Summons from Reastons Claim Form Help please

[eatcake]

Hi,

I have been following other threads regarding Restons as Ive been trying to deal with a claim, but think ive made a couple of errors,

so really just want to go over what ive done and find out what to do next.

 

First, this is regarding a G M credit card with HFC which was taken out over ten years ago.I sent a cca request to them end of Jan,they replied with a lot of old statements and a copy of a blank agreement, nothing signed by me, I them sent them the second letter in Feb saying that they had failed to provide a true copy etc,

 

On 5th May HFC Sent me a letter Without Prejudice saying that in 65 days they would issue a default notice if I didnt resume payments.

 

On 12th June Restons sent letter saying that I had till 22nd June to pay full amount including a collection charge,or they will issue a summons.

 

On 1st July recieved summons from Northampton.I replied on line to Northampton court,saying that I will defend all of claim. I then sent letter C41to Restons asking for copy of the credit agreement.I didnt ask for anything else as it wasnt on the claim, gave them 7 days to reply, still havent heard from Restons. which brings me up to date,having looked through other threads I should have asked for a copy of default notice, as I dont have one unlesss its the letter they sent on 12th June, im getting confussed also I need to do my defence soon, I will scan up last two letters from HFC & Restons,and the summons, Hope someone will be able to help me, thanks:)

 

 

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[AndyOrch]

Hi Eatcake

 

Okay, first of all take a deep breath, I can tell the Court claim has rattled you Yes, they've issued it because you sent a CCA request, and it is standard behaviour from HFC and their solicitors I'm afraid.

 

Secondly have you have calculated when the Defence has to be filed by? ensure you have included 5 days for service in addition to the standard 28 days. Regarding the Defence, you have until the 2/3 August to file it, so you need to stop panicking about submitting it! It can be filed online up until 4pm on the 2/3rd, so there is no need to rush, nothing is achieved by submitting it at the earliest possible opportunity! It is also most unwise to file it early and then discover that you should have included or not included certain information. I always recommend that the full time available is taken to allow sufficient time to cover all that is relevant and to edit out bits that aren't appropiate

 

Have a look at some of the Defences I've drafted for ideas as to how it should read. If you don't get the Defence right, Restons will file an application for Summary Judgment as soon as they receive it. I'm not trying to worry or scare you, I just know how the sols that work on behalf of HFC operate. So it's best to get it right first time to avoid having to file an Amended Defence and fight a Summary Judgment Hearing!

 

Have you sent off a CPR Request? if not I would advise you to ASAP print name and retain proof of delivery.Thats all for now.

 

Regards

 

Andy

 

Ps Welcome to Cag

Edited July 23, 2009 by Andyorch
addition

[robcag]

Hi eatcake

 

Andy is helping you so try and calm down as he says and take his advice.

 

I've just looked at the letters and claim form you have uploaded and I can say (barring the amounts, although almost the same as mine) I've seen all those before!

 

Restons PoC (particulars of claim) are vague and insufficiently particularised as per usual, and they've also added their usual unlawful collection fee, which sooner or later, as long as you contest it, will be dropped like a hot brick. They also always seem to omit the fact that this is an agreement which is regulated by the CCA1974, obviously IMHO to mislead the court.

 

Have a good search round for the DN, this could be of paramount importance as HFC are well known for getting this wrong, only to mysteriously change dates if asked for copies.

 

This will have been sent by HFC themselves not Restons their mouthpieces. If you can find it, blank your personal info but leave dates intact, and post it up here for us to examine.

 

There are quite a few people who have beaten the dynamic duo here in the winners enclosure;

DCA Legal Successes - The Consumer Forums

 

My own very similar case which is amongst them and was won with the help of other CAGgers is here;

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

 

Regarding your alleged 'agreement', if you ever get to receive it, it is very likely to be the same as mine shown in the thread, nothing more than an unenforceable application form with no prescribed terms on it!

 

Cheers

Rob

[eatcake]

Hi Andy

 

Thanks for such a quick reply, the summons was issued on 26th June, I recieved it on 1st July, I thought I had 28day from reciept which would mean I need to file defence by 28th June, or is it 28 working days?

 

I sent CPR to Restons on 1st July they recieved it on the 6th but havent had a reply yet,but I only asked for credit agreement,as that was all that was in the claim, I think I should have asked for the default notice aswell,as unless its the last letter from Restons which I scaned in before I havent recieved one.

 

Im going to look through some of the defences on here as this is basically same as lots of cases, but worried about making a mistake, should I send another letter to Restons, asking for copy of default notice?

 

Thanks again for your help:)

[robcag]

I calculate you have until 29th July to file your defence.

 

Claim issued 26th June, so add 5 days = 1st July. Add 28 days = 29th July.

 

But you could phone the court and double check if you like.

 

Cheers

Rob

[eatcake]

Hi Robcag

Thanks for your reply too, I really dont think that I have had a DN sent from HFC, the last letter they sent was the without Prejudice letter which I scaned before which they say they will issue a default noticed in 65days from reciept of that letter which was dated 5th May.

[eatcake]

Hi Robcag

I will telephone the courts tomorrow just to check the dates, can I do the defence on line??if so I dont need to do that till that date, is that right.?

[eatcake]

Hi Rob:)

 

Have just looked through your thread at your DN, and I have never recieved one of those.

[robcag]

Hi Robcag

Thanks for your reply too, I really dont think that I have had a DN sent from HFC, the last letter they sent was the without Prejudice letter which I scaned before which they say they will issue a default noticed in 65days from reciept of that letter which was dated 5th May.

 

I just checked the letter again. They are talking of a 'notice of default', not a 'Default Notice', confusing maybe, but two different things. In other words they are notifying you of their intention to register the fact with the credit reference agencies that you have defaulted on your payments.

 

Technically HFC should have sent you a DN before handing it over to Restons to issue the claim.

 

Hi Robcag

I will telephone the courts tomorrow just to check the dates, can I do the defence on line??if so I dont need to do that till that date, is that right.?

 

Yes you can submit a defence online but if it were to consist of more than 8,000 characters it will be more than the max size allowed for online submission. However, it seems that as you are awaiting documents you rely on, you are unable to submit a full defence so will have to submit a 'holding (embarrassed) defence'. This will almost certainly be under the size allowed.

 

No doubt Andy will be kind enough to help you out with that.

 

Cheers

Rob

[eatcake]

Hi Rob

Thanks so much for all your help I have been looking through other threads trying to find an embarrassed defence to copy not sure whats best to do should I include the fact that I havent received a DN in the embarrassed defence, need to have this in by 29th July.

[AndyOrch]

Defence

 

 

I Eatcake make this statement as my defence to the claim brought by HFC Bank

 

1.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

 

2.No documents supporting the claims in the particulars have been offered which the defendant needs to establish what agreement it is that this action is based upon

 

3.Without clarification of the claimants claim, the defendant is extremely disadvantaged and the claimants claim appears without merit

 

 

4.Further to above the defendant is unable to plead effectively or at all. The defendant is embarrassed.

 

 

 

Statement of Truth dated

 

 

 

 

The above is all you need to place in the defence.

 

You should write to the claimants solicitors as follows:-

 

' Herewith copy defence by way of service, the same having been filed with the court.

 

Please serve amended particulars of claim and plead yor clients case in an appropriate manner within 7 days, so that I am aware of the case I will have to meet at trial. I request that you attach to the particulars a copy of the agreement and Default Notice upon which the claimant relies. The matter will be transferred to my home court and the claimant will have to produce the document, in any event. In those circumstances you should plead in accordance with the CPR.

 

Failure to provide that requested in the time period provided for will result in application to the court. I confirm a copy of this letter will be produced to the court when the question of costs falls to be decided'.

 

 

Yours Faithfully

 

(print name) send rec del/reatin proof)

 

Regards

Andy

[AndyOrch]

Alternativly you may wish to take this route as advised by Car and apply for a Strike out before you submit a Defence

 

Help recieved a CCJ from RESTONS solicitors HFC Bank Bullying Help!!! they are adding on Collection charge

 

Regards

 

Andy

Edited July 26, 2009 by Andyorch
addition

[eatcake]

Hi Andy

 

Thank you so much for that:)

 

I have read through about a strick out, but whats to stop them saying they sent a DN.

I plan to do the defence on Monday,do I send a copy of that to Restons aswell as the letter,sorry if Im sounding thick, but I will know for the next time!

 

Thanks again:)

[AndyOrch]

Hi Andy

 

Thank you so much for that:)

 

I have read through about a strick out, but whats to stop them saying they sent a DN. Nothing they will serve a screen print of its exsistance they very rarely tend to keep an hardcopy

I plan to do the defence on Monday,do I send a copy of that to Restons aswell as the letter,sorry if Im sounding thick, but I will know for the next time! No Northampton will serve a copy of the Defence on the Claimant just send the letter to to their Sols print name and send rec del

 

Thanks again:)

 

 

 

Andy:wink:

[eatcake]

Hi

Really need some help, just as I stopped worrying about this!

didn't get defence done yesterday, but today recieved reply from Restons to CPR request,I telephoned Northampton court, Ive got till 4pm tomorrow to submit defence,help needed as really dont know what to do now about defence.

They sent the application form that I signed also on a seperate paper terms & conditions, which could have been on back of application but theres nothing to relate them and no DN

 

Scaned in all letters they sent

 

 

 

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[AndyOrch]

Hi Eatcake

 

Nothing to concern your intentions on dealing with this,nothing in your uploads suggests an alternative in your response.Proceed with either of the options I have advised.Dont take too long however in your decision you must submit your defence on time even if you are considering the alternative.

 

Regards

 

Andy

[eatcake]

Thanks Andy.

 

I was really worried there for a minute.

Have submitted the embarassed defence that you wrote, I'm now about to write to Restons but not sure about this paragraph ,

what does that mean if I dont need to send a copy of the defence, do I still need to put that in.

 

Also what happens next?

 

Thanks again for all your help:)

[AndyOrch]

Northampton will automaticaly forward a copy of your defence to the Claimant but you can send a copy as you writing the followup letter also,no harm done.The Claimant then as 28 days in which to respond.No response will lead to the claim being stayed.

If they do respond then you will recieve an AQ (Allocation Questionnair)

We can go through that later if there is a response.

 

Regards

 

Andy

[eatcake]

H

i Andy

 

Today recieved an allocation questionnaire which has to be returned by 28 september

 

ive scanned in all the pages , could you please assist me filling them in.

 

thanks Andy.

 

Edited September 11, 2009 by eatcake

[AndyOrch]

No problem Eatcake

 

Will get back to you during the week.Is it the N149 or 150?

 

 

Regards

 

Andy

[eatcake]

Hi Andy

 

its a N150 is this anything to worry about?

 

 

Thanks for your help.

[eatcake]

Hi Andy.

Im guessing your really busy,but Ive only got this weekend to complete this form,I'm going away and wont be back till after 28th I was looking at some other posts, and there's one by sunflower99 which I think is similar, should I copy that? Thanks for your help

[AndyOrch]

Hi Eatcake

 

Yes that one was prepared by CCM (Credit Card Mug) that will be appropiate for your case.

 

Regards

 

Andy

[sunflower99]

Hi Eatcake

I did two pages I copied post 94 to one page and then post 95 to another page,On the AQ form on sec I I stated that two pages were enclosed !Also make sure that each seperate page has all your court claim ref numbers and details at top of each enclosed page!

[sunflower99]

Hi Eatcake

Hope all goes well in your Restons battle ,You will get lots of help to defeat these plonkers!and loads of people on this forum have given them grief! i have to attend a summary judgeemt hearing on tuesday but with the help of some lovely people i am very hopeful i am going to give Restons grief and make them regret they issuesd a summons against me:D in my case it was MBNA that set them on me! so will be looking at your thread with interest and with the help of caggers you will give them lots of grief,If you look round some Reston threads you will see a lot of victories against them:D