court papers received re: HFC

[42man]

Ellies....what CPR did you send ?.....and have they responded to your CPR ?

[elliesnan]

Hi there the one you posted the link for and no reply as of yet

[elliesnan]

sorry Supersnooper postd the link!

[elliesnan]

l've been reading around especially people who have had dealings with HFC/Restons but l'm not sure exactly what to put in our defense as all cases are slightly different l guess!

[elliesnan]

they have sent back our CPR 31.14 request saying "it is not company policy to respond to unsigned documents"

[elliesnan]

we really need to start putting together our defence have found a pretty good one on geoffmr1 V HFC/ Weightmans bearing in mind we do have the CCA so pls can we have some help to put it together

[elliesnan]

pls can l have some help with our defence?

[elliesnan]

Bump

[fedup74]

Elliesnan, sorry I can't help you but if you need something really quick can you click on the red triangle to get the attention of the mods who can refer you to PT /x20 or someone who has the knowledge to help. Wishing you all the luck in the world with this shower!

[MARTIN3030]

Site team aware.Please be patient.

[elliesnan]

thankyou much appreciated

[caro]

Is that the full Particulars of Claim in posts 7 and 10? If so they seem very vague. Can you post the full POC exactly as it is on the claim please.

[elliesnan]

Hi Caro

The claimant claims payment of the overdue balance due from the defendant under a contract dated on or about 21/03/1997 in the sum of 12208.86

 

 

PARTICULARS a/c no xxxxxxxxxxxxxx

 

DATE ITEM VALUE

08/10/2008 Default Balance 12208.86

Post Refrl Cr NIL

 

 

total 12208.86

 

and thats it exactly

[elliesnan]

bump

[elliesnan]

l have been reading threads on here for about the last 3 hours. on my agreement there is an APR amount not an interest figure? therefore as it states in the CCA regs the following: Rate of interest A term stating the rate of interest to be applied to the credit issued under the agreement. Hope l'm making sense but from other threads l've looked at especially in the HFC forum this may render the agreement unenforcable.

[elliesnan]

ok i'ts 3.30 in the morning and l'm off to bed l think my defence looks like this not the correct prescribed terms on the cca

no terms and conditions ( on cca there is a couple of points " shown overleaf" there is no overleaf!

no default notice

no statement of account

and of course the no doubt mis sold insurances

 

hope l've got the main points down so any thoughts pls and need help wording it properly for the defence papers

[fedup74]

Hi elliesnan, have they added charges onto the total claimed too? I thought they had to send a default notice to take court action? Maybe I'm wrong. When is your court date?

[elliesnan]

hi fed up l am still waiting for an answer to my CPR 31 request so l do not know what if any charges are on it or if they have a copy of default notice. l am going to ring the court to see whatdate our defense needs to be in by

[fedup74]

Ok keep us informed. I'm sure you will get more experienced advice soon. Keep your chin up:)

[AndyOrch]

I would advocate submitting the following this can be input on line vis a vis MCOL using your password on the summons.Copy and paste and submit print off your reciept as proof and sit back.

 

 

A defence should deal with the claimants pleading and not be complicated and long in these matters. It should not contain references to cases etc. Do not forget you may have to argue that which is contained in your defence and so you need to understand that to which you are endorsing a statement of truth. Until the claimant pleads in an appropriate manner, you should not reveal all your 'cards'. I suggest a defence as follows:-

 

 

Defence

 

 

I Elliesnan make this statement as my defence to the claim brought by HFC

 

1.The claimants particulars of claim are vague and fail to disclose any cause of action, they appear to be an abuse of the process in that they fail to deal with the basic rules of pleading in accordance with the CPR

 

2.No documents supporting the claims in the particulars have been offered which the defendant needs to establish what agreement it is that this action is based upon

 

3.Without clarification of the claimants claim, the defendant is extremely disadvantaged and the claimants claim appears without merit

 

4.Further to above the defendant is unable to plead effectively or at all. The defendant is embarrassed.

 

 

 

 

The above is all you need to place in the defence.

 

You should write to the claimants solicitors as follows:-

 

' Herewith copy defence by way of service, the same having been filed with the court.

 

Please serve amended particulars of claim and plead yor clients case in an appropriate manner within 7 days, so that I am aware of the case I will have to meet at trial. I request that you attach to the particulars a copy of the agreement and Default Notice upon which the claimant relies. The matter will be transferred to my home court and the claimant will have to produce the document, in any event. In those circumstances you should plead in accordance with the CPR.

 

Failure to provide that requested in the time period provided for will result in application to the court. I confirm a copy of this letter will be produced to the court when the question of costs falls to be decided'.

 

 

Yours F Elliesnan

Send Rec Del and retain proof dont sign print

 

 

Regards

 

Andy;)

 

 

 

I tust the above is ok for you

[fedup74]

There you go! Thanks Andy

[elliesnan]

thankyou Andy and fed up defense to be in by 10 december. l have the cca agreement does this make any differance to putting in the defense you have kindly done Andy?As in post 41 l don't believe it has all the prescribed terms and obviously some of it is missing as it refers at least twice to " set out overleaf"

[AndyOrch]

Hi Elliesnan

 

Yes as above your request was incomplete and therefore they remain in default.

 

Could you clarify a little more on the PPI was it miss sold and what is its value?

 

Regards

 

Andy

[elliesnan]

ok andy thanks This was way back in 1997 it amounts to nearly 4k l suspect it was mis sold but of course too long ago to remember but obviously we will fight to have it removed if we lose in court

[elliesnan]

any thoughts Andy?