HFC/Restons Claimform - Marbles now Beneficial Credit card - panicked and paid restons one figure - they want more !! _d judge ordered a STAY, now SJ

[Hardupnotfedup]

You can sign but just put 2 horizontal lines through it, even better sign with a different sig. and still put 2 lines through it, or put 2 1p postage stamps and sign them so you will see queens head on any attempt to lift signature. I don't think it is a good idea to tell someone that the DCA involved will use Photoshop that will cause problems for this great site.

[Guest Cartaphilus]

Also, if you can, take a picture of your signature - re two lines through it - on the document or scan it before sending (but probably best to wait for the site team to come back to you as well with any solution(s)).

Edited February 13, 2010 by Cartaphilus

[eastender100]

But do I have to sign it legally?

 

Here is the letter they sent back.

 

Please find enclosed a draft letter which purports to come from you but which is unsigned.

 

You will apprediate that we must ensure we are correspnding with the correct person and that anyone requesting information is entitlled to receive it.

 

Please ensure that all documentation is signed failing which we will not acknowledge receipt nor provide any response.

 

Also they sent me the cca request letter back plus the cheque.

[Bazooka Boo]

So they have already issued you with a court summons?

 

What is the alleged debt for, and how much?

If they have issued you with a summons then you will need to respond to this which you can do online, you should always put in a defence, even if you know you owe this money.

 

If they have issued court papers, then a CCA is somewhat late, although they will need to provide the court with a legally enforceable one, which is why you must defend it.

 

What you should do is send them a request under CPR 31.14 and get them to show you exactly what they are going to take to court in order to recover the money.

 

Everything MUST be sent via recorded delivery and whilst it is still debatable IMO I would not sign any correspondence as their is no requirement for any of your requests in writing to have your signature on.

 

They often use the 'we need your signature' trick as a very transparent delaying tactic, as said there is no requirement for this, the time to ascertain whether they were corresponding with the right person was before they sent their first threat letter, not weeks after, when they have already sent private confidential and sensitive information to you, when they admit they don't really know who you are!

[Papa_Smurf]

I know someone signed for it there end as I have the digital signiture. Also how can they say they haven't received it when there asking for the signiture?

 

They will probably claim the postman delivered to the wrong address and it was someone there who signed for it. But that claim will fall flat because, as you say, they sent the cheque back to you.

[Bazooka Boo]

Also, if you can, take a picture of your signature - re two lines through it - on the document or scan it before sending (but probably best to wait for the site team to come back to you as well with any solution(s)).

 

There is NO LEGAL requirement for a signature, they should have ensured they were talking to the right person before sending confidential information to them. It is merely a very immature stalling tactic, besides even I can remove crosses or lines from a signature to use on a document.

[eastender100]

It is for a credit card which they said they would settle the debt for £...... which I paid. I have this in writing. but it is quite complicated as they changed their minds before I paid it so they are taking me to court for the full amount.

I have a solicitor doing a defence for me.

 

Sorry don't want to give to much info as I have heard they look on here.

[Bazooka Boo]

It is for a credit card which they said they would settle the debt for £...... which I paid. I have this in writing. but it is quite complicated as they changed there minds before I paid it so they are taking me to court for the full amount. I have a solicitor doing a defense for me.

 

Well in that case if you have the evidence in writing that they will accept a %of the total amount, which you paid, and now they are taking you to court, there is no case to answer, they are the ones who are in breach here, you have kept to your side of the bargain, they have failed.

 

You should, If your Sols is any good be able to claim damages and compo from this outfit, if they have put any adverse markers on your Credit Ref File, then that is a Grand per incorrect entry!

[eastender100]

Yes I have seen the posted, my solicitor is doing a defence for me and said this would get me extra time.

 

Like i said its complicated, I want to put the full situation on here but worried in case they see it.

Getting paranoid.

 

I agreed to pay a full and final settlement of the account. Got the money together.

They changed their mind and said they wanted more ( within a day) and I paid them the agreed amount (which I have in writing) anyway.

 

I have already paid them over £4000

 

So now do I wait and send them the 2nd letter when there time is up, or resend cca request?

[Bazooka Boo]

To be honest, I would simply let your Sols deal with it. By all means send them the 'Failed' letter after the allotted time has expired, but IMO I fail to see how they have even managed to get this before a court, least of all request the remaining balance:-|

 

If you Sols are any good they will get this struck out at the earliest, and without you ever having to put in an appearence at court. As I previously said, you seem to be holding all the aces, a letter stating that they will accept a reduced amount in full and final settlement, a receipt or bank statement showing you paid this, and then a letter stating their greed that they now want the full amount.

 

Seriously I would be willing them to take me to court over this, and I would be suing them for damages also.

 

If your Sols don't get you damages and this pathetic waste of time overturned then they are not worth the money you are spending.

[eastender100]

It was a online court paper

[Bazooka Boo]

So now do I wait and send them the 2nd letter when there time is up, or resend cca request?

 

You only ever need send ONE CCA request, as long as you have proof of this then any other low life that buys the lemon can be told to foxtrot oscar, as the account is already in dispute with the first batch of morons.

[eastender100]

Sorry to ask so many questions , as i have never had to deal with any thing like this before.

 

If they have filed a court claim online, they don't need to include the facts, just put down what they wan't.

[Bazooka Boo]

I don't understand?

 

To issue you with a court summons as far as I know, this cannot be done on-line??

 

A court summons issued is normally sent from the court, normally on blue paper, to the alleged debtor when a claimant (original creditor) begins legal proceedings.

 

You are then given 14 days in which to acknowledge receipt, either by 'Admission' a 'Defence & Counterclaim' or an 'Acknowledgement of service'.

[eastender100]

when I gave this to my solicitor they said it was a online claim form. My other half said they issue these were he works. Apparantly you can file a claim online, it costs £50

[Bill Shidding]

Hi eastender, so you received a claim form in the post, from CCBC in Northampton. If so, you could "log in" to the website, and check what stage the case is at. You can also file any defence online, although there is a word limit.

 

You have decided to retain a solicitor to act on your behalf. If that is the case, your solicitor should be all-to-aware of CPR 31.14. If they are worth their salt, this request will have been done already, and you would be awaiting the claimants response. Your solicitor is supposed to keep you informed. Is this claim over 5k?

 

As previously stated, a CCA request at this stage is likely to be too late. Even a request under CPR 18 would take too long, so CPR 31.14 is the one you need.

 

You really should call your solicitor and ask exactly what s/he is doing about this claim.

 

You made a payment in full and final settlement, exactly how long after receiving that sum did your creditor inform you that this was no longer a F&F settlement?

(OK found it, "within a day". In which case you have the option to DEMAND the return of that payment.)

 

Was the payment made by your own personal cheque?

Edited February 13, 2010 by Bill Shidding

[citizenB]

eastender, if you have a solicitor acting on your behalf then he should have written to the opposition for information already. You dont need to do anything.. which is why you are paying them ?

 

You should start a new thread for each creditor.

 

I do appreciate your concerns, but unless you give us all relevant information then we are unable to help. We are unable to give advice privately.

 

You just need to be as vague as possible.

[eastender100]

Hi Bill,

don't know if you will see this now but thanks for giving me some help,

 

My other half paid them by direct bank transfer into their bank account.

 

I will contact my solicitor tomorrow and ask what they are doing. i cant check online because they have the court papers.

 

and yes it is over 5k

[Bill Shidding]

Hi eastender,

 

Hi Bill, don't know if you will see this now but thanks for giving me some help, My other half paid them by direct bank transfer into there bank account

 

No problem on helping, thats why CAG is here!

 

I recommend you read this thread (posts 6 to 9)-

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/242569-getting-rid-dcas.html

 

This will help if there was an ongoing dispute at the time (ie excess charges/no agreement etc).

Ensure your solicitor gets a copy of the judgment, as that may give you a new angle.

 

Bill.

[eastender100]

Hi, I need some advice on Restons as I have asked them for cca request but they have refused all times even when I have sent default letter due to no signiture. I have sent them another letter ( as they are taking me to court) they still say they want a signiture from me as they say i could be anyone. Do you think they have the credit agreement, or are they just stalling? The first request was sent ages ago. If anyone could give me some advice it would be great.

[Seminole]

Have they issued a county court claim and, if so, have you responded to it yet?

[eastender100]

Hi yes its all done, I have put in i will be defending the claim.

[BonM]

Hi eastender,

 

Take a look at this, should help you out too, I came across it earlier.

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/248863-signature-demands-fight-back.html

 

Cheers

 

BonM

[PGH7447]

so send them a cpr31.14 if you have not already then they have to supply it

[eastender100]

Hi, I have done that as well but they wont reply

 

They say unless I supply it they wont respond.