taken to court by HFC/restons... **case dismissed** now marking CRA file again

[whatamess]

Thank you so much

[whatamess]

Hi cerberusalert

 

After sending the letter you suggested I got a very quick response from Restons, the letter says:

 

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

 

You will appreciate that we must ensure we are corresponding with the correct person and that anyone requestin information is enititled to recieve it.

 

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

 

I recall at the begining that HFC requested a signeture and i sent a letter back to say i didnt have to provide one.

 

What is the next step, I feel uneasy about signing my letters.

 

Thanks

[cerberusalert]

Send them this; http://www.consumerforums.com/resources/templates-library/86-debt-collectors/572-debt-letter-when-company-refuse-cca-due-to-no-signature-

[whatamess]

Thanks for that im not sure that letter is suitable to send to Restons as they are not the creditors but are acting on behalf of them.

 

None of the below realates to the solicitors but only to HFC and i have not asked the solictors for my CCA, and the solictors have not sent me any statements, so i cant really send this letter, any idea's is there something else i can send them?

 

Thank you for your letter dated xx/xx/2009 in which you say that you will not comply with my request dated xxx under s.78(1) of the `Consumer Credit Act 1974 unless I provide you with a signature.

 

There is no requirement under the Act that require a s.78(1) request to be accompanied by a signature, and I am unable to accede to your request.

 

Further, I note that you have sent statements and correspondence containing sensitive private information to me at same address as that detailed in my s.78(1) request. If you are concerned that you are corresponding with the correct person I wonder why you have not verified the information before.

 

As you are aware, disclosing data without adequate checks of identity is contrary to the 7th principal of data protection, listed in schedule 1 of the Data protection Act 1998. The time to confirm my identity was before you sent your first threat letter.

 

My request for a true copy of my credit agreement under section 78(1) was made on xx/xx/2009 and the 12 working days for your compliance expire on xx/xx/2009. I note that there is no provision that removes the requirements of the act to provide this information on time, even if you are unsure of my identity.

[cerberusalert]

You could write back and refer them to this;

 

Select committee on Trade and Industry minutes of evidence

(1996 Legislative working party)

2. The working party looked at the legal issues regarding the terms document, writing, signature, instrument, and records of transactions and originality. The Government's current proposed legislation focuses particularly upon the issue of signature. The working party considered the leading case in English law on signature methods, Goodman -v- J Eban Limited. That decision established that:

 

2.1 mechanical signatures using rubber stamps, printing or typewriting were valid in english law;

2.2 a signature can be by a mark rather than a name as long as evidence can be given to indentify the placer of the mark and the intention to sign; and

2.3 words other than a name can amount to a signature if the necessary intention to sign can be proven

 

Now although this working party was looking into the Electronics Commerce Bill it points to . .

 

Goodman v J Eban Ltd (1954)

 

A solicitor signed a solicitors bill with a rubber stamp which contained the name of the law firm. In the judgment it was determined that the rubber stamp was a valid signature, even theough the Solicitors Act of 1932 required a solicitors bill to be signed; it was established that it is enough to demonstrate that the rubber stamp was affixed by the solicitor with the intention to sign the solicitor's bill.

 

So now taking the highlights above I go to:

 

Interpretations act 1978

 

Schedule 1

 

1973 c.37.

 

"Writing" includes typing, lithograpgy, photography or other modes of representing or reproducing words in a visible form and expressions referring to writing can be construed accordingly.

[whatamess]

Thanks cerberusalert, I will send that and see what happens, I will let you know next week as im sure they will responed quickly again.

[whatamess]

Hi all

 

I have receieved a letter this morning which is saying im being taken to court over a loan which now for over a year have asked for a CCA

and they have said they dont have one for me,

 

the debt is so old and is for little over £500,

 

after a year off untold amount of letters going back and forth and door step calls they tried 1 last time to send me to a DCA

 

and i sent the letter back to say the account is in despute,

 

now they are taking me to court.

 

. Although i know that with out a CCA they may get laughed at but im still a bit worried about it

and really shocked that they would take the chance of having to pay out more costs in court fees.

 

Can any one advise me on what happens next and how do i deal with this?

 

Thanks

[cerberusalert]

I woundn't worry, wait until you actually get the court papers. Or if you prefer you could always send a CPR request just to let them know they've got a fight on their hands;

 

Dear Sir/Madam,

 

 

This is in acknowledgement of your letter dated ................and also of .............The contents of which have been duly noted.

Further to you stressing that County Court proceedings will be actioned by yourselves should I fail to make contact/stressing that proccedings are about to be commenced in regard to alleged sums outstanding and alleged owed by me on the above account,I remind you of Civil procedure rules protocols. Nevertheless in my response to your letter please be advised of the following.

 

 

I put forward that you now have a requirement to provide me with;

 

 

1) A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened. Please note that a "true copy" as defined by the Consumer Credit Act will not be acceptable in this case, and a copy of the actual executed agreement, including signature, is required.

 

2) All records you hold on me relevant to this case, including but not limited to

 

1. A transcript of all transactions, including charges, fees, interest, payments and both the amounts of credit and any repayments made to the account.

2. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations

3. Where there has been any event in the account history over this period that has required manual intervention by any person, disclosure of any indication or notes that have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to the account held by me with........... is required.

4. True copies of any notice of assignment and/or default notice or enforcement notice that you sent to me, with a copy of any proof of postage that you hold.

5. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

6. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

7. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

8. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998.

9. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

10. Copies of statements for the entire duration of the credit agreement.

 

I make this request to ensure that each party has equal footings which can allow action to proceed speedily fairly and without undue costs or waste of courts time,as defined within Pre-action Practice Directions -Protocols 4.6 of the Civil Procedures Rules.

I will give you 14 days to respond with the above,failure to comply will result in a complaint being made to the Court./In addition to the FOS for any breaches of OFT and CCA codes.This includes breaches as a result of initiating a Country Court claim where failing to provide or produce documents make litigation improper..

Specifically this relates to one or any number of the following;

 

* demand any payment on the account, nor am I obliged to offer any payment to you.

* add any further interest or charges to the account.

* pass/sell the account or outstanding balance to any third party.

* register any information in respect of the account with any of the credit reference agencies.

* issue a default notice related to the account.

 

Furthermore,I reserve my right to make a copy of this letter available for inspection to the Court and Financial/Consumer regulators should you fail to comply with this request.

I await your response,and should you need further clarification on any of the above points,then I suggest that you direct them to your legal department.

 

 

 

Yours Faithfully/Sincerely

 

 

 

 

......................... . (not to be signed) Print name

 

 

Dated..........

[whatamess]

Hi cerberusalert,

 

I think this letter is from the court as the envolope says Defendant with my married name then my maiden name

( the bank only had my maiden name) thats how i know who its from without even opening it (im at work)

 

so if this is the court papers,

what happens now?

Does the creditors have to first warn me that they are starting court proceedings before i get papers from the courts?

 

Thanks

[cerberusalert]

Can you post it up after removing any identifiers?

[whatamess]

Have never been able to upload anything on here but when i get home I will type out exactly what the letter says.

 

Thanks

[cerberusalert]

To upload on here it's easier to use a hosting site such as tinypic or imagefrog. If you upload it to there and then copy and paste the url back here we'll be able to see it.

[whatamess]

Hi cerberusalert

 

I have the form in front of me, as i am not able to scan until i get into work tomorrow i will tell you now what it is. This is a claim form for the Northhampton (CCBC) county court

 

Has the claimant address then Restons Solictors address (where to send doctuments and payments)

Then has the defendant (me) address

 

Particulars of claim and then shows a break down of costs:

Amount claimed £575.40

Court fee £55.00

Solicitors Costs £70.00

Total amount £700.48

 

Then goes on to say that i have a limited time to reply and that i can pay it, or dispute it. They have given me 14 days but the letter is dated the 13th Aug so have already lost nearly a week.

What is the next step.

 

Thanks

[cerberusalert]

Send Restons this;

Dear Sir,

 

***CPR 31.14 Request***

 

On (date)I received the Claim Form in this case issued by you out of the (Name) county court. Case No.

 

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim.

 

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of each of the following document(s) mentioned in your Particulars of Claim:

 

1. The agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, 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. Further, that any general conditions incorporated in the contract should also be attached.

 

2. A full statement of account - itemising all interest & charges from the commencement of the alleged agreement to date

 

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the documents' authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

 

Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

 

In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

 

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

 

Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

 

I do hope this will not be necessary and look forward to hearing from you.

 

Yours Sincerely,

DO NOT SIGN

[cerberusalert]

Moved to Legal Forum

[whatamess]

Thanks for the letter, i dont really understand what its asking for? also where can i find the legal forum?

Thanks

[cerberusalert]

I've already moved your thread to the legal forum, the main page is here; http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?170-Legal-Issues

i dont really understand what its asking for?

You are asking them to produce the documents they are going to rely on in court i.e the CCA. Basically no CCA & they don't have a leg to stand on.

[supasnooper]

I'd also advise that you read this thread - http://www.consumeractiongroup.co.uk/forum/showthread.php?241827-Legal-Action-how-to-start-off-IMPORTANT-IF-YOURE-BEING-SUED

 

It really is important that you do understand the advice offered so you are not fazed by the fancy legal jargon Restons tend to use.

 

You would do well to look at other threads featuring your Claimant. Do a search on the forum.

[whatamess]

Sorry about that, I found it thank you. Right ok i will sent the CPR31.15 tomorrow does this give me anymore time? or does the 14 days still stand as if i go by the date on the letter which is the 13th I only have about 7 days left does this letter class as a response? Sorry for all the questions.

 

Thanks

[whatamess]

Thanks Snapasnooper

[supasnooper]

here's a few threads featuring restons to get you started -

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?170484-fairbyblue-MBNA-Restons-Court-20th-March-they-have-issued-2-default-notices-**WON**

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?124572-HFC-No-Agreement-Amended-defence-help-please-**WON**

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?160395-Restons-Court-Action-***-WON-***

[whatamess]

Thank you very much alot to read but your right i need to know everything, first things first i have to go online to say i am disputing it right?

[supasnooper]

Thank you very much alot to read but your right i need to know everything, first things first i have to go online to say i am disputing it right?

 

Yes, if you read the bottom link I've posted earlier, it should detail what needs to be done.

[whatamess]

To upload on here it's easier to use a hosting site such as tinypic or imagefrog. If you upload it to there and then copy and paste the url back here we'll be able to see it.

 

Hi I am unable to upload this i have tried both tinypic which i cant get on and also imagefrog. I have done some reading, so i am going to send the lCPR 31.14 letter today, and will let you know what they come back with.

 

Thanks

[whatamess]

Thank you very much alot to read but your right i need to know everything, first things first i have to go online to say i am disputing it right?

 

Hi im am just doing my Acknowledgment of Service and have tick the box that i intend to Defend all of the claim and its also asking If i am contesting jurisdication, im not sure if i am supposed to tick this box or not, really dont want to get this wrong so if someone can help I would be greatful.

 

Thanks