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

[nana buzzz]

After checking account numbers this document has the wrong account number..It is for another HFC account for a very small amount and is not for the account subject to the current court proceedings..So no they have not sent me a default notice for the larger amount... I also do not have a termination notice in my possession

Edited June 4, 2009 by nana buzzz

[I've got no money]

 

 

No - that's not the statutory Default Notice

[nana buzzz]

Thank you

 

I do not have and have never received a default or termination notice..so what are my options. Do I file that as part of my defence??

 

Also in the CPR 31.14 where it says

 

2 the assignment*

 

3 the default notice*

 

4 the termination notice*

 

5 [any other documents mentioned in the Particulars of Claim]*

 

* delete if not mentioned in the Particulars of claim.

 

what part of this do I delete..non of these are mentioned on the court papers

Edited June 4, 2009 by nana buzzz

[I've got no money]

Thank you

 

I do not and have never received a default or termination notice..so what are my options. Do I file that as part of my defence??

 

Yes - its' an important part of the defence - No DN and the proceedings are fatally flawed

[Mr Happy]

Thank you

 

I do not have and have never received a default or termination notice..so what are my options. Do I file that as part of my defence??

 

Also in the CPR 31.14 where it says

 

2 the assignment*

 

3 the default notice*

 

4 the termination notice*

 

5 [any other documents mentioned in the Particulars of Claim]*

 

* delete if not mentioned in the Particulars of claim.

 

what part of this do I delete..non of these are mentioned on the court papers

 

 

When I did it the first time I asked for everything mentioned even though I didn't know what it meant, If you ask for everything and see what if anything you get back it doesn't do any harm having anything twice.

 

With Restons you are likely to get a letter saying something on the lines "we do not respond to unsigned draft documents" keep it as a bit of extra ammunition in court if you need, it shows how helpful they are when you are trying your best to resolve the issue.

 

If they have no DN then they can not take you to court.

 

 

A little tip is to keep all correspondence and the envelopes make a note on the envelope when it was received and keep it with the document that arrived in it.

[nana buzzz]

Thanks so much again mr happy and ignm.

I will do that,as they say nothing ventured nothing gained.I am fully expecting Restons to be difficult and as you say it's all extra ammo.

 

I am going to copy up the CPR 31.14 now and also write to Restons telling them to remove the collection charge from the court papers..will send both signed for.

 

I might appear to be a self confident person..but this has given me nightmares for months..I am calm and brave now, just hope I can keep it up for court The help I have received thus far is invaluable to me and I would like to say thank you from the bottom of my heart.

[nana buzzz]

Do I send that to HFC or Restons??

 

The CPR 31.14

[someone_else]

The CPR 31.14

 

You send it to the address on the claim form in the second box (address for sending documents) so it should be to Restons.

[nana buzzz]

Thank you someone else.

here is the letter i am sending to restons regarding the collection charges.

 

 

 

[r&b]

i havent read the whole thread but why wud u send them that nana?

[nana buzzz]

Politely tell Restons, in writing, to remove their collection charges - they are not allowed under OFT guidelines.

 

http://oft.gov.uk/shared_oft/reports/consumer_credit/oft298.pdf

 

 

That's why

[r&b]

lol...thats fair enough then..

just seemed odd in the context of the rest of it. i thought a flawed POC cud be used in a defence but im sure SS has taken that into account.

[I've got no money]

lol...thats fair enough then..

just seemed odd in the context of the rest of it. i thought a flawed POC cud be used in a defence but im sure SS has taken that into account.

 

Yes R&B - it needs including in the defence

[nana buzzz]

Hmmm probably just as well I didn't get that letter sent today after all,

But it felt good writing it

 

So I keep it to myself and bring it up in my defence.

 

Also, someone here might know, But is it usual for zeros to be put in front of your a/c no: on a POC?? eg: say my a/c no is 123456 and that is the a/c number that is on all my letters, but on the POC it is 0000123456.

[r&b]

i would say thats ok as its generally bank/fin institution policy to have a system that can handle lots of future accounts, so they dont need to reprogramme their entire system once they run out of noughts.

[nana buzzz]

Ok, many thanks r&b

[nana buzzz]

CPR 31.14 sent to Restons today..Will now wait and see what they come back with.

 

Thanks for the help people

[sleepingdog]

Hi nana , I'm subbing to this post as I too have suffered with HFC and now restons , I intend to fight all the way . By the way I have had at least 5 default notices sent to me regarding my account in the last 18 months all faulty .Restons have already added their 16% collection charge ,lets hope it will be on the claims form lol.

sleepingdog

[r&b]

Hi nana , I'm subbing to this post as I too have suffered with HFC and now restons , I intend to fight all the way . By the way I have had at least 5 default notices sent to me regarding my account in the last 18 months all faulty .Restons have already added their 16% collection charge ,lets hope it will be on the claims form lol.

sleepingdog

 

have u got ur own thread SD? and have u had a termination notice yet or them demanding the entire sum be repaid at any point?

[sleepingdog]

Hi r&b ,will be starting own thread over weekend, yes to requesting full payment , need to check to see if I have received termination notice ( so many OC,DCA ,solicitor and court letters over last 24 months regarding many accounts that its hard to keep track) .

sleepingdog

[r&b]

Hi r&b ,will be starting own thread over weekend, yes to requesting full payment , need to check to see if I have received termination notice ( so many OC,DCA ,solicitor and court letters over last 24 months regarding many accounts that its hard to keep track) .

sleepingdog

 

sorry for sml hijack of the thread but requesting full payment is deemed as termination...from that point on (when they say they will terminate) they cannot issue any more DNs as the account is no longer running.

[nana buzzz]

Hi again..Well I got my response to the CPR from restons on saturday. Will post the docs I received from them soon.

 

Hope this thread helps any who are having similar troubles to me

[nana buzzz]

[nana buzzz]

 

 

This is the signed credit agreement I requested back in October last year..funny how they can produce it now.

[nana buzzz]

I had never seen this document until it arrived saturday..it says a CA dated the 6th November 2007. yet the actual CA was signed on the 24th October 2007.

 

Edited June 16, 2009 by nana buzzz