Whoops - HFC issue CC summons via Restons

[Ilike banks]

I have had an ongoing dispute with HFC bank from last year. I was paying a DD every month for about 4 years but could notr work out exactly what it was for.

 

I rang them up to find out and they had no idea, no trace of anything, so I stopped the DD.

 

Sure enough I got a snotty letter so replied with a cca request.

 

Its dragged on for months before they finally came up with the goods recently. They then issued me with a default letter closely followed by a letter from Restons Solicitors. I called them, spoke to one of their staff and offered them a token amount and explained I had a CCCS numebr etc.

 

I posted confirmation to Restons, together with a cheque which was cashed. By way of reward they sent me a CC Summons.

 

Spoke to HFC who tell me its in the hands of Restons and I have to deal with them. HFC's best bit of advice was to offer to resume payments on the summons response form and let the judge look at it. Marvellous, I respond, but I will still end up with a CCJ.

 

Any ideas folks?

[PGH7447]

send hfc a sar demanding all info and statements for this alledged debt, acknowledge the claim and put down to defend it, and then in your defence outline what you have stated above, I hope it was all in writing, also inform hfc that you will be reporting them to the oft and trading standards for poor customer service

[Ilike banks]

I appreciate your help, but surely they will just realise its a delaying tactic. I'm at a bit of a loss to see how my hero will get out of this one, lol! What am I trying to acheive in practical terms here. I am pretty sure the agreement is valid and I can't see them rolling over as they have been tardy supplying me information...

[PGH7447]

I'm not asking you to make them roll over I am hoping by that they would se sense and stop the court action

[Ilike banks]

Ok, take your point!

[Ilike banks]

Sent off the SAR, but also spoke to Restons with a better offer. Spoke to some patronising 12 year old who told me to put my offer to the court. When i pointed out that I would then get a CCJ, he told me at least it would focus my mind, the jumped up little retard.

 

So they will not negotiate - How very helpful.

 

So what defence should I put on the Court form?

[PGH7447]

The defence is that you were paying for something that you could not recall, and when you queried it they could not offer any proof of any debt so you stopped the payments and the next thing is they have passed this fictious account onto a bunch of morons who wont negotiate

[Ilike banks]

Is that a valid defence?

 

Surely at that point the court will say that I knew (eventually) that the agreement was valid and so I should have paid the money at that point?

 

And will a SAR request halt proceedings pending its return from the banK/

[Bazooka Boo]

Have you acknowledged this court summons yet? Is it a SD you have received?

 

If you don't wish to put in a defence and pay for something you have no knowledge off then sit back and they will obtain a CCJ by default.

 

If on the other hand as I suspect, you don't wish to have a CCJ, and would like to know exactly what it is you have been paying for for all this time, then submit a defence, either submit a SAR "OR" request the info under CPR rules.

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/255734-help-lowell-debt-please-2.html#post3072352

 

You need to do something sooner rather than later, the advice your getting is good sound advice, it is up to you whether you use it or not.

[jimbo45]

Hi there

 

Restons are TOTAL **** -- they always send stuff out in TOTALLY THREATENING language in envelopes marked URGENT in HUGE letters on the outside - attemting to scare the recipients-- and they NEVER send a statement of account no matter how many times you request one.

 

Their letters are always full of threats .... UNLESS .... PAYMENT.... X DAYS ...... COURT --- never ever stuff like can we discuss AFFORDABLE payment terms etc etc.

 

The will also attempt to add on TOTALLY OUT OF ORDER EXTORTIONATE "Collection Fees" as well.

 

I HATE these guys with a passion -- I've already made complaints to the Solicitors regulatory bodies concerning the impossibility og getting a statement of account from these wretched people when I was unfortunate enough to have to deal with them.

 

HSBC actually owns HFC so it is worth contacting HSBC complaining about Restons as well.

 

Restons really will go to court at the drop of a hat so deal with them quickly or they will get judgements by default --and they will also go for charging orders if you own property too -- and threaten to force a sale although most courts will not allow this for smallish debts certinly under 10,000 GBP.

 

Restons use every trick in the book to attempt to scare or cajole people into paying far more than they can afford.

 

This is ONE firm that should definitely be DISBARRED from practising Law or collecting debts.

 

Cheers

jimbo

Edited August 11, 2010 by jimbo45

[Ilike banks]

I have until the 13th to file a defence so I need need to get something together asap. I appreciate all the advice I am getting here is good, don't worry!

 

So when I file my defence, can I mention the SAR and that will extend the 28 day deadline.

[Bazooka Boo]

I believe, or tho not 100% certain, that if you put in any defence it will allow you a further 28 days to gather all the evidence.

[PGH7447]

any defence will give you antoher 28 days from whence you acknowledge the claim, and I stand by my statements, you asked by lawful means for what the account was about and they could not offer any proof of a debt, you stopped payments so they eventually found an agreement, which was followed by a default notice, and on an offer from you they cashed your cheque and send you a court summons.

 

I would hope to believe that most judes wouldthrow these fools out of court

[Ilike banks]

Thanks. They do seem a bit harsh. With my cheque, I also stapled to it a sheet showing all my other creditors, the amount outsatnding and my CCCS ref no. They claim not to have recieved that - just the cheque. If they didn't recieve the cheque, how did they know who it was from? liars..

[jimbo45]

Hi there

If you've posted it by RECORDED DELIVERY then that's another piece of evidence to present in Court --Restons (who as I said before - are REAL SCUMBAGS) can then also be shown to be LYING. If they are lying about not receiving a letter then the judge will probably decide that the rest of any evidence presented by Restons is totally untrustworthy too.

 

Unfortunately you MUST do something otherwise these wretches will get their CCJ by default --and once they get a CCJ then your troubles REALLY START.

 

I think I'd rather deal with The Mafia than the Restons SCUMBAGS.

 

Cheers

jimbo

[Bazooka Boo]

Unfortunately you MUST do something otherwise these wretches will get their CCJ by default --and once they get a CCJ then your troubles REALLY START.

 

Not necessarily Jimbo.

 

You are still able to argue for a set aside or a redetermination, I do agree with your view on 'Pestons' mind..

[Ilike banks]

Well I sent off a letter to HFC for a SAR, together with a cheque for £10.

 

HFC have written back asking for a cheque for £10 and proof of ID, such as a copy of passport or Driving Licence.

 

I'm not happy that they appear to have 'lost' my cheque and aslo thathey want copies of ID. Surely that is not a legal requirement, and in any case, they mananged to do everything else without those forms of ID...

[jimbo45]

That's NOT allowed

The SAR is a LEGAL requirement -- 10 GBP

 

In any case they seem to send stuff off to 3rd party Credit Reference Agencies without asking your permission etc.

 

There always seems to be one rule for these BOZOS and another one for us whatever the circumstances.

 

I'm beginning to get SO FED UP with this whole process -- that "other alternatives" such as Naming and Shaming the INDIVIDUALS who carry out this stuff in Local papers, through fliers etc and explain to their neighbors how they make their living mght be more productive than any amount of "well written Epistles" to Banks, DCA's SOLS etc etc.

 

BUT PLEASE STAY LEGAL - otherwise "Direct Action" won't work.

 

Cheers

jimbo

[Bazooka Boo]

Dear oh dear what incompetent idiots.

There is zero requirement for you to confirm any ID with them least of all sending the muppets a copy of your passport or driving licence, just so they can lose that along with your previous cheque.

If I could swear I would, I take it the cheque hasn't been cashed? I would keep a close on your bank account just in case one of the little toe rags cashes it.

 

Once again, the line "The time to confirm my identity was before you sent your first threatening letter and subsequent private confidential oinformation to my address"

Clear breach of the DPA and other relevant guidelines.

I would send them a LBA (letter before action) hilighting the fact that up until now they have been more than happy to send you correspondence to your address relating to private and confidential matters without carrying out the necessary checks to confirm your identity, as such they have until the 40 day period elapses to provide you with the information requested, and to find the cheque (give them the number of it) before you make a formal complaint to the ICO.

If they still insist on checking your ID, tell them that you are more than happy for them to send the SAR to your local branch where you will show an employee your ID before receiving the SAR, either way, you will be making a formal complaint to the OFT/ICO & the FOS for failing to carry out the necessary checks to confirm your identity before sending you previous sensitive information.

[Ilike banks]

Well, it looks like I have been properly had!

 

I sent the court an email telling them that I had sent a SAR to the Claimant (HFC) and would therefore be unable to construct a full defence until I had recieved that information back. I told the court they had 40 days to comply. Iasked them to advise me if there was a problem.

 

They recieved the email - I asked for a read reciept and thought everything was ok.

 

Nrxt thing I know, on Friday I got a CCJ through my letterbox.

 

I am sure that is not on - but how do I get it set aside?

[PGH7447]

who said you had a ccj the court? or restons?

[Ilike banks]

Got the judgement from Northampton Court. Seriously worried really.

[harrassed senior]

You will need to fill in this form and submit it to the Court:

 

http://www.insolvencyhelpline.co.uk/downloads/pdf-files/n244_form.pdf

[jimbo45]

Hi there

was this an actual CCJ or just a Particulars of claim notice -- Northampton is a bulk court so it doesn't have a Judge etc - but it can award the CCJ by default if no defence has been submitted.

 

As I said before Restons are like the proverbial School Playground Bully -- however if you DO have something to fight back with then these Grade A a__holes will usually turn tail and run.

 

You must do something to prevent a judgement by default.

 

I think once you've received the POC you have 28 days to submit an initial defence. This will then get moved to your local Court who WILL have a judge so ensure your defence is in order.

 

Restons will just hope that like a lot of people you don't do anything about this so they get their judgement --and THEY WILL GO FOR A CHARGING ORDER IF APPROPRIATE even on an amount as little as 1,000 GBP. Real Bar Stewards this lot.

 

Cheers

jimbo

[Ilike banks]

I spoke to the court initially and said i was going to provide a defence. As i hadnt got the SAR back from HFC, I then emailed the court to say I was unable to present a defence as I was waiting for the SAR from HFC, and without that evidence I would clearly be unable to construct my defence.

I got no reply from the court, other than read reciept for my secd email, and the issueing of the subsequent CCJ. They have just ignored my second email...