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    • That is superb. To answer your question - Dear Mr Dhaliwal Change the sentence - As our disabilities were ignored and disregarded for the time taken I believe this is discrimination against us ... To - As our disabilities were ignored and disregarded for the time taken I believe this is discrimination against us contrary to the Equality Act 2010. Iceland have always been useless, not only in your case but in others, but I think if they realise they are breaking the law it will encourage them to act. I also think the letter is overlong and you could lose the paragraph - I cannot afford any unfair charges of this kind as I am severely struggling financially. I cannot work and am a carer for my disabled Son who also has a mental and mobility disability. I obviously do not have any disposable income and am in debt with my bills. So its an absolute impossibility for me to pay this incorrect charge - as the main points are made elsewhere.  
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HFC/restons claimform - £22k secured loan CO?


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Both letters now sent first class signed for post. I have sent them in seperate envelopes and did a cheque for both seperately (I got my husband to sign the cheque so they can't use my signature) so they cannot say that both requests were not received ( I wouldn't put it past them saying that there was only one request in the envelope!!)

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That is really sensible - I always send different letters/requests in different envelopes - it costs a bit more but its' worth it...

If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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Am actively reading - it's really great and helps build my confidence reading how people are standing their ground and beating the bully boys!! If i read enough hopefully something might stick in my little brain - but i wouldn't hold my breathe!!

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The important thing is to keep on top of the stuff and ensure that you chase them for replies and that, if necessary, you apply for an Order

If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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Write to the sols giving them 7 days notice to provide the docs -

 

Dear Sir\Madam,

 

I made a request for documents under CPR 31.14 on the 11th April 2009 to which you have failed to respond.

I hereby give 7 days notice for you to respond to my request or I will apply immediately for a Court Order seeking compliance together with my incurred costs.

Please find enclosed a copy of the CPR31.14 request for your ease of reference.

I look forward to your due diligence in the matter and look forward to hearing from you.

 

 

Yours faithfully,

XXXXXXX

 

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Ok - will send that 1st class recorded today. I have the bonus of a fax machine at work, so will also fax the sols a copy too!!

 

I know this is going to sound stupid - but what am i hopingto gain from getting all the info? is it to check whether the CCA is complaint and to check the balance owed against charges and fees etc??

 

What possible way to haev had of avoiding the CCJ and possibly a Charging Order??

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  • 2 weeks later...

Well I filed an embarrassed defence and low behold 2 days later i get a response from Restons!! They enclosed a fully compliant CCA and default notice and statements.

 

This was the letter that came with it.

 

Any suggestions what I do next please?

 

_______________________________

BTW HFC also wrote in reponse to my SAR and said I had to send proof of id!! I haven't reponded yet, but i guess something in the lines of "what you need ID for - it didn't stop you issue court papers against me at the address did it!" might just cover it!!

Reston%20letter%20anon 2.jpg

restons.doc

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Have tried adding another one - is that any better??

 

Yes I think there has been some charges added, although they don't seem to have increased the balance, but they are mentioned on the statements....

 

Yes - but there is an opening balance of almost £13k..

 

Have they given you statements from day one

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I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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Yes - but there is an opening balance of almost £13k..

 

Have they given you statements from day one

 

I think IGNM means that they need to prove how they got to the OPENING balance of £13k not the end balance....if they cant prove how they got to that start figure in the first place, how can they enforce the figure at the end?

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Are there any statements where they have added the charges on. Can you post both the agreement and also the Default Notice

If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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Yes, here are all 5 payments of statements (although restons referred to them as payment history.

 

there are several charges listed, although they don't appear to have come off the balance, they are just listed on there.

statements.doc

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Yep, here they are. Any thoughts???

 

The DN looks OK - I don't know about the CA - I don't know enough about the detail of the sums - hopefully somebody else will give a view on whether the sums are right or not.

If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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Yes, here are all 5 payments of statements (although restons referred to them as payment history.

 

there are several charges listed, although they don't appear to have come off the balance, they are just listed on there.

 

You didn't attach them...

If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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Have attched them now - i did warn you i wasn't the sharpest tool in the box didn't I!!!!

 

I'm pretty sure all is ok with the CA to be honest, i didn't think there was a enforceablity issue with this.

 

My main aim is to try and avoid either getting a CJJ or worse still a Charging Order. Restons are not playing ball and refuse to give me a break down of their figures, so i just don't know what to do????

 

Have attached a copy of the defence I submitted to the court on the 8th May 2009

anon def.doc

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I'm not sure if you have a defence - the DN seems right - it is for two instalments - I don't understand the other figures - they put the charges into the statement and then don't seem to include them in the balance...

If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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You and me both!! I haven't got a clue what is going on!!

 

The DN is for arrears up to that point. Some payments crossed with the issue of the DN, but I don't think that is really relevant.

 

I have filed the embarrassed defence, but I just don't know what to do now.

 

My issues are:

 

Amount owed

How the amount owed is made up

The DN dated on the 17th Feb states that £14386.94, plus the addition of £6909.40 - statutory refund of interest if i had settled the account making a total of £21.296.34.

 

However on the date mentioned on POC (24/03) the payment history gives a balance of £13789.66, so even if I add the £6909.40 that makes £20699.06 - meaning a difference of 597.28 - why?

 

Collection charge

What the collection charge is and how the collection charge is made up

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