away? I smell something fishy. You also need to raise this with them, as, unless they apply to the Court for permission to amend the parties to the claim to include this new company, where you will probably have to agree, (make sure you don't) their legal action will have to stop dead in it's tracks now.

[geoffmr1]

Hi Zhanzhibar,

 

I received the same letter from Weightmans today assigning my debt to Phoenix.

 

It seems HFC are trying to offload their risks under the current financial climate. I'm in court on Tuesday so I'm just wondering whats going to happen.

 

Anyway I wish you the best of luck as well with all this.

[Delfi101]

Guess what I received in the post today ... a very similar letter. And man have they added a LOT of money to the supposed balance.

 

My account is in CCA dispute with HFC AND on Monday I finally got a person from the FSA assigned to my complaint concerning a lack of a correct CCA document against HFC ... bad timing guys

 

My desired resolution is simple ... supply me with a legally valid CCA.

 

So now they've broken the law again ... go ahead, take me to court

 

This looks like a new company and a mass mailing. It's almost certainly associated with HFC and Weightmans. Odd that HFC's 'solicitors' should now be acting on behalf of Phoenix huh?

 

D

 

D

[Santos L Helper]

Snap!!!!

 

Guess what I received in the post today?

 

Yes exactly the same letter assigning an HFC alleged debt to P/Recoveries.

 

Weightmans tried with a SD last year and got set aside at court.

 

Last week they sent a letter asking how I am going to settle the alleged debt.

 

Well same as everyone else, give me a CCA agreement and i'll talk.

 

I've only been waitng for it for a year and a half!

 

Regards

 

Santos

[zhanzhibar]

Well, well, well... They can't prove how the debt came about, as this suggests they don't have the statements for the whole account [isn't it by law they supposed to have 6 year records?]- this is a question you need to ask them, ASAP, IMHO.

 

Also, if they are taking action against you, how can they assign the debt away? I smell something fishy. You also need to raise this with them, as, unless they apply to the Court for permission to amend the parties to the claim to include this new company, where you will probably have to agree, (make sure you don't) their legal action will have to stop dead in it's tracks now.

 

okay Chris. Thanks for suggestion. Will do a draft letter & post it up here later.

[zhanzhibar]

Hi Zhanzhibar,

 

I received the same letter from Weightmans today assigning my debt to Phoenix.

 

It seems HFC are trying to offload their risks under the current financial climate. I'm in court on Tuesday so I'm just wondering whats going to happen.

 

Anyway I wish you the best of luck as well with all this. Many thanks geoff. Same goes to you mate. Good luck on Tuesday..will be waiting to hear what happen

 

Guess what I received in the post today ... a very similar letter. And man have they added a LOT of money to the supposed balance.

 

My account is in CCA dispute with HFC AND on Monday I finally got a person from the FSA assigned to my complaint concerning a lack of a correct CCA document against HFC i haven't done this to them.. i think i'll report them too so when did you report them delphi? & they only assigned them now!... bad timing guys

 

My desired resolution is simple ... supply me with a legally valid CCA.

 

So now they've broken the law again For solicitors, they are quite incompetent (which is fine by us surely:)), don't you think?... go ahead, take me to court yep.. that's what I say too. Let's go get them:D They think they can take us for fools...more fool them

 

This looks like a new company and a mass mailing. It's almost certainly associated with HFC and Weightmans. Odd that HFC's 'solicitors' should now be acting on behalf of Phoenix huh?

 

D

 

D

 

Snap!!!!

 

Guess what I received in the post today?

 

Yes exactly the same letter assigning an HFC alleged debt to P/Recoveries. They really taking us for fools don't they.. I used to be worried & scared by all these letterscoming through the post but not anymore:-D [i juz need to work out courage on the phones now:rolleyes:]

 

Weightmans tried with a SD last year and got set aside at court.

 

Last week they sent a letter asking how I am going to settle the alleged debt.

 

Well same as everyone else, give me a CCA agreement and i'll talk.

 

I've only been waitng for it for a year and a half!

 

Regards

 

Santos

 

Thanks for your posts everybody. Glad to know I'm not alone in this & we are fighting the same so & so.

All for one & one for all...

[Delfi101]

I reported them to the FSA in January when Weightmans first contacted me. It took nearly 6 months for a rather busy FSA to assign an investigator to my case. Frankly, Weightman's timing could not have been better 8-)

 

D

[humbleman]

Guess what,

 

Yes I did too