Please help, claim form received on behalf of HFC

[wish me well]

You're completely right. The default notice says 'you have failed to pay the combined monthly instalments of capital and interest totalling 165 pounds'. (It doesnt say how many missed payments this is).

The agreement with the 'customer' signature on states payments of 110.09 pounds per month so they cannot possibly be refering to this payment amount.

They must be refering to the hand written agreement of 55 per month.

 

So the question is, is the default notice invalid or is the credit agreement invalid in this case now?

 

They have started court proceedings with the WRITTEN agreement that is about as much use as a chocolate fire guard :grin:

 

Ha ha ha he he he

 

The other agreements are just as useless but they dont matter in this case, if they even attempted to produce those you have all of the evidence to state those where not referred to in bringing this particular court action

 

So they can put that in their pipe and choke, I mean smoke it!!

 

Ah, finally, a gold star, yippee!!!

[avarils]

Well one thing is for sure, I never signed the 'written' agreement.

 

I actually have a letter from HFC stating that the only reason they sent me the 'written' agreement was because they could not find the actual agreement.

[avarils]

I'll be putting the defence together tomorrow and will post a copy up here.

 

Whether this works out or not, thank you both once again. I owe you lots of beers or iron bru's if either of you are recovering alcoholics.

[wish me well]

I'll be putting the defence together tomorrow and will post a copy up here.

 

Whether this works out or not, thank you both once again. I owe you lots of beers or iron bru's if either of you are recovering alcoholics.

 

who's been talking!!!!!!

[The Mould]

Avarils,

 

Default Notice is invalid, figure is incorrect, they have terminated without the required legal excuse, breach of contract by HFC, the agreement is no longer 'Live', you are liable for any arrears due before termination (£330.00) I think.

 

The agreement needs to be re-instated with the consent of both parties, you and HFC, you claim recission of contract as the Non-breaching party as the remedy for resolution to the entirety of this matter.

 

Offer £330 to them on the morrow as Full and Final Settlement to their claim and all matters regarding the relationship between you and HFC.

 

What do you think?

 

Kind Regards

 

The Mould

[The Mould]

Avarils,

 

Ten thousand tea bags for me please. (Only joking)

 

Kind Regards

 

The Mould

[avarils]

I can do that. I think they will insist on seeing what I've got (ie a copy of my defence) before they agree but I'm just guessing.

 

I'll call them before 10:00 tomorrow and then let you know how I get on.

 

If they do refuse at this stage, I'll write the defence before the end of the day.

[The Mould]

I'll be putting the defence together tomorrow and will post a copy up here.

 

Whether this works out or not, thank you both once again. I owe you lots of beers or iron bru's if either of you are recovering alcoholics.

 

There is no recovery for me I am afraid to say old boy, Halifax poisoning, no known cure to man or woman.

 

Kind Regards

 

The Mould

[wish me well]

oooooh Mouldy, we make a good team:D

 

top of the pops suggestion there old boy

 

can I have my gold star now??

[wish me well]

I can do that. I think they will insist on seeing what I've got (ie a copy of my defence) before they agree but I'm just guessing.

 

I'll call them before 10:00 tomorrow and then let you know how I get on.

 

If they do refuse at this stage, I'll write the defence before the end of the day.

 

You dont need to show them anything, if they wish to see the fantastic proof then the defence would be sent to them by the courts, dont take their s**t, give em some back chuck politely, of course

Edited May 26, 2010 by wish me well

[The Mould]

Blimey, I am going to howl in a minuet, so I am just off to have a smoke first as it it quite difficult to hold a roll up in your paws.

 

Kind Regards

 

The Mould

 

I can do that. I think they will insist on seeing what I've got (ie a copy of my defence) before they agree but I'm just guessing.

 

I'll call them before 10:00 tomorrow and then let you know how I get on.

 

If they do refuse at this stage, I'll write the defence before the end of the day.

 

 

Let them insist avarils, tell them this is your offer, take it or take a chance in court, you have a great defence, be polite old boy, but make them fully aware that you can prove your defence whereas, they can't prove their claim nor can they prove to the court that they have the legal right to bring this action against you, and this is because of their client's fundamental failures in not complying with legislation contained in the CCA 1974.

 

Kind Regards

 

The Mould

 

PS. Wish me well, I have sent the well earned star over to you, have a look out of your window, up there in the sky, you see that?

[wish me well]

I will go see whilst enjoying my smoke

 

Thanks top cat

 

It looks like Avarils has gone to have a well earned rest.

 

I think I'll call it a night, but I'll be back tomorrow.

 

Mouldy, check you mail, Watson's no longer missing

 

Take care all, sweet dreams

 

WMW

[The Mould]

OK Avarils,

 

You have all you need now, things have changed for you.

 

I am going off-line to do a bit of howling, I will catch you up on the morrow.

 

Kind Regards

 

The Mould

 

PS. Watson, I will send you an email, catch you up on the morrow also my dear friend, whence that day commeth.

[wish me well]

Morning Avarils

 

Have you contacted them yet?

[avarils]

Hi,

 

I spoke to them 30 minutes ago.

 

Same as yesterday, they listened to what I had to say and said they would call me back.

 

Will update you as soon as they call me.

 

There is a clause in the terms and conditions which states : your rights to complete this agreement early

You may at any time pay off this agreement early by paying us the total amount together with any sums etc.

[wish me well]

There is a clause in the terms and conditions which states : your rights to complete this agreement early

 

 

You may at any time pay off this agreement early by paying us the total amount together with any sums etc.

 

Ok,

 

Is this statement on the same page as the alleged customers signature?

 

And anyway they have brought about this case on the back of the written agreement that has no signature, they have terminated the account, which you accept.

 

Your defence: they defaulted you on the incorrect agreement, dooh silly people!! So invalid default notice, also not enough time to remedy and they registered at CRA's before it was sent to you and they have a non compliant credit agreement.

 

You are not the breaching party, they were by their incompetent actions.

 

Thats your defence, you have no case to answer to

[avarils]

Thanks.

It's not on the same page as the customer signature, it’s on the 'terms and conditions' page.

I got a call from the solicitors just now but didn't answer. I wanted to ask a question first:

Should I offer them the £330.27 as a settlement figure or should I just tell them that the default is based on a credit agreement with no signature and also not having enough time to remedy the situation as they registered the default with the credit reference agency before the default letter was sent and therefore it would be in everyone’s best interest to drop this now.

What I'm thinking is that there is no mention in the terms and conditions about them being able to update CRA's with any information about this account and therefore the default that has sat on my file since late November 09(and probably effected my ability to get credit) is illegal and I may counter claim against them for this?

This may 'encourage' them to drop the whole thing now?

[wish me well]

Well as Mouldy said last night they have terminated on the back of an invalid default notice therefore they are now ONLY entitled to the arrears of approx £330.

 

You could certainly point out that as it is an invalid default notice you have the option to counterclaim for damages of £1,000.00 as per the ruling in Kpohraror v Woolwich Building Society [1996] 4 ALL ER 119.

which would clear the arrears you could be chased for and leave you with a tidy sum.

 

Its worth a go, I will try and see where Mouldy is, expert advise needed me thinks

 

WMW

Edited May 26, 2010 by wish me well
adding which case shows award for damages

[avarils]

Where does the figure of £1000 come from in terms of a counter claim? I've had a quick search for other threads regarding this. I just want to know what I'm on about when I speak to them. The ultimate aim is to get them to drop it and the threat of a couter claim may just tip the balance in my favour..

[wish me well]

as per the ruling in Kpohraror v Woolwich Building Society [1996] 4 ALL ER 119.

[The Mould]

Hello there avarils,

 

How are you doing, great minds and all that WMW.

 

so avarils, let them know that you understand your rights and how proceedings work, they are the one's who brought this action, they must prove their claim.

 

You state to them, invalid default notice, incomplete agreement, they have taken this route without the necessary legal excuse to do so, they are in breach of contract, you have three (3) alternative remedies available to you as you are the Non-breaching party,

 

Remedy No 1 is you can claim recission of the contract,

 

Remedy No 2 is you can claim for money damages and

 

Remedy No 3 is you can claim an action for specific performance.

 

Obviously you claim recission of contract as a result of the breach by HFC.

 

Legally you are liable for the arrears £330.27 or so, however, unlawful processing of you personal data, adverse data on credit file, you have a counterclaim for £1,000.00 per case law ruling.

 

Say to them, if they wholly discontinue with this action and agree to remove the adverse data from your credit file, then you can agree that that would be a Full and Final agreement between you and them to the entirety of this matter.

 

State to them, that they don't even have the agreement that their claim has been issued for.

 

State to them to discontinue today and ask them to fax a copy of the Notice of Discontiuance over to you today and put the hard copy in the post along with their agreement that this is the end of this matter absolute.

 

Kind Regards

 

The Mould

[avarils]

Sorry about the delay,

 

i've called them and the person dealing with the file is on the phone, waiting for a call back now.

 

Understood the above completely, I hope that the person I speak to at the sols has the authroity to make the decision...

 

They're not calling me back!

 

I'll try to speak to them again, failing that, should I drop them an email? I have the lady's admeail address that is dealing with this..

 

admeail = email, sorry (what's wrong with me?)

[The Mould]

Sorry about the delay,

 

i've called them and the person dealing with the file is on the phone, waiting for a call back now.

 

Understood the above completely, I hope that the person I speak to at the sols has the authroity to make the decision...

 

OK avarils,

 

Very good, let's also hope that the robot understands the instructions, if they continue, they will self destruct.

 

Here comes the light.

 

Kind Regards

 

The Mould

[wish me well]

admeail = email, sorry (what's wrong with me?)

 

A touch of magical midnight dust there my dear, a tad early though

[The Mould]

Give the female of the species a call first avarils.

 

Add me ale, what kind of drink is that avarils?