Restons HFC vs Me court tomorrow. Urgent Help please

[charliesheroes]

Hi all i hope someone can help me tonight.

Restons and I have a court date tomorrow. Below is my original post in the wrong section so im hoping this may be seen in here:-

Restons/HFC issued a CC claim form on 3rd March 2010 for £3k. I filed a defense to say they had not provided a true signed copy of the original CCA. The case was then stayed by the courts as it was done by the bulk centre in Northampton (apparantly if you file a defense online it throws the whole thing out and has to be started again).

"I have now recieved a copy of the default notice, a notice of hearing application for the original case and a copy of the CCA not dated. A few thing here i think i need to have cleared up before proceeding. From filing my defence it has taken them 2 months to provide a copy of the CCA. The CCA is NOT signed or dated and the address on the form is for a house i have never lived in (but is for a house which was 2 doors away)

I lived at 8 and the form says number 12. The form is also not an agreement but titled "your proiority application for the marbles card"

Am i right in thinking all of this may make the whole thing unenforceable and as such senthould be thrown out court and if so are there any articles of the consumer or credit agreement rights act i need to quote ? "

 

I have replied to court and restons as they asked for 7 days notice of any defence. I advised that 1, Credit agreement is in fact only an application form. ", It is not signed or dated. 3, The address they have on it I have never lived or resideed at.

Will these 3 things be enough to stop them getting a judgment as in my eyes it makes everything null and void. Is there or are there any particular clauses or paragraphs I can quote to court to back up the above 3 points?

I have also recieved todsay a letter from them showing their cost breakdown adds upo to £900 for just over 3hrs work.

Any help or advice appreciated

[supasnooper]

I suppose if you don't ask you don't get ................you are cutting this very, very close to the wire !!

 

Is the Court hearing for Summary Judgment ?

 

If so, you need to knock up a quick witness statement and get it submitted to the Court as soon as they open....and hope they'll accept the filing.......then fax a copy to Restons straight away................and do all this before you present yourself to the Court usher for your hearing !!

 

You seem to be aware of Consumer Credit law so you should find what you are looking for on the site.

 

Here's a few links on WS's ..........................and good luck !!!

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/265332-help-require-default-judgement-post3005117.html?highlight=witness#post3005117

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/253800-summary-judgment-process.html?highlight=witness#post2853349

[supasnooper]

...........and if you get time, submit your costs to the Court and Restons.

 

please do let us know how you get on.

[charliesheroes]

Thanks Supasnooper

 

The hearing is for a "Notice of hearing of Application". Not that it makes much difference but the court never sent me a letter its only what i got from Restons although it has the court stamp on it.

Another quick one the case was originally stayed and i thought they had to apply to the court to have that lifted before proceeding, but thats a minor issue. 10.40am tomorrow it starts only thing is i cant get there so im going to have to fax my defence to the courts

[supasnooper]

10.40am tomorrow it starts only thing is i cant get there so im going to have to fax my defence to the courts

 

 

I would make sure you head it "Very Urgent" and make sure that you get a copy off to Restons as well.

 

Make sure you keep the "Sent" receipts...................and keep everything crossed for a decent judge !!

[charliesheroes]

Thanks again snooper

 

Im typing a header page now and will then try to do a witness statement and make note in header that i apologise if its in wrong style. I only got notification 7 days ago as the address they sent stuff to is where i used to live and only picked it up when i went to see my son.

The witness statement thing looks daunting wish there was an easier way to do it.

Gulp, here goes