John Lewis/HFC/Restons - Help Needed

[grapefruit]

Help!

Wife has credit card debt with John Lewis. We got into financial difficulties, got behind with payments. Passed to Restons, who refused our offer, now isued CC proceedings. Wife has no income, does not work, account in her name only. In fact did not work when she got the card. Tried to get Restons to change their mind, they refused. Tried to get John Lewis Fin Services to change their mind, no joy so far. Found this site and hope that someone can help with some advice.

Agreement dated 5/12/06, do not have copy. What should I do?

[PGH7447]

have you had the court papers and have you acknowldged them yet?

 

Also when was the card taken out?

 

and have you asked restons for a copy of it by way of a cca request?

[grapefruit]

Yes had papers from court, but not acknowledged. Think I have 5 days from issue date plus 14 days?

 

5/12/06 is agreement date

 

no have not requested copy by cca request

 

new to all of this!

[PGH7447]

Can a mod move this to the legal forum please

 

You need to acknowldge the summons, and can you post up the poc leaving out personal details

[grapefruit]

By POC, you mean the claim form from the court?

[PGH7447]

particulars of claim - so yes the court paper outlining their claim

[grapefruit]

Hope it is now here

 

 

Posted edited to remove PDF which shows too many identifiers -supasnooper

Edited September 23, 2009 by supasnooper

[count orlok]

Are they allowed to add £683.80 for a collection charge? Seems a bit eccesive considering they are also adding solicitor's costs

[PGH7447]

no they cant add collection charges - be back later with some advice

[supasnooper]

grapefruit - I have removed your pdf file in post #7 as it shows too many identifiers - account number amounts etc.

 

Please edit the pdf\scan and repost

 

If it was me in your shoes I would send the letter below by recorded to Restons

As for the claim form, you've got to acknowledge receipt of the claim form within 14 days of the date on the form, if you wish to defend then state DEFEND all, but you get an extra 14+3 days in which to submit your defence, so it is too early to put a defence in....

 

This is the CPR18 request.

 

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 default notices 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).

 

 

I would also suggest you send HFC a Subject Access Request. This costs £10.00

 

Template SAR letter here - The Consumer Forums - Debt collectors

[grapefruit]

Thanks, will do this now. Do I need to send a fee with it or anything like that?

[IdaInFife]

no

 

ida x

[grapefruit]

Thanks all help so far. Submitted acknowledgement of service and sent suggested letter to Restons as advised. Not sure whether to wait until the 14 days are up and then file defence, asssuming they have not replied in time. Any more ideas of what to do next?

 

Thanks for assistance on here. This forum is a godsend.

[grapefruit]

Got reply advising that as i had offered to pay a figure monthly before they issued proceedings that this was an admission of liability and that they did not need to provide any information. Any comments / ideas?

[PGH7447]

load of b*llsh*t

 

you can now enter the embarressed defence

[supasnooper]

Oh dear.........Restons are playing there usual silly games.

 

Make sure you do mention their non-compliance of your CPR request in your defence.........it always winds Judges up, as they are well aware that solicitors really should know better.

[grapefruit]

Shall i reply or ignore then?

 

Any guidance on preparing the defence?

[PGH7447]

ignore restons and look in the legal forum for embarressed defences there are several good ones around

[grapefruit]

Can anyone point me to an embaressed defence.

Do I have to send this as part of defence online to the court?

 

Thanks

[grapefruit]

URGENT HELP PLEASE

 

When filing my embarassed defence online, do I say that that I am disputing the amount claimed?

[robcag]

HFC/Restons .... that sounds familiar

 

Have you been issued a Default Notice, and if so can you scan it and post up here (remove identifying details, but leave dates etc. on)?

 

It is rare for HFC to issue a valid DN, and if yours is invalid and the account has been terminated, then JL/HFC/Restons are doomed to failure.

 

Also relevant is the postal service used to send it, so the envelope it arrived in would be handy.

 

Cheers

Rob

[grapefruit]

Am sure I have, but cannot lay my hands on it now. Need to file embarressed defence today, so should I be stating that I am defending whole claim, on basis that they have not supplied any information at all, despite my request. They even wrote back to say that they would not supply it.

[robcag]

Am sure I have, but cannot lay my hands on it now. Need to file embarressed defence today, so should I be stating that I am defending whole claim, on basis that they have not supplied any information at all, despite my request. They even wrote back to say that they would not supply it.

 

Yes that's about all you can do. Defend all and submit an embarassed defence due to their not supplying you with necessary docs. As advised further up your thread, typical Restons behaviour, playing silly burgers.

 

Probably best not to mention the DN at this stage (if you do happen to find it and indeed it does turn out to be defective), but in any event try and find the DN as it could well be your trump card!

 

Sorry I can't advise further ATM, but I'm rather busy with a case of my own preparing for a hearing on Friday 16th.

 

Cheers

Rob

[grapefruit]

Back again.

 

Have received allocation questionaire. Seems to me that first question asking parties under civil procedure rules to make every effort to settle is being ignored by claimant. Shall I try this route first?

 

Also see pre action protocols question, which given that my request to supply information under CPR31 or whatever it is also has not been complied with.

 

Any comments would be welcome.

[grapefruit]

Anyone able to assist on this, as I need to send the allocation questionaire thingy back today and I am a bit lost

 

Thanks