HFC/restons claimform - £22k secured loan CO?

[yourturntopay]

I have a loan that I have made reduced payments on for the past few months (unsecured loan for just over 22K)

 

 

I have received a default notice but the defualt is not yet showing on my credit file.

 

 

Out of the blue and with no prior warning i receive a court form from their solicitors.

The company are now taking me to court (although I have been making regular payments via a DMP).

 

 

They have stuck a collection charge on, which I am disputing and have said I intend to defend the debt in full, although the chances are that i will admit to the actual loan amount and agree to continue the payments at the amount previously made.

At the current rate it would take us about 12 years to clear the debt - the loan had 5 years left to run.

 

I have a CPR request and am awaiting a response.

 

Reading through lots and lots of posts it would seem that the solicitors may decide to ask for Charging Order aswell as a CCJ - although there is no mention of this at all on the POC.

 

 

There is not a great deal of equity in our home (at the moment if we had to sell it would be negaitive as we have a fixed rate to have a ERC of 6% of the balance if we sell before April 2010)

 

Can they do this and how can i fight it if they try this tatic?

[42man]

Which CPR did you use CPR18 or CPR31.14 ? Was the default notice compliant ? May I ask what the POC's are ? (Particulars Of The Claim) but don't be specific with the numbers....

[yourturntopay]

I haven't got a clue which CPR i used - i just sent a letter to them asking for all the info - i found a template letter, but it didn't specify which CPR.

 

I think the default notice was compliant - it seemed to have all the required info and was correctly dated etc

 

The POC are very very basic. Just says I had an account that was openned on ++++++ with the company. Then gives the balance owed and collection charge.

[supasnooper]

Hi there,

 

Is there a possibility you could scan and post up ( minus personal details ) the Default Notice and the Particulars of Claim so we may explore further how a defence may be constructed ?

[yourturntopay]

Hiya

 

I haven't got a working scanner at the moment, but will see if some one else can scan it for me.

[yourturntopay]

I hope these work ok - am not very good with scanning!!

 

Is there anything else you need to be able to help me?

default.doc

Court form.doc

Edited April 23, 2009 by yourturntopay

[supasnooper]

Hi yttp,

 

thanks for posting the details requested.

 

I'll deal with the DN first - Unfortunately it would appear fully compliant.

 

The POC's - the claim is vague. ( BTW remove the barcode on the POC)

 

I am presuming you have CCA'd the claimants ?

[yourturntopay]

Have now removed the bar code - thanks for reminding me.

 

I haven't CCA'd them persa, but a copy was requested in the CPR letter that I sent, along with anything else that they might have on me - although I doubt they will repond to the letter!!

 

I have a copy of the agreement that they gave me when i signed for the loan - do you want me to scan that and post it up?

contract.doc

Edited April 23, 2009 by yourturntopay

[supasnooper]

Hi there,

 

Get the Consumer Credit Agreement request off ASAP to the Original Creditor.

 

 

Looking at what they've sent you, in my opinion, would not be enforceable as I don't see your signature.

 

 

Further, If you can afford the £10.00 fee is to send a Subject access Request to the Original Creditor. This should flush out all the relevant documentation they hold.

Edited April 24, 2009 by supasnooper
clarity

[yourturntopay]

On the orginial there is a space for the signature and says it was signed by the customer (I think the scanner was playing up and went a bit weird on the bottom of page)

 

Would the CPR request be the same as a SAR? The problem with a SAR is that they have 40 days to send all the info - but i need to get my defence in by the 8th May........

[supasnooper]

A CPR request goes to the claimants solicitor.

 

 

A SAR goes to the original creditor.

 

 

Make sure you get the CCA request off ASAP

[yourturntopay]

I will send a CCa request off asap, but as this loan is very recent i don't think there will be any problems with it and i'm sure they have a copy.

 

I sent the CPR to both compnay's litigation department and to the solicitors (i thought it would look good to chow i have made the maximum amount of effort to gain info to defend the case - as i'm sure they won't reply!!)

 

Do i need to SAR the company as well??

[yourturntopay]

Sorry - another question!!

 

Do i send the CCa request to their litiagtion department or to customer services???

[I've got no money]

As far as the CPR request goes - have you got a copy of it - You really need to send a CPR 31.14 request - the letter is in the thread

 

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

[yourturntopay]

This was the letter i sent

 

I have received the Court claim filed by your Company. To enable me to file a defence and counter-claim, I require specific information regarding the account to be provided forthwith. Given that this matter is now the subject of legal proceedings, you are obliged to disclose under the Civil Procedure Rules, the information and documents detailed below. The information must be furnished by the 30th April 2009, which gives you ten days to provide what has been requested. If you fail to comply, this will be reported to the Court, a copy of this letter will be provided as evidence to the same and an Order enforcing your compliance will be sought.

 

1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.

 

2. All records you hold on me relevant to this case, including but not limited to:

 

a. A transcript of all transactions, including charges (in particular the break down on the collection fee of £3550.09 and an explanation as to why this has been applied) fees, interest, repayments and payments and both the original amount of the loan and any repayments made to it the account.

 

 

b. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations

 

c. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with HFC

 

d. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

 

e. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

 

f. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

 

g. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

 

h. A genuine copy of any deed of assignment, or proof that you have a legal right to this money.

 

i. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

 

j. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

 

3. Any other documents you seek to rely on in court.

 

4. A copy of your complaints procedure, as required by the Consumer Credit Act 2006.

 

5. Clarification of the date you acquired the debt, what organisation you acquired it from, their registered office, their company number (if any) and what legal title they had to this debt, and what credit license number they had at the time that the debt was purchased or entered into.

 

I will require this information within the next ten days. I must advise you that if the information is not forthcoming, it will be reported to the Court that you are trying to frustrate proceedings and denying me the opportunity to file a defence and counter claim.

 

I would appreciate your due diligence in this matter.

 

I await your rapid response.

[I've got no money]

Thats OK

 

What you need to do is that if you don't get a response within the ten days that you've given them - do a chasing letter - tell them that the request was made under CPR 31.14 and that they are in default and that if they don't reply within 7 days that you will apply to the court for an Order and for costs

 

Can I ask when did you get the summons?

 

Have you filed the AoS yet

 

You need to make sure that the AoS and defence are filed within the time limits

 

If you can post either the summons OR just type up the PoC so we can have a look that would be realy helpful

[yourturntopay]

Sorry am a bit confused by some of the terms (1st case as a defenant!!) so i hope it's ok to clarify some bits?

 

Received the Summons on 18th April 2009

AOS (Acknowledgement of Service??) if so filed on the 20th April and I stated that I would defend in full

 

I send a chasing letter on the 1st May, but i am a bit concerned as it is cutting it very tight to file a defence.

 

What is the summons OR???

 

I have previously posted the POC and have scanned a copy of the court forms recieved (post 6)

 

What terrifies me is that this claim is for £26,000, so it won't be small claims and i am really worried about getting hit for costs

[I've got no money]

The fact that it won't be small claims is an advantage...you get, in my view, a much better quality of decision making in the Fast tract and Multi track than in the SCT. Its' also easier to get the other side struck out before trial

 

Sending a chasing letter on the 1st May won't be a problem

 

I personally would then wait until the 8th of May - you can then file a holding defence in which you state that you have made repeated requests for disclosure. Your defence is then well within time. On the basis of the PoC we can produce a nice holding defence

 

Then around the 10th of May I'd make an application on an N244 for an Order that they provide the information

 

If the info turns up we can draft a defence to suit

 

Can I just clarify - how much exactly are they claiming - I know that you've said 26k but does that include costs and court fees

[I've got no money]

The important thing to remember about any type of litigation is that it is a process that you go through step by step...and so long as you come back to us at every stage we'll guide you through it

[yourturntopay]

Thank you so much for the offer of help- was feeling quite scared but am feeling more positive now.

 

The defaut balance is £21296.34. The collection charge is £3550.09 making a total of £24846.43

 

Their costs are Court fee of £310 and solicitors costs of £100.

 

Since they filed I have made a payment of £127.73 and a futher payment os £149.70 will be made in May (just around the time i put the defence in). I would be offering payents of £149.70 per calender month to them.

 

Do I need to send the CCA request to the company as I also sent them the CPR letter which had the request for the credit agreement in that?? If I do need to send one - who do i send it to? Customer Services or their litigation Department?

Edited April 25, 2009 by yourturntopay

[supasnooper]

CCA request to customer services of the creditor.

 

CPR letter goes to the claimants solicitors or the address in the second box on left hand side of the Particulars of Claim

[I've got no money]

Thank you so much for the offer of help- was feeling quite scared but am feeling more positive now.

 

The defaut balance is £21296.34. The collection charge is £3550.09 making a total of £24846.43

 

Collection charge - what collection charge???

Their costs are Court fee of £310 and solicitors costs of £100.

 

Since they filed I have made a payment of £127.73 and a futher payment os £149.70 will be made in May (just around the time i put the defence in). I would be offering payents of £149.70 per calender month to them.

 

At this stage I would n't pay in May - at this point hold onto the money

 

Do I need to send the CCA request to the company as I also sent them the CPR letter which had the request for the credit agreement in that?? If I do need to send one - who do i send it to? Customer Services or their litigation Department?

 

The CPR letter needs to go to their Solicitors - whether its' in house or an external Solicitor

CCA request - won't do any harm to do it and in fact while you're at it you may as well do a data protection act SAR - both go to the company

[yourturntopay]

Thank you very much for all your help

 

Re collection charge - that was my question too!! Haven't got a foggest what that is all about!! when i phoned restons they said the comany put it on when they passed it on for court action.

 

If I still pay them in May then at least it shows the judge that i have demonstrated that I am willing to stick to a payment plan - so perhaps it will stop further action (i.e. a charging order being made??)

 

I don't think there is anyway of avoiding a CCJ, so isn't best i pay of what I can to get the balance down???

 

The CPR letter has gone to the solicitors - i sent it 1st class signed for and they got it on the 23rd April. I also faxed a copy on the 21st April to them too (I sent this before i knew it had to go just to the solicitors so I also CC'd the company's litigation department into the letter - at least they can't say they didn't get it!!)

 

I will send off a CCA and a SAR 1st class to them on Monday. Where do i find the templates for this???

[I've got no money]

Well if they do eventually get a CCJ I'm pretty sure that it won't include over £3.5k for a collection charge.

 

If they do get a ccj - the idea is to get an instalment order whicch so long as you comply with it stops them getting a charging order

[supasnooper]

Utter tosh from Restons re. the collection charge - This is levied by Restons and is an unlawful penalty. ( I'll bet it's about 16% of debt without even looking or working it out).

 

 

Err, I think there may be plenty of ways to avoid the CCJ.

 

You must get the CCA request in ASAP