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

[r&b]

shud it not have a right to cancel the agreement within a specified time? its not the clearest but i cant see it near the sig anyway.

[yourturntopay]

There is about settling earlier etc. I don't think that unenforceablility is going to be a defence in my case.

 

I just want to ensure I am being charged for wjhat is just and right.

[I've got no money]

I think that they have very serious problems with the collection charge - that may be where they've put the account charges...

 

What you could do is make a CPR Part 18 request for further information and ask threm to answer those three question and also ask them to explain on what basis those charges have been imposed

 

There is an example of one here

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/169400-hfo-services-help-wanted-13.html#post2124683

[yourturntopay]

I have written to them as asked them specifcally about the collection charge and all fees/interest and additional charges - but they ignored me and said that CPR didn't apply.

 

I did speak to them on the phone when i first got the court claim through and they told me it was nothing to do with them and that HFC had put the charge on - but going by the payment history the charge isn't mentioned.......

 

I have written to HFC with a SAR, but they wrote back stating i had to provide ID and proof of address!!

[I've got no money]

shud it not have a right to cancel the agreement within a specified time? its not the clearest but i cant see it near the sig anyway.

 

I think that depends on where its' signed - I think (and I could be wrong) that if its' signed on trade premises that you don't get cancellation rights

[yourturntopay]

It was, i signed at their office and they went through everything with me, so i think that line of defence is dead in the water.

 

However the figures they have put forward are something out of a grim fairy tale!! I just can't figure it out and they aren't supplying the info to help me with it

[I've got no money]

I have written to them as asked them specifcally about the collection charge and all fees/interest and additional charges - but they ignored me and said that CPR didn't apply.

 

I did speak to them on the phone when i first got the court claim through and they told me it was nothing to do with them and that HFC had put the charge on - but going by the payment history the charge isn't mentioned.......

 

I have written to HFC with a SAR, but they wrote back stating i had to provide ID and proof of address!!

 

They've issued proceedings - of course the CPR applies

 

Make a formal CPR Part 18 request - give them 7 days to reply

[yourturntopay]

I have done that and they acknowledged that it was CPR request - they said it didn't apply to them - bless their little cotton socks!!!

[I've got no money]

Can you post a copy of your CPR letter - I just want to have a look and also a copy of their response

 

I want to check which template you used

[yourturntopay]

Have added up all the payments received and deducted them from the loan amount (including the interest) and the balance is £20.645.30 at the time they filed a claim at court, so there is a difference of £651.04, which I can only assume is charges?????

[yourturntopay]

Here is what i sent them and their response.....

reston.doc

Restons 20th April 09 2 anon.doc

[supasnooper]

Can you post a copy of your CPR letter - I just want to have a look and also a copy of their response

 

I want to check which template you used

 

 

CPR letter is at post #15.

 

I would suggest that a 7 day Letter Before Action to the solictors would be in order.

[yourturntopay]

I filed the embarrassed defence on the 8th may, so what happens now?

 

The figures are completely baffling and without a proper breakdown i can't see what I can or can't admit to, but how do i get reston's to respond and hand over the info??

 

I have SAR'd HFC, but they want proof of ID and address before they hand any info over!!

 

I've had a go at a couple of letters (Ih haven't sent them yet) - any thoughts??

 

SAR response to HFC

Thank you for your letter dated the 5th May 2009, which I received on the 9th May 2009. the contents of which I have noted.

 

I am extremely surprised and confused to your response of “we require proof of your address and identity”. I would like to point out that you were more than happy to issue court papers to me at this address, so I can only assume that you were convinced of my identity and proof of address enough to do this, so fail to see why you need the extra identification now.

 

I request that the required information is sent to me without further delay, especially as this matter is now before the court.

 

Should the requested information not be forth coming, then I will have no alternative to bring this to the court’s attention and ask they resolve the matter.

 

I trust that you will treat this matter with the urgency it requires.

 

 

 

Response to restons

Thank you for letter dated the 8th May 2009, which I received on the 9th May 2009, the contents of which are noted.

 

You refer to a letter that I have “allegedly” received explaining your instructions, the account details and then balance owed. I explained during a telephone conversation with a member of your staff on the 20th April, that I have never received such a letter from you. The only correspondence I have received from you is the letter dated the 8th May 2009. A copy of this letter has never been sent either, despite it being requested from you during the telephone conversation. Without seeing a copy of the letter I can not confirm or deny its contents.

 

I am very disappointed and frustrated that you have not provided the required information requested by me under the CPR. Although I appreciate and that you for sending me a copy of the default notice and the credit agreement and payment history, the information is not enough for me to be able to understand the claim put before me. I have specially requested information in respect of the collection charge, this information has not been provided by yourself. There is also a discrepancy between the amount you claim is owed (and have put before the court) and the balance shown on the payment history, which I would like clarified please.

 

I have filed a defence with the court stating the above and I enclose a copy for your information. I also enclose a copy of my original request for information

 

I trust that you will be able to supply the required information, so that this matter can proceed quickly before the court. Should you not comply with this request within 7 working days, the I will have no alternative to ask the judge to make an order for you to disclose the required information.

 

I would appreciate your due diligence in this matter and await your rapid response.

CC: Northampton County Court

[supasnooper]

As for Restons, I'd add this to your letter asking why they have added such a large amount to the loan and ask for a breakdown of all their charges which you do NOT recognise especially so when the Office of Fair Trading say this -

 

Charging for debt collection

2.9 Charges should not be levied unfairly.

2.10 Examples of unfair practices are as follows:

a. claiming collection costs from a debtor in the absence of express contractual or other legal provision

b. misleading debtors into believing they are legally liable to pay collection charges when this is not the case, for example, when there is no contractual provision

c. not giving an indication in credit agreements of the amount of any charges payable on default

d. applying unreasonable charges, for example, charges not based on actual and necessary costs

e. applying charges which are disproportionate to the main debt.

 

 

above notes (courtsey of 42man)

Edited May 12, 2009 by supasnooper
added

[yourturntopay]

Restons are saying they didn't add anything to the debt, they are just the solicitors doing the legal work for it. They say it was transferred with the balance and collection fee as stated on the court papers.

 

HFC said they didn't add it - however this is all verbal and I didn't record the conversations!!

 

Without actually getting my mitts on actual staments and paperwork i will never be able to work out what the true picture is.....

[yourturntopay]

An update on where i am with this.

 

I entered an embarrassed defence online on the 8th May 2009.

Courts have written to me and stated that they have sent the OP a copy of my defence and await their instructions. If the OP do not respond within 28 days then the claim will be automatically stayed.

 

After a lengthy phone call to restons I finalLy got them to admit the balance was wrong on the claim form and that they had not deducted any payments from the balance that i had made since the defualt letter date (which was the 17th Feb) They have sent me a letter that confirms that the payments made in March and April should have been deducted and confirmed the amount of those payments. During this phone call restons have confirmed that they want a charging order on my property and will askign the court for this when a CCJ is issued. tehy said that they would stop proceedings if I agreed to a vol CO. I stated that my husband would never agree to this and the proptery is in joing names. I alos stated that the house is in negative equity - they said that didn't matter as it would eventually be out of NE, so the debt would be secured in time.

 

There has been no correspondance sent to Restons from - I never sent them a copy of the defence as the court have doen that and i haven't sent them any further letters chasing the info required in the CPR as i felt the embarrassed defence covered that.

 

I have sent HFC a chasing letter re my SAR but haven't heard anything from them and they haven't cashed the cheque either - the 40 days will be up 10th June 2009.

 

I have received my agreement from them and all is as it should be with it.

 

Any advice on what i do next please???

[mandyjayne]

Hi there

 

they cant get a charging order unless you default on the CCj..DO NOT agree to it...

 

sure someone will add to this and help you with the other questions

 

good luck

 

MJ:D

[Blossomandebony]

 

After a lengthy phone call to restons I finalLy got them to admit the balance was wrong on the claim form and that they had not deducted any payments from the balance that i had made since the defualt letter date (which was the 17th Feb) They have sent me a letter that confirms that the payments made in March and April should have been deducted and confirmed the amount of those payments.

 

 

Hi,

 

It seems that they have shot themselves in the foot. They cannot just change the amount on the court claim form - it is incorrect, therefore invalid.

 

They will have to start a whole new claim or ask the court's permission to change the details.

 

BAE

[yourturntopay]

I haven't actually told the court that the balance is wrong - I have stated in my defence that because they have not supplied me with the required information I am unable to either accept or deny the claimants POC.

 

Should I do anything or wait to see if restons respond in the 28 days???

[Blossomandebony]

You've done your bit, got your defence in and the request or information - now just wait and see what Reston's reponse is and post it up when it comes.

 

If they don't respond to your request for information you can apply for an order to strike out their claim . . . But for now, sit tight and hope that their incompetence continues . . .

 

BAE

[yourturntopay]

Thanks, so I just wait until the 28 day deadline passes and then ring the court to see if the case has been stayed. If it has then I need to work on a strike out request??

[citizenB]

I see MBNA are playing silly B's with regard to your SAR (sunflower's thread)

 

Data Protection Act Good Practice Notes:

 

2. Do you have enough information to be sure of the requester’s identity?

Often you will have no reason to doubt a person’s identity. For example, if a person with whom you have regular contact sends a letter from their known address it may be safe to assume that they are who they say they are.

 

http://www.consumeractiongroup.co.uk...1&d=1242456802

 

The link above takes you to the whole of the DP practice notes, but I would think that by issuing a claim against you means they know damn full well who you are.

[yourturntopay]

I responded to them stating that when they first wrote to me, but they sent a further letter stating that they refused to send any info without confirming my ID. To save time I have now sent the info they require (they have already sent a signed compliant CCA, so them having my signature isn't a great concern) I need to know what charges they have placed on the account - especially if restons' respond to my defence as the collection charge is of great concern to me

 

I contacted the court as the letter from them said 28 days for the claimant to respond which would have been this weekend.

 

However the court said it is 33 days, not 28, so the date they have to respond is the 10th June.

 

So far neither HFC or Restons have responded to my defence and i have had not had any thing from them, nor have the court.

 

Are Restons on dodgy ground because they their figures were out because they had not taken into account any payments made on the account and took the default balance owed, despite 4 payments being made between the default date and applying for court. These payments are shown on the payment history they sent me and they have sent a letter confirming that the balance is incorrect and issued a new balance (although that is now also out of date as we have made further payments)

 

We have continued to make payment via a DMP, as we felt this could help our case and show the judge that we are the reasonable party and are able to adhere to a DMP and make payments on time.

Edited June 4, 2009 by yourturntopay

[citizenB]

just giving you a little bump, I added your link to the post on sunflowers thread so you should have some visitors soon:D

[yourturntopay]

Thank you very very much indeed.

 

I am rather hoping that restons have gone away with their tail between their legs - but I think they are just stringing it out to the last minute and will hit me with a response to my defence -so i want to try and be prepared for this.

 

I want to avoid a CO at all costs - a CCJ won't make any difference to me - my credit record is shot to pieces now anyhow, so i might as well get all the defaults/CCJ's in asap, they quicker i get them - the sooner they go off my record!!

 

I am a bit concerned that they might be able to charge interest after judgement (if they get one) and that I might get hit with costs for defending - how do i avoid this?