HFC/Marbles taking me to court in November.**DISCONTINUED**

[citizenB]

Aha, right.. the credit card cases. As I understand it, there wont be a result until January 2010. I think you can find a discussion on the following threads.

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/216538-claim-stayed-due-unenforceable-57.html

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/221824-unenforceable-credit-agreements-24th-19.html

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/41731-unenforceable-agreements-under-consumer-21.html

 

I think the top link might be the most informative. HTH

[supasnooper]

Just to add, now that Restons have had the SJ hearing moved back, they will probably send their Witness Statement nearer the time and tell you that you must file and serve at least 7 days prior to the hearing..........which surprisingly enough, is correct.

 

However, do make sure that you tell the Judge in your WS that Restons never complied with the Court Order, as that order was never rescinded.

Edited December 16, 2009 by supasnooper
addition

[1littleduck]

Hi all... After receiving another latter from Restons.. identical to the last one.. I received a telephone call from them.. They offered me a payment plan.. paying just £1.00 per month for 3 months and then review the situation.. I told the lady I was speaking to .. that it was the HFC'sfault this had gone to court, they would accept my offer in the first place, and now I am unemployed.. the courts are very likely to set the same payment.. so I may as well continue with it.

 

Is there any news on the outcome of the trial court cases...Has the law changed now.. and are the application forms now legal...? I am not sure if my situation has gotten worse as far as the court is concerned.

[1littleduck]

Ummmm.. I have just found this..

BBC News - Banks win partial High Court victory on credit cards

 

I would like to ask.. that with them talking about a signed agreement...where the HFC have only produced a copy of the application form..it leads me to believe that no such agreement ever existed...is this correct?

A credit card agreement in my eyes is not the same as a application for a credit card agreement! am I right or wrong on this one please.

Are the rules concerning the default notice still the same?

[supasnooper]

This is one case were I would advise that you call Restons and get them to put their offer in writing ( I'm presuming you never recorded the call).

 

Nothing has changed whatsoever as regards to Default Notices issued under s87 CCA 1974.

 

I would also ask Restons to put in writing what they intend to do about the SJ hearing, will they pay your costs incurred so far and do they intend further legal action !

Do NOT get into any discussions with them; just ask the questions and ask them to respond in writing.

 

Again, come back here with their response.

 

I suspect they are offering you the deal as they know they are stuffed by the defective DN and are taking the view that something is better than nothing.

[diddydicky]

and they will use your offer of acceptance of your continuing liability and after 3 months (which is about as long as it would take them to get to court) the "Review" will be demands for payment of that which you have admitted

 

STOP answering the calls (put the phone down) and do everything in wiritng

[pedross]

I agree with dicky

 

As supa posted nothing has changed on the DN and Restons must know it is a problem as they normally discontinue with that type of problem. But to agree to a payment of £1 a month for 3 months could give them an argument that the agreement endures and the DN is therefore not relevant.

 

I think I would be more inclined to send them a letter saying that in reply to their letters and the telephone call in which they gave you the option to pay £1 a month for 3 months you have no intention of doing so. Both Restons and yourself are aware that the agreement is terminated and as they have no legal rights to enforce the debt you request that they either comply with the directions of the court or discontinue the action and let you get on with your life.

 

This is just my opinion so I suggest you get other opinions before taking this action.

 

Your point about the application is far more complicated and you will only need to understand that fully if it gets to court. In brief, the application form together with certain prescribed terms and other information form the agreement. However, to do that the prescribed terms must be part of the same document eg 'attached' or 'overleaf' etc and not part of a seperate document. Restons try to prove they were part of the same document and you try to prove that they were not. The DN should stop it getting that far.

 

Pedross

[diddydicky]

I agree with dicky

 

As supa posted nothing has changed on the DN and Restons must know it is a problem as they normally discontinue with that type of problem. But to agree to a payment of £1 a month for 3 months could give them an argument that the agreement endures and the DN is therefore not relevant.

 

I think I would be more inclined to send them a letter saying that in reply to their letters and the telephone call in which they gave you the option to pay £1 a month for 3 months you have no intention of doing so. Both Restons and yourself are aware that the agreement is terminated and as they have no legal rights to enforce the debt you request that they either comply with the directions of the court or discontinue the action and let you get on with your life.

 

This is just my opinion so I suggest you get other opinions before taking this action.

 

Your point about the application is far more complicated and you will only need to understand that fully if it gets to court. In brief, the application form together with certain prescribed terms and other information form the agreement. However, to do that the prescribed terms must be part of the same document eg 'attached' or 'overleaf' etc and not part of a seperate document. Restons try to prove they were part of the same document and you try to prove that they were not. The DN should stop it getting that far.

 

Pedross

 

I think i would be inclined to make a "lump sum" offer (of say 5% of the debt) as a full and final settlement and in order solely to "rid myself of the nuisance value of the claim" and without admitting any liability

[1littleduck]

Hi all... here it is.. the notice of discontinuance

http://i748.photobucket.com/albums/xx125/1littleduck/Re1.jpg

http://i748.photobucket.com/albums/xx125/1littleduck/R13.jpg

http://i748.photobucket.com/albums/xx125/1littleduck/R12.jpg

Does this mean they have dropped the claim

Can I bin all this now, or do I have to keep it just incase they decide to start it all over again.

[ODC]

Under no circumstances bin it. Keep everything in case they sell this on to some other pond life

[1littleduck]

Thanks for you reply..

How long would I have to keep it for...

Does this mean that the bank will not try to take me to court again?

[pedross]

Does this mean they have dropped the claim

Can I bin all this now, or do I have to keep it just incase they decide to start it all over again.

 

They definately have dropped the claim and they will find it almost impossible to start another one and so will anyone else. I would keep the paperwork for 6 years at least as security and peace of mind.

 

You have won this one and you will get the famous 'won' heading on your thread.

 

Well done LD

 

Pedross

[1littleduck]

Thank you Pedross and everyone who helped me in this fight.

I'm glad I have posted up all the correspondence, so anyone else can see all the steps taken and hopefully win their own.

 

This is only 1 of many, but it does give me hope for more victories.

 

Thanks to all again. x

[citizenB]

Thanks for you reply..

How long would I have to keep it for...

Does this mean that the bank will not try to take me to court again?

 

 

Excellent news, littlduck. I am really pleased for you. I will change your title to reflect the success.

 

Do keep all the paperwork in respect of this. For your own peace of mind more than anything. Get a box file and just shove it all in there. With the Notice of Discontinuance on the top You should also receive one from the court. File that as well.

[angel_1]

hiya 1littleduck - FANTASTIC NEWS :D:D:D

 

this thread is truely inspiring thank you so much for updating and a lesson to me for not being so organised!

 

glad you got justice in the end and even better without the trial what a day make sure you have a go on the euro lotto tonight, your luck may just be changing, but dont forget us if you win big :lol:

 

have a fun day and yes keep the paperwork

 

laters angel x

[supasnooper]

Congratulations and Well Done.

 

Excellent stuff.

 

Don't forget to write to Restons for those Wasted Costs.

 

WASTED COSTS THREADS

 

Have a look at the pdf's that Surfaceagentx20 has attached at the bottom of the post on a letter for wasted costs -

 

Surfaceagentx20 wasted costs

also

 

Liabilty for Costs CPR 38.6

Sharpman v Nationwide credit card services ***WON WITH WASTED COSTS***

 

Welcome/Cohens - case withdrawn ***WOO-HOO ***

 

have a look at this post by IGNM on costs as well -

 

IGNM post on costs

 

and a B_R_W post on what else you can claim - B_R_W additional costs you can claim

[1littleduck]

wow... thanks all...

I will do the letter for wasted costs after I have received the letter from the courts confirming this is discontinued.

I have read through the thread Sharpman v nationwide and have noticed my discontinue notice is straight forward.. no threats of pursuing it through another means.. so I guess, as far as the HFC goes, it is really closed.

Once I have the letter from the courts, I will post it up, and then send in my clain for costs.

Thank you all once again.

[diddydicky]

1,2.3 another one bites the dust

[1littleduck]

Hi all..

Still have not had anything from the courts.

No news is good news tho.

[veryweary]

So pleased to read about your success with this. The arrogance of Mr J. T. Litigation Manager in his initial letters to you would be unbeleivable except for the fact he works for Restons and the equally nasty HFC.

 

Notice he had introduced the word 'please' into his begging letter when he offered his ridicualous £1 for 3 months then review .

 

Bet Mr J. T. Litigation Manager isn't feeling so damned smart now:lol::lol:

 

Excellent. A success like this is a real boost for the rest of us.

[diddydicky]

i think you should have had confirmation from the court by now

 

if i were you i would be chasing them up for it (in writing)