HFC/Restons Re-Determination Hearing.

[tynebridge]

Also I'm wondering if I'm reading this correctly but my document which came back from HFC (found a sheet hidden away amongst the others) has the APR's on the reverse of the agreement-would this really mean the whole agreement is unenforceable-do they all really need to be on the same side of the paper as the signature?

[tynebridge]

Just a quick question to throw out to anyone.

Im due back in court in february to face Restons/HFC again. The date was moved to allow me to file a witness statement and for Restons/HFC to respond and also for the SAR and CCA's to come back. i have issues with the responses from both. Will the judge allow me toaddress these issues or am I just gonna be expected to sit there and say nothing. If I can respond to both the SAR responses and their witnes stements I beleive I can make my case against them even stronger as i now have copy of the original agreement an am hoping that I can challenge their replies and responses.

[tynebridge]

Results from the redetermination hearing today with myself v John Lewis/Restons solicitors.

 

Before that though-late yesterday I received a mail from Restons demanding £400 for their 'costs'. I'm assuming they left it so late that I wouldn't be able to put it to the courts today. Anywhoo...

 

My wishlist for today;

To have the £1600 'collection charge' applied by Restons removed as I beleived it was not legal,

 

To have the demanded (and judgement) payment of £250 reduced to my original offer of less than half of that accepted,

 

To have post judgement interest (not on their original Particulars of Claim) removed,

 

To have A Final Charging Order on my property either not applied or applied in such a way that it would not adversely effect my ability to sell my home (I'm in negative equity) and would not allow John Lewis to demand a sale of my home,

 

To have the last sneaky bill from Restons (only received yesterday) judged upon.

 

The result;

The collection charge was deemed 'not reasonable or legal' and was removed-RESULT!

 

The monthly payment was deemed 'not reasonable' and was set at what I'm happily paying already-RESULT!

 

Post judgement interest was deemed 'not applicable' as it was not on their particulars of claim-RESULT!

 

The Charging Order was granted but on terms which I'm happy with-RESULT!

 

The sneaky last minute Restons bill was listened to and deemed 'unreasonable and of dubious merit' and the judge ruled that I was not liable for it-RESULT!

 

All in all it boils down to one result-I have taken on John Lewis and Restons with honesty, common sense, some very good advice from this forum and a lot of homework...and WON! It is possible!

 

I am sooo pleased I found this forum (esp supasnooper) as it encouraged me to fight back. It seems now that after nearly a year of pursuing me relentlessly, Restons are out of pocket, John Lewis are out of pocket and neither of them are any further forward than they were on day one when I made a reasonable offer to clear my debt which they rejected, dragged me through the courts and the stress only to have their case judged as 'unreasonable' and my original offer deemed as 'fair and appropriate'.

Oh how I'd love to be a fly on a few walls this afternoon.

John Lewis?-please people stay well clear of their finance.

Restons?-just incompetent.

[The GodMother]

Nice one.

[supasnooper]

Well done on getting a result that you are happy with.

 

I'm sure you now feel putting in a little bit of work has paid off.

 

I do hope you can now start enjoying life again and look forward to good times without any stress.

 

Glad to have helped.