HFC bank and Restons newbie needs help! ***WON***

[AndyOrch]

Hi nana buzz

 

Looking in as requested.Ok the DN is invalid because it does not allow time for delivery ie 14 days exactly did it arrive by @email;)

 

Regards

 

Andy:)

[AndyOrch]

Thanks for taking the time to look in Andy well it must still be in the snail mail as I have still never received it lol

 

Irrespective of whether you recieved it or not its invalid.Game over.

 

Regards

 

Andy

[AndyOrch]

By all means Nana draft it up and I will take a look later

 

 

Regards

 

Andy

[AndyOrch]

Hi Nana

 

I recognise most of the wording in the above;)

 

It needs a little sharpening but the basis is all there and quite factual.

I will amend it slightly for you this evening

 

Regards

 

Andy

[AndyOrch]

Not the same Perdita that i helped with her WS:D

 

Sought it for you this evening

 

Andy

[AndyOrch]

Witness Statement

 

 

1. This statement is made in opposition to the Claimant’s application for summary judgment and by which the Claimant contends I have no real prospect of successfully defending the claim against me.

 

2.On the 14/10/08 I sent by recorded delivery, a CCA request to HFC.This was recieved on the 16/10/08.They failed to respond to my request and were therefore in default

3.A further request was sent to HFC on 14/5/09,also advising that i now considered the account in dispute. A response was received from HFC on the 28/05/09 and that they would be conducting an investigation.

4,On 24th May 2009 I recieved a Summons from the CCB without any prior warning or notice from the Claimant.The particulars of claim contained collection charges which I believe to be prohibited under the consumer credit act 1974.

 

5.On the 2/6/09 received another letter from HFC saying that they are still investigating .I have still not received or had any acknowledgement of my Section 78 CCA request

 

6.A CPR .31.14 request was sent to Restons on the 6/06/09. I received an alleged credit agreement and a default notice on the 17/6/09

 

7. I will contend at trial that the Default Notice that Restons will rely on is valid as It does not allow the required 14 clear days service to remedy the breach This is considered to be an unlawful rescission of contract.

 

8.I filed my defence on the 25/06/09

 

9.On the 13/7/09 I received another letter from HFC 10 months late of my original CCA request and furthermore refusing to uphold my complaint.

 

10.On the xxxx I received a Witness Statement and Application for summary judgement bundle from Restons. They have failed to attach the Default notice to the bundle to which they have made reference to contrary to s.87 Cca 1974 and upon which their claim relies upon.

 

11.Furthermore as this became a formal case in dispute on the 26/10/08 Restons have no cause of action to bring this case in line with the Consumer Credit Act 1974 (Sections 77-79)

 

12.In the circumstances the court is invited to conclude that there are reasonable grounds to suppose that I will be able to successfully defend the Claimant’s claim at trial and that the Claimant’s application for summary judgment against me should be dismissed.

 

Date:

 

 

Statement of Truth

 

I believe the facts stated in this Witness Statement are true

 

 

Check that through Nana and complete the missing date

 

Andy

[AndyOrch]

Only if referred to ie Attched exib a etc etc.Make sure its not less than 7 working days Nana

 

Andy

[AndyOrch]

You can add the exibs ie were you state you requested a copy of your CCA (see attached Exib 1a)

CPR (see attached 1b ) etc etc but you will have to type them into the WS and attach the copies for all parties Court / Claimant

 

 

Andy

[AndyOrch]

Excellent News Nana

 

 

Delighted for you just in time for Xmas also;)

 

 

Kind Regards

 

Andy