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    • There are two things to immediately clarify. Firstly, why did court papers go to the wrong address?  In 99% of backdoor CCJ cases here the person moves and doesn't update the vehicle log book address.  Or they move and they don't inform the parties who they are in legal dispute with of the new address.  Does either of these apply to you? Secondly, given this has been going on for over three years without presumably any ill effects on you, how important is it for you to have a clean credit file?  I ask as, if you do absolutely nothing, the CCJ will disappear in April 2027.
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    • Good evening. Hoping to keep this short and concise. Any help really appreciated! Sent originated from council tax in 2019.  I moved address for a new career 240miles away in December 2019 and have lived here ever since.  A distant friend resides at previous address.  A CCJ was filed regarding this debt in January 2020 but no correspondence was received my end or at the old address.  Move forward to this year; early April I learn of a letter received from Bailiff - Notice of Enforcement dated 13/03. Stated I had ten days to settle a payment/payment plan or £75 will be added after ten days from 13/03 and bailiff instructed to visit.  Obviously I was unaware of this letter till well after the time period passed. Attempted to contact Dukes via email but zero response. Asked for breathing space in order to check the original debt with the respective council (I wasn’t awarded a week of Housing despite being on UC for a short period due to a contract date given by the old employer).  29/04 a note was left at the old address stating a bailiff had visited. New balance £310 more than original outstanding.  I’ve since contacted both the council and the bailiff agent to state I’m more than happy to settle the original debt over a payment plan but at this stage they will not remove the fees despite all correspondence not being sent to me and obviously me only seeing them much later than one would have expected.  Tried live chat today with the company and firstly was told the fees will remain because I spoke to the enforcement agent - I have never spoken to him/her.  secondly told the fees would remain because “I tried to use their web chat service to complete an income form” - I have zero recollection of doing this and I also wonder if it’s another tactic? any help on where I stand with the fees added would be incredible. Thank you
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court papers received re: HFC


elliesnan
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Hi all have a thread about this in the General Debt forum but am not getting any help there so l'm starting one here. HFC loan taken out 10 years ago been making payments of £5 a month for many years! CCA request sent and agreement sent back it would seem to be in order as advised on my thread in the other forum. Recently the debt has been moved to a solicitors called Restons who very quickly rejected our monthly payments and lo and behold the court papers have arrived! There is £3629 IN PPI which we want to dispute plus there are bound to be charges in there as well. I understand that l need to send something like a CPR 18? is that right. Have just over a week to submit the defence papers so PLEASE can someone help?

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Hi Eliiesnan.....firstly can you post up here the Particulars Of The Claim ? (don't be too specifici with the figures)

 

Secondly you have 14 days to acknowledge the claim (are you sure you only want to defend part of it ?? - Have they provided any compliant default notices ? notices of assignment ? full statements for the duration ? (excessive charges)

 

After acknowledging the claim you have a further I think 14+3 days in which to submit a defence...

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Hi there,

 

Firstly have you received a default notice from HFC ?

 

You can do the AOS online here https://www.moneyclaim.gov.uk/csmco2/index.jsp

which will give you 28 days from the date on the CCJ form to get a defence together

 

I would Acknowledge service and state that you intend to defend the whole claim.

 

You will then need to send a CPR 31.14 letter ( Courtesy of x20 ) to Restons. ( read the thread and amend as neccesary ).

http://www.consumeractiongroup.co.uk/forum/legal-issues/159445-getting-them-reveal-their.html

 

Send this letter at least Recorded Delivery.

 

It may help further if you can scan or type up the POC of the claim (exclude all personal details, account no's etc.). Also if you do have the Default Notice then please post up.

 

Also, search through the forums, there's plenty to read about the actions of Restons\HFC, Restons and HFC.

 

Sorry can't advise further about the reclaiming of the PPI but I sure someone more knowledgeable will be along.

 

Any questions, just ask.

 

Hope this helps.

Edited by supasnooper
Corrected details. And can't type as quick as 42man

 

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l am a little confused about the CPR letter to send ( far too clever for me) l am obviously leaving out the part asking for the CCA as they have sent me that so am l using the rest ommiting the part about it being under 5k? is that right?

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Put the part requesting the CCA back in.

Look at your POC on the CCJ, this is what they wish to rely on.

 

And use the rest of the letter omiting the part about it being under 5k

 

REMEMBER, don't sign it and post Recorded Delivery Service.

 

Finally, take your time to understand the CPR31 letter and the relevant laws, this is your case and the better you know it, the better chance of success.

Read some other threads to give yourself an idea of what will happen next and the timescale involved and of course pick up some invaluable tips as well.

 

Good Luck.

 

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Particulars of Claim

The Claiment claims payment of the overdue balance due from the Defendant under a contract dated on or about 21/03/1997 in the sum of 12k ish( my words)

 

The contract they refer to is your Credit Card Agreement.

 

Also, Please can someone help with the reclaiming of the PPI element as I have no experience of this.

 

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Thankyou your a star Please click on the link and see what you think CPR request all done and ready to go. So l guess the next thing is what l am putting in for our defence all help greatly needed and much appreciated

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