court papers received re: HFC

[elliesnan]

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?

[elliesnan]

O and do we send the AOS back first ticking the I INTEND TO DEFEND PART OF THIS CLAIM and how do we get it changed to our local court?

[42man]

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...

[42man]

Can you scan/photo the agreement and post it up here ? (minus the personal details)

[supasnooper]

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 November 12, 2008 by supasnooper
Corrected details. And can't type as quick as 42man

[elliesnan]

Thankyou for all that advice A default notice may have been issued but this debt goes back to 1997 will this make a differance?

[elliesnan]

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)

[elliesnan]

done AOS on line l presume l do not have to do it for both of us? it is a joint claim

[supasnooper]

Hi there, have you noted my advice on your other thread on removing your personal details ?

 

Restons are well known for patrolling these forums, so be careful when posting personal details.

[elliesnan]

sorry bit more in the POC'S a/c number

date item value

08/10/2008 Default Balance 12k ish

Post Refrl Cr NIL

 

then the total

[elliesnan]

Super snooper all done thanks

[42man]

I'll move this to the legal issues forum where hopefully you will get some more advice / comment

[elliesnan]

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?

[supasnooper]

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.

[elliesnan]

in posts 7 and 10 l've put whats in the POC'S

[supasnooper]

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.

[elliesnan]

sorry do you mean CONSUMER cREDIT Agreement? l'm trying to post it on here l've erased all the personal info just cant remember how to get it on here!

[elliesnan]

..

Edited November 13, 2008 by freakyleaky
Removed document as requested.

[elliesnan]

http://i252.photobucket.com/albums/hh16/elliesnan/family161.jpg

 

 

THIS LINK TAKE YOU TO THE DOCUMENT THAT SHOWS NO PERSONAL DETAILS.

Edited November 13, 2008 by freakyleaky
added working link. (hopefully)

[elliesnan]

.

l've asked for the other one to be deleted l edited all personal info but it put up the old one! hope the link is ok

[freakyleaky]

Hi eliesnan. The link you have posted is not working.

 

I have altered the link and is now ok.

Edited November 13, 2008 by freakyleaky

[elliesnan]

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

[elliesnan]

anyone had a look at the CCA? l would like some opinions on it

[elliesnan]

bump

[elliesnan]

can someone click on the link for my CCA pls? l need some opinions on it? plus can l have some help filling out the defense papers