Hfc/restons Claim now CCJ - missed payments.

[dirkfunk]

Okay to get to the point,

 

took a loan out august 2007 for 1500 and agreement was terminated in mid may due to my inability to pay

 

Court claim form issued by restons i think was 23rd May for £1600 included £250 of charges

 

the deadline for Acknowledgement of service for this claim was yesterday. I did it online and said i planned to defend. I only discovered the threads on here just before this.

First question.

 

am i right in saying this has bought me a little more time.

 

What should be my next action

 

Is it too late to request cca,dn,or details of charges.

 

there dont seem to be any Particulars of claim

 

oh and i'm terrified of going to court, please help

[42man]

What does it say in the Particulars Of The Claim ?

[dirkfunk]

at work at the moment, but dont seem to remember there been much at all.

what should i do.

[42man]

You'll need to send out a CPR in line with what it says on the POC's.....but it is important to know what it says....if they are vague, then even better for you !! - have a look here - http://www.consumeractiongroup.co.uk/forum/legal-issues/160703-urgent-help-needed-robinson.html#post1721582

[dirkfunk]

sorry guys, CPR Link if possible

[42man]

http://www.consumeractiongroup.co.uk/forum/legal-issues/185051-claim-form-received-today.html and this - http://www.consumeractiongroup.co.uk/forum/legal-issues/159445-getting-them-reveal-their.html or possibly this one....just make sure you know what you are doing Dirk -

 

In the XXXX County Court

Claimant -v- (YOUR NAME)

Claim Number: (CLAIM NUMBER)

 

 

Dear XXX

 

CPR 18 - REQUEST FOR INFORMATION

 

I have received a recent court claim from your organisation. In order to file a defence and counter claim I require some information. Given that this matter is now the subject of legal proceedings, you are obliged to disclose under the Civil Procedure Rules, the information and documents detailed below.

 

The information must be furnished within fourteen days of the receipt of this letter. If you fail to comply, this will be reported to the Court, a copy of this letter will be provided as evidence to the same and an Order enforcing your compliance will be sought.

 

1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

 

 

1.1 If copies of any of the above documents are to be relied on in court rather than originals, a copy of the Notice of proposal to adduce hearsay evidence required under s2(1) of the Civil Evidence Act 1995 together with proof of the authenticity of the document(s) as required under s8(1)(b) of the Act, including but not limited to:

 

(a) a copy of the procedure(s) used for copying, storing and retrieving documents

(b) a copy of the relevant log entry showing the time and date of the scan or copy, the name of the member of staff making the copy, the method used for copying, storage and retrieval and time and date of destruction of the original document(s)

© copies of internal and external audit reports covering the entire period from the date of the copy to the present to demonstrate that the procedures have been complied with

(d) copies of Quality Assurance accreditation certificates covering the entire period from the date of the copy to the present to demonstrate that the procedure(s) and audit process(es) comply with the appropriate quality standards

 

2. All records you hold on me relevant to this case, including but not limited to:

 

a. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor

b. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with *********.(AMEND TO THE COMPANY NAME)

c. .Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

d. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

e. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

f. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

g. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

h. Copies of statements for the entire duration of the credit agreement.

 

3. Any other documents you seek to rely on in court.

 

 

I will require this information within the next fourteen days. I must advise you that if the information is not forthcoming, it will be reported to the Court that you are trying to frustrate proceedings and denying me the opportunity to file a defence and counter claim.

 

Yours sincerely,

 

XXXX (type, don't sign).

[dirkfunk]

how long have i got to request and receive back this information, considering the AOS was 11/6.

[42man]

Just tell them you require the information in 7 days.....(they probably won't send you anything !!) but this can be dealt with at Allocation Questionnaire time....

[42man]

And please have a read through the links here - don't miss getting your defence in (stick to the timescales) - http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/202646-cabot-financila-vanquis-cc-2.html#post2223186

[dirkfunk]

So i can state 7 days. Is there a formal amount of time i have to give them to respond.

[42man]

You could ask for 10 days.....I don't believe there is a formal amount of time, 10 is quite reasonable....

[dirkfunk]

ok so i post this off today and then sit tight yeah.

 

Keeping an eye on my defense date.

 

is this right.

[42man]

Correct and spend some time reading around these forums too....

[supasnooper]

You've been getting some great advice from 42man here.

 

Do you recall receiving a letter headed Default Notice from HFC at all ?

If you do, try to find it and post up the details.

[dirkfunk]

just trying to find something, all i could find was a default sums notice

 

this is what the particulars of claim state on the court claim form:

 

Particulars of Claim

The Claimant claims payment of the overdue

balance duefrom the defefndant under a

contract dated on or about 15/08/2007

in the sum of 1520.59

PARTICULARS a/c no :- 0000xxxxxxxx

DATE ITEM VALUE

05/05/2009 Default Balance 1303.33

05/05/2009 Collection Charge 217.26

Post Refrl Cr NIL

TOTAL :- 1520.59

 

So as you see i think they are pretty vague. But i dont fully understand what this means or what i should do about it. Shall i go ahead and send the letter asking for the CPR Letter asking for CA, default notices. Because your earlier posts it says to request whats in the Particulars of claim.

 

What next,

 

i appreciate all of your help so far.

[dirkfunk]

Can anyone tell me about my particulars of claim posted above.

 

it was mentioned before that i should only include in the CPR request things in the Particulars of claim box but as you can see, no documents are mentioned.

 

 

I also received another letter from restons today, here's what it says:

 

the amount required to to redeem the above account is 1519.32. This figure is valid until 30th June 2009. Please note until such time as this amunt has been received, legal proceedings will continue, however should this amount be paid by the given date then any judgement which may have been obtained against you in this matter would be cancelled.

 

All rights and remedies are reserved.

 

I'm really confused, hellllp.

[dirkfunk]

Can some one look at the particulars of claim on my earlier post and advise me what to request, as no docs are stated in the POC, just an amount.

 

time is running out

[r&b]

this is what the particulars of claim state on the court claim form:

 

Particulars of Claim

 

The Claimant claims payment of the overdue

balance duefrom the defefndant under a

contract dated on or about 15/08/2007

in the sum of 1520.59

 

 

PARTICULARS a/c no :- 0000xxxxxxxx

 

DATE ITEM VALUE

05/05/2009 Default Balance 1303.33

05/05/2009 Collection Charge 217.26

Post Refrl Cr NIL

 

TOTAL :- 1520.59

 

the POC do state "a contract dated" thats ur credit agreement, in order to default u they have to have sent a default notice, as they are now claiming the full amount they have terminated the account but may have dun so previously so u want to see the termination notice. to get to the sum claimed u want to see statements that prove this and that it does not include unlawful charges etc....

[dirkfunk]

cheers, i've amended the letter and will

fire it off today.

 

anything else to be in mind of.

[r&b]

cheers, i've amended the letter and will

fire it off today.

 

anything else to be in mind of.

 

 

u may wish to tighten the time parameters a tad if ur in a hurry...7 days for a reply should be considered reasonable. if no joy then fire off the reminder straight away.

dont know if its been brought up but dont sign anth and send recd del n keep copies of everything...

[SB100]

I'm in a similar situation, keep an eye on my thread (also in legal)

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/199150-sb100-hfc-default-compliant.html

[dirkfunk]

Seems like i'm in an almost identical situation, but my defense has to be in a day earlier. i'm even going away this week and will not be back till sunday.

 

My problem is I was only able to send the CPR Request letter yesterday which means the seven days for response ends on my defence submittial day.

 

what if they do not respond in time, what should i do then.

 

I need some speedy advice.

[r&b]

Seems like i'm in an almost identical situation, but my defense has to be in a day earlier. i'm even going away this week and will not be back till sunday.

 

My problem is I was only able to send the CPR Request letter yesterday which means the seven days for response ends on my defence submittial day.

 

what if they do not respond in time, what should i do then.

 

I need some speedy advice.

 

if u have no docs to form one put in a holding/embarrassed defence. plenty of templates if u do a search and quick ammendment to suit.

id get that ready in case u get nth back in time.

[dirkfunk]

oh dear, my heads spinning now

 

holding/embarrassed defence. would anyone be able to point a relevant one out.

 

thanks

[r&b]

shadow has this one in post # 34:

 

MBNA ccj, some advice if possible! - Page 2 - The Consumer Forums

 

amend to suit but post it up and see if anyone disagrees on the suitability.