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

[sunflower99]

Thank you for your letter dated ---2009 in connection with my subject Access Request.

 

Your letter requests "For security reasons we require you to provide a form of positive identification (an example of acceptable identification would be a copy of a driving licence or passport which includes your signature), before you comply.

 

To the present date you have easily sent statements and correspondence containing my sensitive and private statements and personal financial information to my address. I am asking myself now why all the concern regarding security regarding my information, and why you are doubting that I am not the right person? I request the reasoning behind the length of time for you suddenly to be worried about this.

 

I am confident an organisation the size of MBNA are aware, disclosing data without adequate checks of identity is contrary to the 7th principal of data protection, listed in schedule 1 of the Data protection Act 1998:

 

7. Appropriate technical and organisational measures shall be taken against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data.

 

I would like to advise that clarification with Government bodies assured me that this is purely MBNA's own internal proceedures, and not really required.

 

I am concerned that I do not hold either a passport or drivers licence, and even if I did, in today's society about taking care of our personal information, I am not happy in sending in the post anyway.

 

I am sure that an alternative compromise can be sought, either you accept I am who I am, or you can offer me alternatives that I will find acceptable. If this cannot be resolved I will contact the Information Commissioners Office.

 

I look forward to hearing from you in writing within the next 7 days.

 

Yours faithfully

[sunflower99]

Hi Yourturntopay

Saw on my thread that your crediter giving you problems with SAR request and asking for documetation ,Their usual ruse for delaying things!i sent the above to MBNA and was invited to phone their compliance dept and go over security details with them over phone to confirm my identity!

[sunflower99]

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?

Hi yourturntopay!

A court summons is a new thing for me too so would be interested in answer to that question!Good luck wioth your case,I hope you give these plonkers grief!At least we are lucky we found CAG!

[yourturntopay]

Absolutely, am really grateful for the advice given, so nice not to be on your own battling. Reading other people's stories really helps, as it helps understand the process and what happens and why.

 

I would like nothing more then giving Reston's a hiding. i'm really annoyed as they didn't even send me an LBA or anything - just issued court proceedings.

 

I'm hoping that if it gets as far as court then the judge will look favourably on us as we have made consistent payments since entering the DMP and can prove this. I'm just concerned about any additional interest being added or costs.

[citizenB]

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?

 

You might find the answer to some of your questions re charging orders on the following thread. If not, then ask your question on there, I am sure some one will be able to answer it for you.

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/201631-why-does-law-allow.html

 

HTH

[yourturntopay]

The deadline is now up and according to the court they haven't received anything as yet....

 

However they are 2/3 weeks in arrears with processign, so she said i would have to wait another 2/3 weeks to know if they have responded.

 

The case will be automatically stayed, but if they have responded within the 33 days then the stay will be lifted.

[yourturntopay]

Well I think this is good news!! I have contacted the court and they confirmed that the case was stayed on the 11th June 2009.

 

The backlog that the courts had is now from the 15th June onwards, so it is confirmed that Restons did not respond within the courts time scale.

 

If they want the case reactived then they will have to submit an application.

 

What should I do now? Is it worth sticking in an application to strike out - or let sleeping dogs lie? I don't want to risk Restons reactiving the claim, so i suppose the long it remains stayed the more likely an application for the stay to be lifted with be refused

 

It's weird that they spent near on £400 taking it to court and then not follow through.....

 

Another thought (god it hurts!!) How do i go about claiming back charges (if I ever get my SAR info from HFC to figure this out!!) if the case is stayed in court?

[yourturntopay]

have already signed this petition.

 

The case has now been stayed - it was stayed ont he 11th June as Restons did not respond to the court

 

I don't really know what my next step is and when I should take it

[yourturntopay]

Well restons are now arguing that they did respond within the time and that they have evidence to prove this, so it looks like the stay will be lifted and the case will be transferred to my local court. I haven't heard anythign offical from the court as yet, but i think it's a matter of if not when.....

 

Please could i have some help with the next step. HFC have STILL not replied to my SAR (I sent the request on the 23rd April - they have cashed the cheque), I hadn't chased this as the case was stayed and i didn't want to rattle any cages.

 

Restosn want a Charging Order and have stated that they intend to go for one as soon as the CCJ is granted.

 

The amount they have claimed does not include any payments paid to the account since the default was issued (even tho the default was issued in Feb and they issued the court claim in April, so there are several payments not deducted from the balance) and they have stuck a £3550 colelction charge on top.

 

I have been making reqular payments ever since Feb (although they are about 40% of the orginal payment required)

 

Any ideas on what i do next please?

 

HELPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPP

[surfaceagentx20]

YTTP,

Unless I’m horribly mistaken, this case of yours has not resulted in a judgment against you. You simply entered a defence and albeit after a delay, Restons have said their client wants the case to proceed. So the case gets transferred to your local court and will be managed from there. There’s no prospect of a charging order at this point in time. If Restons are posturing and puffing their chest out, saying they are going for a charging order, personally I regard that as unprofessional if not immature and ridiculous.

What you do in the meantime is research around and polish up your Defence. What is the Defence by the way?

x20

[yourturntopay]

I don't think i have a defence tbh - but then all they have sent me is the agreement and defualt notice and a payment history. The default and agreement are all ok. I have been disputing the collection charge and the balance they claim is owed as i know that is wrong because the payments have not be creditted as they should have been.

 

I'm certain that charges have been applied, but it's very difficult to know if they have been added or not as it is not clear on the payment history - it mentions charges but they are not taken off the running balance - so i'm not sure if they have been deducted or not.....

[surfaceagentx20]

YTTP,

In which case the proper thing to do is seek a full and detailed historical statement of account and admit only to that which is properly due, taking issue with anything else which smacks of penalties. That way what goes forward to be decided remains something on which you will have reasonable prospects of success. If the whole claim goes forward for trial in circumstances where the claimant is likely to get judgment for a substantial aspect of the claim though not all of it, I fear you would end up being ordered to pay a substantial portion of the claimant’s costs on top. On the other hand, if the penalty sums were the only sums in issue it might be the case that the value of that issue was below £5,000.00 with consequential costs savings to you because the issue would be decided on the small claims track.

As for the sum you admitted, you would be at liberty to ask the court to direct the admitted sum be paid by instalments assessed by the court after reference to your means.

 

x20

[yourturntopay]

I think i follwoed that - but i'm really not sure

 

They are claiming for £25,5000.

I think the balance (Minus charges, collection fees and payments made) is around £18,000

 

I have requested full broken down statements, but they haven't come as yet.....

 

What do you suggest i do - I'm tryign at all costs to avoid a CO, but I don't want to end up with lord knows how much costs on top either.....

[yourturntopay]

I have received a letter from Restons and a AQ for my local court.

 

Restons have written to me (without prejudice) and agreed to drop the collection charge. They have given a balance of Just over £21,000, but I know there are charges in that amount but without statements i can't prove any of them or calculate the cost.

 

Restons have said that they will look at a repayent plan. What should i do?

[yourturntopay]

Does any one have any help for me please???

[yourturntopay]

I have a creditor taking me to court but has agreed to stop proceedings and accept my repayment proposal if i agree to a voluntary Charging Order. They have also agreed not to add on any further costs/charges/interest to the debt if i agree. They said a consent order woudl be filed with the court and if i default on payments then they would apply for judgement.

 

The debt is a large debt and will take me over 12 years to clear, so if the court proceedings go ahead they will go for a CO to secure the debt anyhow.

 

Should i agree??

[BankFodder]

Yes. I think that you should.

 

The CO would probably be granted against you anyway and there would very definitely be the risk of costs etc. Unless you think that you have agood defence, you should agree but get it all in writing and in the form of a Tomlin order signed off by the court.

 

Once you have done this then you are safe as long as you keep up the payments.

 

After that you can examin the possiblity of challenging the enforceability of the debt if you think that is appropriate or claiming back any charges which have beenlevied against you

[yourturntopay]

The agreement is all ok, not anything I can challenge and the default notice is eactly as it should be, so i have no defence against a CCJ being granted.