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


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hi nana, might be useful to have a look thru this thread by IGNM it shows how to put a defence n skeleton argument (he espouses keeping the defence simple and easy to understand and augment with statutes n case law in the skeleton if needed) forget the underlining as it was for an amended defence in IGNMs case.

maybe if u have a crack at it and post it up people will be able to give u their opinions.

 

http://consumeractiongroup.co.uk/forum/debt-collection-industry/191754-arrow-global-ignm-1st.html

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My credit file was defaulted on 28/02/09 please can someone help me put my defence submission together please.

 

It depends how you want to go about it the link r&b provided to shadows embrassed defense is short and simple: http://www.consumeractiongroup.co.uk/forum/legal-issues/203469-mbna-ccj-some-advice-2.html#post2221057

 

(Though you'll need to change paragraph 3 to state they sent some documents but not the agreement).

 

Though the defence from here: http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/191754-arrow-global-ignm-1st.html#post2077122 by I've got no money may be better for you (taking out the assignment bits).

 

You may also want to include a bit about them not being allowed to claim the collection charge.

 

Basicaly all you really need to point out at this point is:

 

- The claim is vague (all they have said is you made a contract on or around a certain date - you could have made any number of contracts with HFC on or around this date, which one are they claiming for?)

 

- They have refused/unable to provide documents to support their claim.

 

- Deny their allegations and put them to proof.

 

- Ask permission to submit amended defence was docs are produced.

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Ahh I am finally starting to get my head around all this..Thanks to you guys :)

 

I will post up my summary defence today for it to be looked over,and i will also send the subject access request to HFC today. If I didn't know about this forum I think I would be in a bad way..Thanks so much everyone who has contributed.

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1) I, ********** of ************** make this statement as my defence to the claim brought by **************

 

2) The claimants particulars of claim are vague and fail to disclose any cause of action, they appear to be an abuse of the process in that they fail to deal with the basic rules of pleading in accordance with the CPR even allowing for the constraints of the bulk issue system

 

3) Documents received pursuant to CPR 31.14 are neither admitted nor denied and are vague in content and structure and as a result I cannot plead in defence to the claim.

 

4) Without clarification of the claimants claim, the defendant is extremely disadvantaged and the claimants claim appears without merit, the defendant asks to be allowed to submit a fully particularised defence should the claimant provide copies of the original documents he will rely upon.

 

5) Further to that above 4 paragraphs, the defendant is unable to plead effectively or at all. The defendant is embarrassed.

 

6) I seek the courts permission to submit an amended defence should the claimant provide copies of the original documents he will rely upon.

 

Statement of Truth

I believe that the facts stated in this defence are true.

I am the Defendant.

 

Signed:

 

 

I have left of the charges for now will do that for the full defence. Could some one please check this over for me..I would like to submit it online today :)

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Ok just got a letter from Restons dated 23rd of June saying that they acknowledge receipt of my request for documentation under the CPR and will respond in due course. huh?? Would they be entitled to resend any documentation if they have realised a mistake has been made??? Or are they,as I am beginning to suspect, a bunch of muppets.:confused:

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Restons are bullies who try their luck on pick on those that are vunerable or don't have support to fight against them!!

 

They also don't seem to have a clue what they are doing - my claim agianst them has just been stayed because they didn't respond to the court in time. They spent £350 taking me to court and then didn't follow through when I disputed it and sent an embarrassed defence in - they also stuck a £3550 collection charge on top!!!!

 

Hit them with requests and they will run away with their tail in between their legs.

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haha I was just reading some of your posts on another thread to do with Restons yttp lol

 

I need advise as to whether this embarrassed defence is ok....or not? thanks in advance

Edited by nana buzzz
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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:)

We could do with some help from you.

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Restons are bullies who try their luck on pick on those that are vunerable or don't have support to fight against them!!

 

They also don't seem to have a clue what they are doing - my claim agianst them has just been stayed because they didn't respond to the court in time. They spent £350 taking me to court and then didn't follow through when I disputed it and sent an embarrassed defence in - they also stuck a £3550 collection charge on top!!!!

 

Hit them with requests and they will run away with their tail in between their legs.

 

They've just replied to my CPR

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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

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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They've just replied to my CPR

 

But did it contain all the information that you requested? Normally they respond with "we don't have to supply this info" They sent me a DN, CCA and payment history that proved they hadn't deducted any payments off the balance (i'd made 3 payments) since the DN was issued, but had issued loads of charges instead!!

 

After arguing with them they admitted that the amount on the claim form was wrong and they hadn't claculated the balance correctly!!

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  • 2 months later...

Hi

Here are how things stand with my case at the moment since I submitted my embarrassed defence. Received a letter from the court saying they had received my defence and that Restons had 28 days to respond or the case would be stayed that was on the 25th of June. Well Restons did respond and I received an allocation Questionnaire from my local court. I completed and returned it...Looks like Restons want a fight so a date for hearing has been set for the 9th of October. They are saying I have no chance of defending the claim and are trying for a summary judgement :-x

 

Will post up all the paperwork I have got since then for my learned friends to look at :D

 

Thanks Nana

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Hi

Here are how things stand with my case at the moment since I submitted my embarrassed defence. Received a letter from the court saying they had received my defence and that Restons had 28 days to respond or the case would be stayed that was on the 25th of June. Well Restons did respond and I received an allocation Questionnaire from my local court. I completed and returned it...Looks like Restons want a fight so a date for hearing has been set for the 9th of October. They are saying I have no chance of defending the claim and are trying for a summary judgement :-x

 

Will post up all the paperwork I have got since then for my learned friends to look at :D

 

Thanks Nana

 

seems a common ruse nana (ive got a hearing next thurs with the OC using the same tactic). they give little evidence so u put in a holding defence, then they go for SJ as no defence has been put fwd.

if u have it, id suggest posting up the bundle/WS so others can help and then u need to trash it in every form if u can, in ur own witness statement. when is the SJ hearing?

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Summary Judgment - favourite tactic of Restons solicitors.

 

A Summary Judgment is applied for when the claimant believes there is no defence available against the claim.

 

They use this tactic to scare people into submission as when they submit their AQ they apply for the SJ hearing as well.

 

It is a cheap way for them to judge if your defence has any merits. It also gets them a heads up on the attitude of the Judge who presides over the hearing.

 

If you are well prepared........it backfires on them badly as they are then bopped on their nose for wasted costs.

 

Have a look at the links below to gain an insight on Restons behaviour -

 

http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/170484-fairbyblue-mbna-restons-court.html

 

http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/124572-hfc-no-agreement-amended.html

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/160395-restons-court-action.html

 

 

Please do take the time to read these threads as they offer lots of advice and tips on dealing with these solicitors. :)

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