Me & My Debts

[1littleduck]

Hi all, thanks again, I have send the letter s/d to solicitors and r/d to HFC so they should get them soon. shall fill in the court form as soon as possible as they have only given me 14 days to respond?

[1littleduck]

Hi, CPR must have passed my cca letter on to nationwide, who sent the letter and p/o back to me for the payee name to be changed and account number to be added, so I am sending it back to them today.

G/P debt management are really a joke, I asked them to check if I had a default notice from HFC and they have ignored me, so I really dont think that I have had one...hope not!

[emmaf01]

You really should ditch GP debt management- I wouldn't trust them to be able to tell you if they HAD received a default notice accurately- and they are a waste of your money.

[1littleduck]

Help.............. I have received a letter from Restons solicitors and it says:

Thank you for your letter of 9th September 2008. Your request appears to have been lifted from one of the comsumer websites which promote this request specifically as a methord for stalling or halting legal proceedings.

As such your request is inappropriate and an abuse of the Court process.

 

Further and in addition the Civil Procedure Rules do not permit you to make spurious requests.

 

If you have a defence you will already know what that defence is and therefore should be perfectly capable of filing a proper fully pleaded defence in responce to this claim.

 

Yours faithfully

 

MR. N Coe, Managing Director.

 

What do I do now????

[citizenB]

Help.............. I have received a letter from Restons solicitors and it says:

Thank you for your letter of 9th September 2008. Your request appears to have been lifted from one of the comsumer websites which promote this request specifically as a methord for stalling or halting legal proceedings.

As such your request is inappropriate and an abuse of the Court process.

 

Further and in addition the Civil Procedure Rules do not permit you to make spurious requests.

 

If you have a defence you will already know what that defence is and therefore should be perfectly capable of filing a proper fully pleaded defence in responce to this claim.

 

Yours faithfully

 

MR. N Coe, Managing Director.

 

What do I do now????

 

 

For a start dont panic:D Quite a few CAGers have had this response and it is truly amazing that these solicitors dont realise that before the internet there were books and other "free sources" from where you could get help and advice. Basically they are just throwing their toys out of their pram. I have sent you a pm.

[sillygirl1]

Its a recognised legal request - as citizenB says they are throwing their toys out of their pram - if this letter wasn't marked Without Prejudice you can show it as an exhibit at court and have the judge throw them out for their contempt and abuse... all you have done is assert your rights and they have refused (illegally).

[KER]

Help.............. I have received a letter from Restons solicitors and it says:

Thank you for your letter of 9th September 2008. Your request appears to have been lifted from one of the comsumer websites which promote this request specifically as a methord for stalling or halting legal proceedings.

As such your request is inappropriate and an abuse of the Court process.

 

Further and in addition the Civil Procedure Rules do not permit you to make spurious requests.

 

If you have a defence you will already know what that defence is and therefore should be perfectly capable of filing a proper fully pleaded defence in responce to this claim.

 

Yours faithfully

 

MR. N Coe, Managing Director.

 

What do I do now????

 

OH MY GOODNESS! The ABSOLUTE CHEEK OF IT!

 

How can they say "a method for halting legal proceedings" You are asserting your right at LAW - this was precisely why these laws were created to stop this type of cretin!! Should we all just roll over and say "I'll pay whatever you want me to pay whether it's legal or not"

 

Reading that letter has made me really angry!

 

 

Remind them that the fact you don't have your CCA IS enough of a defence already without having to add to it! :mad:

 

.

.

.

[1littleduck]

Hi, the solicitors letter has not been marked without prejudice so hopefully I can use that...I have just had a special delivery from the HFC as I sent them the same letter recorded delivery. They have sent me a signed copy of my agreement along with the last 6 statements...so the agreement is now enforcable..the only think I can say is that they could not have done many credit checks on me, as I would never have got the card if they had.

I have not yet responded to the court, which I will do over the next few days.

In my defence, I think I can only point out the facts about them not checking me out properly, the fact that I have no money but have tried to pay them what I can afford, and although they say it would take 8 years to pay off the debt, if you only ever pay the minimun payment, it could take 15 years, so I cant really see their problem!!

[1littleduck]

Hi, I think I have managed to sort out the picture adding.......a copy of the letter.

http://i534.photobucket.com/albums/ee344/gangsta_caz/LastScan-2.jpg

[tinkerbell20]

Hi, I think I have managed to sort out the picture adding.......a copy of the letter.

http://i534.photobucket.com/albums/ee344/gangsta_caz/LastScan-2.jpg

Courtesy SX20

 

 

Send this special delivery. If claim notice mentions default notice or notice of termination request that as well as all statements of account. The have 7 days from receipt under PR rules to comply.

 

Re: (Claimant's name) v (Your name) Case No:

CPR 31.14 Request

 

On (date) I received the Claim Form in this case issued by you out of the (Name) County Court.

 

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim.

 

[Prior to the issue of proceedings I had delivered a request for the production of the agreement mentioned in the Claim Form and on which you rely. That request was ignored][delete if no such request was delivered]

 

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of [each of the following / the] document(s) mentioned in your Particulars of Claim:

 

1 the agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.

 

2 the assignment*

 

3 the default notice*

 

4 the termination notice*

 

5 [any other documents mentioned in the Particulars of Claim]*

 

* delete if not mentioned in the Particulars of claim.

 

[Although your claim is for a sum which is not more than £5,000.00 and will in all likelihood be allocated to the small claims track for determination upon my delivering a defence, at this moment in time I have not delivered my defence and the case has not been allocated to a track. In consequence the provisions of CPR 27(2) are of no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise]#

 

# delete if claim for a sum exceeding £5,000.00

 

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

 

Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

 

In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

 

If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

 

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

 

Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

 

I do hope this will not be necessary and look forward to hearing from you.

 

yours faithfully

[tinkerbell20]

Can you post up the CCA dleting any personal info.

 

Tinks x

[KER]

The only thing with the irresponsible lending thing is I think a Judge will just say to you "why didn't you send the card back if you didn't ask for it" ?

 

Not what you want to hear I appreciate, but you should be prepared for it!

[1littleduck]

Hi, I have got the credit agreement and the court summons.

I will post tomorrow what I might say in my defence if this is ok.

 

http://i534.photobucket.com/albums/ee344/gangsta_caz/LastScan-1.jpg

 

http://i534.photobucket.com/albums/ee344/gangsta_caz/LastScan111.jpg

[1littleduck]

Hi, I have got the credit agreement and the court summons.

I will post tomorrow what I might say in my defence if this is ok.

 

http://i534.photobucket.com/albums/ee344/gangsta_caz/LastScan-1.jpg

 

http://i534.photobucket.com/albums/ee344/gangsta_caz/LastScan111.jpg

[1littleduck]

Hi again,

I have just had a look over the last 6 statements the HFC have sent me, they were paid their monthly payments up till and including April.

I put the debt into the hands of GP at the end of April, and no payments have been made since.

the last statement they have produced was for 15th June, and as far as I know, they have not sent me a default notice or anything other than the first letter from their solicitors, of which was sent to GP and they could not have responded to it, hence the cc sumons.

GP are going to get the sake within the next month, and yes it will save me £100 which I can use to pay my creditors...and I agree, they are a waste of space.

I have tried to acknowledge my claim on line as I have been reading another thread, but have been blocked out as the password does not seem to work. I have phoned the court and if I cant do it, I will post it to them.

I understand that all I am doing is acknowledging the claim and defending it at this stage, and any help in my defence would be greatfully appreciated.

I have blocked out the amount they are claiming, and think I should not have, so the amounts are: 6459.05 inclusive of interest.

default balance 09/08 5469.63 collection charge 911.78

amount claimed 6459.05 + fees and solicitors.

and this confirms that no default notice was sent, because the first letter i received from solicitors was dated 11/08 and their default balance is 09/08.

[1littleduck]

Bad start.....I cannot fill the claim form in online as the password or claim number does not match, so I will post it back to the court by recorded delivery tomorrow...

[1littleduck]

The only thing with the irresponsible lending thing is I think a Judge will just say to you "why didn't you send the card back if you didn't ask for it" ?

 

Not what you want to hear I appreciate, but you should be prepared for it!

 

Hi KER, very confusing this, as I have so many debts... the irresponsible lending is with the HSBC,............ it is the HFC bank that are taking me to court at the min, and the HSBC can wait for a while as they have sent me the agreement and it is a legal one, they turned me down in june for a equity release on my morgage as I had so many debts, then when they agreed to give me the morgage to pay the debts off, well some of them, they then issued me with the credit card that I couldnt remember applying for....withan 8k credit limit on it....I think this is very irresponsible...but that is not my main worry at the min...it's the HFC that is causing the trouble...

I really dont know how I get any sleep with all of this going on.

The one thing I have noticed is that the agreement from the HSBC has the words credit agreement on the form, the HFC has got application on the form, so I am not sure if the HFC agreement is legal.

[adamski]

Hi

The credit agreement does not have the prescribed terms on it.

 

On saying that on the bottom it says pages 1 of 4, do you have the other 3 documents?, someone who is more CCA minded than me should come along to help soon.

[emmaf01]

The credit agreement is an application form- how unusual! And by the looks of it, unenforceable. No wonder Rentons are nervous about you visiting "consumer websites" if that is all they have got!

[1littleduck]

Hi thanks adamski and emma for replying...

I thought that about the agreement, and it does say pages 1 of 4, but only the one shown is all they sent me, along with 6 statements.

What shall I do now?

I have to send my court sumons tomorrow by post, but this is only the acknowledgement, should I wright to the solicitors again and ask for a copy of the agreement not the application form, and a copy of the notice of default which I have not received and a termination of agreement, or what?????

Can someone help me as to what to do now please.....

[noomill060]

If that is all theyve sent you, I would acknowledge by saying I'm going to dispute the entire claim.

 

Thats an application form with no prescribed terms and totally unenforceable as it is.

 

They havent complied with your CCA request.

[noomill060]

No, no need to write to them to tell them how to do their job. They are messing this up (to your benefit) well enough.

 

You dont have to help them in their desire to cause you grief.

[noomill060]

No need to panic, theyve put their head in a noose and all you have to do is kick the chair away with your defence, and you'll get lots of help in doing that.

 

Dont worry and try not to lose any sleep over it.

[1littleduck]

Hi noomill, thanks for that, I have just read over the covering letter from the HFC and it states:

Please find beloe the account information relating to the account in accordance with section 78 of the Consumer Credit Act 1974

Date Account Opened: 14th January 2005

Payment due date 8th of each month

Origional Credit Limit £4000.00

aCCOUNT STATUS: Administered by Restons Solicitors

 

Please find enclosed the last 6 statements of your account and a copy of the Legal Agreement for your perusal. The statements enclosed will list any payments received or charges incured to date.

 

So they are saying that the application form is a legal agreement!!

[1littleduck]

Do I need to get a solicitor, or do I just go to court on my own?

OMG... how frightening, I have never been in court before.