Lowell/BW Legal V Myself help have now issued a claim

[cymruambyth]

Also What track should this be, should it be fast track????

 

or small claims?

 

I think small claims for less than £5000

[cymruambyth]

You need to base your AQ on the one in this sticky http://www.consumeractiongroup.co.uk/forum/legal-issues/131499-directions-n150-n149-allocation.html by pt. Then add bits from the link that Chris has given.

[bh2362]

bump

[car2403]

What you bumping, bh?

[bh2362]

Hi guys,

 

i sent the AQ of last week also faxed it to the court a few times so they got it, was wondering if anyone can advise me on what happens next date set for first week in Feb only a few weeks ago.

 

What happens now, what should i do this end in preparation,

 

so i need to prepare a witness statement with the case law etc, if so can someone help me.

 

thanks BH

[bh2362]

Please help someone, i have never done this before I had lots of help at the begining now im not getting any when i need it most..

Please someone reply.

 

thanks

 

BH

[AndyOrch]

Hi BH

 

If you have submitted your AQ then you can do nothing until you receive your Notice of Allocation with Directions/dates from the DJ handling your case.This will inform you of the track and disclosure dates also WS exchange (if any).

 

Regards

 

Andy

[bh2362]

Hi Andy Thanks for the Reply.

Today I have a letter from restons saying they would be discontinuing due to economic reasons.

I guess this is now closed.

I want to thank everyone for there help:

Chris for getting me started and support from the begining.

Supa and others you were all great.

 

I have one more question before i close this thread:

 

Can i now get the default removed from my file how can i go about this?????

 

 

BH:razz:

[bh2362]

bump

[RoadToRecovery]

wd bh.

[bh2362]

Thanks Guys.

[Pipster2797]

This is fantastic news.

 

I have an prem hearing with Restons on the 12th Feb so heopefully they won't turn up due to econmic reasons.

 

Has anyone else heard of this econmic reasons issue for discontiuning?

[bh2362]

thanks Pipster,

any ideas on getting the default removed now????

 

 

 

BH

[pedross]

Well done bh

 

With regards to the default it may not be easy but I would personally reply to the letter from Reston's acknowledging the letter and pointing out that the DN was defective and therefore the default was wrongly registered. I would also point out that the default has caused damage to your reputation and you require confirmation that the default will be removed immediately to avoid any further damage.

 

Request that they consider your request with the same courtesy that you are extending to them on the matter which will enable them to close thier file once and for all without further costly correspondence.

[Pipster2797]

I can't help but will be checking to see if you can get the default removed so please keep us updated.

 

You can try what pedross is saying but also ask pinky69 and have a read of her thread of how she is going about getting her's removed.

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/196312-invalid-default-notices.html

[SB100]

Only a couple of days until mine goes to trial... and still nothing from them re disclosure / inspection / exchange of WS's.

[bh2362]

hi SB, i think i lost you somewhere along the line, how did you get on in the end with restons?

 

BH

[SB100]

They withdrew the night before lol... how about you?

[bh2362]

Hi everyone,

 

its been a while since i posted on this post, but today I had a shock it made me smile,

 

I wrote to HFC asking them to removed the default as they discontinued with the case long time ago.

 

today I recieved a fresh new default notice from them same style as before

this time the got the dates right well over 14 days.

 

have they forgotten they have already terminated twice before both on invalid defaults,

 

i would really like to put in a claim now for there stupidity any ideas?

 

BH

[AndyOrch]

Hi SB I trust you are well

 

The fact that the claimant only discontinued their claim will not eradicate the fact that the debt remains (just very difficult to enforce it) hence their compliance with procedure to issue a DN and you may well get an annual statement also for the unseen future.The default will remain on your file as in line with ICO requirements to record all information.Not until the Debt is wrote off will this cease or allow you to challenge the Default registration.

 

Regards

 

Andy

[bh2362]

Hi Andy,

Thanks for the post, i knew that they can persue again, but what concerns me is the default, they hawve already terminated this agreement in 2008 on the face of an invalid default notice this was documented in my defence in court, this was the reason they discontinued to prevent any further cost to themselves.

If a default has been issued and the account terminated howw can they send a fresh new default 2 years later down the line.

this was being dealt with by restons's if im right on this, after the default expires they will then pass it back to restons,

what a joke...

[AndyOrch]

As the case was discontinued BH then the matter of unlawful Termination would still have to be proven in a Court of law.You can either accept their foolish attempts to comply/mislead or instigate further litigation yourself to prove that fact and indeed seek damages defamation under DPA.

 

Regards

 

Andy

[car2403]

What a crock of the proverbial. This is interesting though, if nothing.

 

What would I do? I would write to HFC Bank, tell them of the situation to date, (including the history of THEIR claim against you) tell them that their behaviour is unreasonable and that they can't bring another claim on the same basis as the previous one, if they do you will complain to the Court that they are being a vexatious litigant and that you will take all appropriate action you deem necessary to prevent them from harassing you further. Use parts of the harassment template letter.

 

Then wait for Restons to come around, do the same to then, complain to the SRA and write to the OFT about HFC's inadequecy in holding a Consumer Credit License.

 

As for how to defend a new claim? I wouldn't. I'd ask for a strike out where CPR Part 38.7 isn't complied with.

[bh2362]

Hi C,

Thanks for the reply its good to find someone who knows how to fight back at these, Ill prepare a letter this week and get that sent off to them and see what kind of responce i get back on, ideally i want the default removed.

 

B

[bh2362]

Hi Everyone,

 

blast from the Past, I have recieved another POC through the post today Chasing the HFC Debt, again with another Solicitor firm from Lowell lol.

 

Any help on what i do to ?

 

thanks