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

[nana buzzz]

On it now supasnooper thanks very muchly

[Josie8]

No default notice attached to application?

[nana buzzz]

Thank you supasnooper..I have read quite a bit of fairyblues thread and have a much better understanding of where this will be going..Thank you very much for the links

[nana buzzz]

No default notice attached to application?

 

No just a photocopy of the front page of the agreement, T&C's and balance sheets which i need to go through carefully..I got the DN by CPR a few months ago and it is invalid..They have not seen fit to include it the bundle..So are these docs they sent the ones they will be relying on in court??

[Josie8]

No default notice means their application for summary judgment must fail as they have not complied with s.87 Cca 1974

[nana buzzz]

Thanks Josie.Looks like I have an ace to play here

 

They mention the default notice and the date of issue in their summary judgement but did not include it in the paperwork.

[Josie8]

Then they are stuffed. Check out the dodgy default notice thread

[nana buzzz]

Sorry to be a pain but could someone post a link please...Tried searching but can't find the particular one your refering too Josie

 

Thanks Nana

[Sunshine54]

hi

not sure how to put in a link but it's in the stickies called Tale of a Dodgy DN

[Sunshine54]

http://www.consumeractiongroup.co.uk/forum/legal-issues/170345-tale-dodgy-dn.html

[Sunshine54]

whoop whoop

 

only taken me 9 months to learn how to do that lol

[nana buzzz]

Thanks very much sunshine lol

[nana buzzz]

Hi r&b

 

I will do that today..My hearing is oct 9th.

 

 

Oooops sorry that should read November 9th

[nana buzzz]

Hi Everyone..Not been online as I have been ill

 

The clock is ticking and I have to send my witness statement to Restons and the court by the end of the month..Starting to panic now..I have read most of the threads and have absorbed as much info as I can..I will post a summary of my case (to save going back through the whole thread) if someone could please help me put this together??

 

Thank you in advance

 

One very worried Nana

[nana buzzz]

Sent CCA request to OC on 14/10/08..... Ignored my cca request

Sent letter before action (account in dispute) 0n 14/05/09.....

Received letter from OC on 28/05/09 saying Sorry that I am unhappy and they will conduct a thorough investigation.... LOL

Restons start court proceedings on 22/5/09 POC includes collection charge that is in breach of cca rules filled embarresed defence.

Another letter from OC on 2/6/09 saying they are still investigating...

 

CPR.31.14 Restons on the 6/06/09..Receive a CA and DN from them on Default notice is invalid as it does not allow 14 clear days to remedy....Dated 15/11/08 (a saturday)

 

Receive letter from HFC executive complaints department with CA (no DN)attached on 13/7/09 Ten months late of my original CCA request....needless to say but they did not uphold my complaint and that they have fulfilled their obligations under the CCA 1974

 

Sent AQ by local court and attach draft order for directions....

 

Receive WS bundle from Restons (see post 95) They did not include DN in bundle even though they state they have...

 

 

I think that's it..

 

Thank you Nana

 

 

 

 

 

 

 

[nana buzzz]

Going to have a crack at the WS myself later with help from other threads..If someone would look it over for me I would be very grateful

 

Nana

[AndyOrch]

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

 

 

Regards

 

Andy

[nana buzzz]

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 a recorded delivery CCA request to HFC.They received the said request on the 16/10/08.My request was ignored.As they did not respond to my request I thought this would be the end of the matter and at this time I was also dealing with a family tragedy.

 

3.A follow up account in dispute letter was sent to HFC on 14/5/09. A response was received from HFC on the 28/05/09 and that they would be conducting an investigation..I still did not receive a response to my lawful CCA request

 

4,On 24th May 2009 court papers were received by me and I noticed that 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 had still not received or had any acknowledgement of my lawful 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 contest that the said 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. I receive 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

 

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

Edited October 21, 2009 by nana buzzz

[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

[nana buzzz]

Thanks Andy...I poached some bits from other peoples threads ("cough cough" perdita's) thanks perdita

[AndyOrch]

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

 

Sought it for you this evening

 

Andy

[nana buzzz]

LOL well no wonder you recognise it Your a star Andy thanks again

[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

[nana buzzz]

Andy!! Thank You so much it looks wonderful

[nana buzzz]

Hi

 

Just to clarify..do i just send my ws or do i need to attach any other docs ie: letters, copy of DN etc??

Edited October 22, 2009 by nana buzzz