Steve v HFC (Beneficial)

[nick20045]

Nick

 

 

Dont desert me and I will let you use one of my credit cards to phone a Russian Bride.

I use Skype no problem. Just tell whoever it is what time to go online and can talk for free.

 

My next port of call by the way is Ukraine. Russians are to mad for me (and that is saying something LOL).

[steve2577]

Nick

 

I now this might be a stupid question but dont they have to produce the original paperwork if they want to enforce the agreement?

 

 

 

 

Steve

[nick20045]

Nick

 

I now this might be a stupid question but dont they have to produce the original paperwork if they want to enforce the agreement?

 

 

 

 

Steve

Already posted this in another of your threads.

 

By rules of Court

 

CPR Practice direction 16 para 7.3

 

7.3

 

Where a claim is based upon a written agreement:

 

(1) a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing, and

 

BUT and ONCE AGAIN it depends on the Judge Lottery. Read Humblemans thread and read the comments made by the Judge. Fair enough you can claim unfair BUT can you afford to go to the Court of Appeal? (Well actually you might be able to if you go for what is called A Paupers Oath but that is another matter).

 

I can give you case law references as to why you should not lose BUT once again, it is called The Judge Lottery. So that is WHY you have to be able to try and get so much behind you that what you really really really really really really should try to go for is what is called a Strike Out. i.e. the Claim is struck out before it even enters Court as being a waste of time and of Court process. What you have to try and go for is something like http://www.consumeractiongroup.co.uk/forum/legal-issues/239383-hsbc-cca-going-court-3.html post no 45. (You can also go down the pages and also have a read of the Holding Defence to get an idea).

[steve2577]

OK

 

I have removed the statements and the figures because it would be easy to identify from this

 

So at this point I was over my limit which happened because of Charges and interest

Edited January 30, 2010 by steve2577

[nick20045]

By rights we are not interested in statements.

 

UNLESS they have sent the DN by recorded or registered mail and can prove when it was served it is an invalid DN and faulty.

 

Sent on the 8th Nov

Date given is the 25th

 

 

25 less 8 = 17

 

Claiming it was sent by second class post, according to the rules second class post takes 4 days for delivery

 

17 less 4 = 13

 

The law says you should get 14 days to rectify a Default.

 

14 less 13 = under by 1

 

DN is technically invalid and faulty.

 

Simple.

[bobdauilda]

Nick can you take a look at my posts from today and offer some advice please? Thanks

[steve2577]

Just received this from Restons Solicitors

 

http://i956.photobucket.com/albums/ae46/steve2577/Jan%202010/RestonsHFC.jpg

 

Not sure how to respond to this?

[nicoalfredo]

i luv when they say you can pay less. it makes my hart tick coz they must kna their is somefink wrong. a will heve a look & try & C. & that letter is termination notice

[steve2577]

Have now received the Court Claim from Restons ref HFC.

 

Each stage becomes a new learning curve so any help always appreciated.

 

The DN doesn't appear to give me the 14 days required.

 

I have had a letter without prejudice stating they haven't go a copy of my agreement.

 

Looking at the forms I know I have to do the Acknowledgement of Service is this straight forward in that I intend to defend the claim. There is a box for the address to which documents about this claim should be sent?

 

 

Steve:-?

Edited March 4, 2010 by steve2577

[steve2577]

Hi eeryone sorry not posted for a while.

 

Status of HFC Restons issued a claim at Northampton and I defended it has now gone to my local court and I am defending again.

 

 

Does anybody know when the CCA Act 1974 ref Default Notices were changed from 7 days to 14 days?

 

 

 

Regards

[Dotty50]

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/196312-invalid-default-notices-post2888360.html?highlight=7+to+14+days#post2888360

 

There you go Steve.

[steve2577]

Hi Dotty thanks

 

I think it is this that I was searching for found it 5 mins ago.

 

By Regulation 2(2) of these regulations, any Default Notice must include both a

description of the agreement sufficient to identify it and the name and a postal

address of the creditor or owner.

By S 88 (2) of the Act, as amended by s14(1) of the Consumer Credit Act 2006 as

from 1 October 2006, the specified date must not be less than 14 days after the

date of service of the default notice

[steve2577]

Apologies for not updating the thread I have been in a real battle over the last 6 months and there was an indication that the Claimant was pre-empting my every move so I kept a low profile which may have helped in my case. Some good news I was due in Court in Dec on a Fast Track claim. They Discontinued the claim at the last minute. I am having some difficulty in clarifying the procedure for claiming costs and was wondering if anybody could help in one small detail.

 

When I fill out the the N252 do I send a copy to the Court and to the Claimant if so what is the cost of filing an N252? or Do I wait for the Claimant to respond and if unsatisfactory then file it with the Court say after the 21 days.

 

Also on the N252 am I the Claimant or do I keep it as the original claim details in that I am the defendant?

Edited January 3, 2011 by steve2577
dates and names are identifiable

[manchestman]

Well done, Steve.

I know the feeling about restons pre empting your moves which is why i also misled on my own thread a few times. God, it feels good to beat those xxxx's