HFC / Restons - Claim Form received - Help Please Newbie

[mintminty59]

Hi All, I am being chassed for a loan that was taken out by HFC bank approx 6 years ago. I have sinced had court papers issued to me.

 

I am not sure what to do however I have submitted a deffence asking for copies of the origonal documents to be sent to me with my signiture on.

 

Is there anyone who can help me get the ball rolling. I am happy to scan the papers if needed.

 

Once again thanks for all your help.

 

P.S A Default notice was put on my credit file some time ago.

[dx100uk]

type in restons in our search top right and do some reading.

there are plenty of threads about hfc/restons.

 

give us more history please & confirm the papers were sent to the correct address to you.

 

you need to findout when your last financial transaction was in/out

that will determine the SB date - 6yrs from then.

 

restons don't usually get that wrong, but are known to make heeps of other mistakes.

 

also investigate reclaiming the PPI [that i bet you have as HFC fleeced all their customers by forcing that on them]

and look at any unlawful charges.

can you also let us know 'what' the original account was with HFC

 

 

dx

siteteam

Edited October 2, 2010 by dx100uk
more

[mintminty59]

Certainly as I am new to all this, what should my 1st step be. As this was 2005 I dont have any of the paperwork as I moved house since and its got lost somewhere in moviging.

 

What I need if possible is a starting point on information gathering so I can make sure I supply you with as much info as poss.

 

The origonal account was a personal loan taken out in 2005.

 

I did make a few small payments of £5 earlier this year as HFC where calling my house several times a day.

 

The papers did come to the correct address. I only paid the £5 because they where asking very personal questions about my now current girlfreind and started to get very annoying. My debt problems occured way before I knew my current girlfreind and I did not want to geopardise my relationship.

 

type in restons in our search top right and do some reading.

there are plenty of threads about hfc/restons.

 

give us more history please & confirm the papers were sent to the correct address to you.

 

you need to findout when your last financial transaction was in/out

that will determine the SB date - 6yrs from then.

 

restons don't usually get that wrong, but are known to make heeps of other mistakes.

 

also investigate reclaiming the PPI [that i bet you have as HFC fleeced all their customers by forcing that on them]

and look at any unlawful charges.

can you also let us know 'what' the original account was with HFC

 

 

dx

siteteam

[dx100uk]

you are under NO legal obligation to talk to anyone regarding your financial matters on the phone

demand comms in writing only on put the phone down

that goes for any debts fullstop!

 

as for the bit about girlfriends....thats OTT too!!

 

now

can i recommend that, as you have started the ball rolling and obv might end up in court

 

read the threads relating to hfc/restons

 

that will be by far the best method for you to know what to do.

 

then post here and we can advise if your going the right way

 

you've got a good few weeks, so time to digest things

 

dx

[mintminty59]

Have to be honest a lot of it didnt make any scense to me as I have been trying to digest it. I am assuming through my reading my next step should be to request all the information HFC have on me. I have found a template but it only asks for the agreement, I think in this case its best to get everything do you have a link to the correct letter I should send out.

[dx100uk]

think i might have miss read your post

 

i though you had court paper [claim] from them?

 

is all you have just a phishing letter then?

 

dx

[mintminty59]

No I have a Northampton Court Papers with a claim number.

 

I used there website to say I was disputing the claim, and I put on the notes I was looking into getting some more information from the lender such as an agreement before I can proceed to make a judgement on the case.

 

Basically I am totally lost and maybe I am getting confused. The only thing I have recieved is court papers and a phone call from restons (Demanding to know my GF sallary etc etc)

 

I have no idea what I am supposed to do, or how to go about it. I dont understand CDA and CCA or the terms that are being used. I have tried to read everything but none of it makes scense to me.

 

THank you VERY! much for your patience tho

 

 

think i might have miss read your post

 

i though you had court paper [claim] from them?

 

is all you have just a phishing letter then?

 

dx

[dx100uk]

slightly changed thread title.

others will be around soon.

can you outline 'how' you sent your 'defence' reply in & how you requested the CCA & what else you put.

you poss need to CPR them

not my game

 

dx

[mintminty59]

What I did was logged into Courts website using the password I was given on the claim forms, and I siad I was disputing the claim. In the box where it says enter a deffence I put I am requesting the agreement with my signiture on showing the amounts etc. I did this only because I have not had any official statement or record of my account and how they have progressed over the last 5 years. I have no idea how to obtain this information or if I have made a totall mistake doign that however I thought it best I didnt just ignore it and I showed at least I am thinking about it and doing something about it.

 

I heard you say there is a possability I had PPI insurance on it. This could well be the case but without any documents I am unsure.

 

slightly changed thread title.

others will be around soon.

can you outline 'how' you sent your 'defence' reply in & how you requested the CCA & what else you put.

you poss need to CRP them

not my game

 

dx

[pete_2000_2002]

What I think you need to now is send a subject access request letter to HFC (along with £10 postal order). This could take some time as they will request allsorts of information before they send this out. Once you have all your info you will know if PPI has been charged and if you have any other charges against you.

 

Also, send this letter to pestons, there is no charge for this information from them.

 

" CPR 31.14 Request

 

On 24 December 2009 I received the Claim Form in this case issued by you out of the Northampton County Court.

 

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 / the] 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. The assignment*

 

3. The default notice*

 

4. The termination notice*

 

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 document's 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."

 

I have been dealing with both of these for about a year now and it has been a frustrating road. I am halfway along dealing with ppi/charges with hfc so its getting there.

[mintminty59]

Thanks a million for that, VERY usefull I am printing it off as we speak and will send to both HFC and Restons tommorow morning by recorded delivery.

 

 

 

What I think you need to now is send a subject access request letter to HFC (along with £10 postal order). This could take some time as they will request allsorts of information before they send this out. Once you have all your info you will know if PPI has been charged and if you have any other charges against you.

 

Also, send this letter to pestons, there is no charge for this information from them.

 

" CPR 31.14 Request

 

On 24 December 2009 I received the Claim Form in this case issued by you out of the Northampton County Court.

 

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 / the] 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. The assignment*

 

3. The default notice*

 

4. The termination notice*

 

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 document's 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."

 

I have been dealing with both of these for about a year now and it has been a frustrating road. I am halfway along dealing with ppi/charges with hfc so its getting there.

[AndyOrch]

When you receive a summons Minty the process is you have 33 days in total to complete the process.5 deemed serves that leaves 28 so 14 to Acknowledge Admit defend etc you then have a further 14 days to submit your defence after you have prepared.You shouldn't really have entered your defence yet until you had sought the above requests ie CPR or SAR CCA etc..You may have to amend your defence subject to the responses you receive.

 

Regards

 

Andy

[mintminty59]

You dont happen to know the address of HFC where I need to send this to so I know it goes to right place

 

Thanks a million for that, VERY usefull I am printing it off as we speak and will send to both HFC and Restons tommorow morning by recorded delivery.

[mintminty59]

I had no idea, what should I do? Log back onto the courts website and alter my defence part. Its all confusing to me.

 

 

When you receive a summons Minty the process is you have 33 days in total to complete the process.5 deemed serves that leaves 28 so 14 to Acknowledge Admit defend etc you then have a further 14 days to submit your defence after you have prepared.You shouldn't really have entered your defence yet until you had sought the above requests ie CPR or SAR CCA etc..You may have to amend your defence subject to the responses you receive.

 

Regards

 

Andy

[pete_2000_2002]

HFC Bank Ltd

120 Edmond Street

Birmingham

B3 2QZ

[AndyOrch]

Ok well you can try to log back in but i imagine that the defence has now gone and that potion closed but you can check.

 

 

Andy

[pete_2000_2002]

I entered the wrong information on that website as well - at the same time I was requesting the info from hfc and restons and kept hitting brick walls.

 

I told the judge I had entered the wrong defence (as I didnt have a clue myself) and that both hfc and restons should have supplied me with the info i requested but havent. Its going back to court next month and in the meantime I still have to contact hfc regarding charges/ppi etc.

[AndyOrch]

Minty if you care to type out the claimants PoC Particulars of Claim verbatim less any identifiable details and ball park fig they are claiming

[mintminty59]

So I should get paper work shortly then saying its been transfered to my local court and I will have to attend. Im sure Judges realise we mortals dont know our way around the system. I will send that other stuff off recorded delivery first thing in the morning.

 

I am unable now to log onto that site again so yes looks like its been closed.

 

I entered the wrong information on that website as well - at the same time I was requesting the info from hfc and restons and kept hitting brick walls.

 

I told the judge I had entered the wrong defence (as I didnt have a clue myself) and that both hfc and restons should have supplied me with the info i requested but havent. Its going back to court next month and in the meantime I still have to contact hfc regarding charges/ppi etc.

[mintminty59]

Certainly this is what it says.

 

The Claiment claims payment of overdue ballance due from the defendant under a contract dated on or about 06/07/2005 in the sum of 15245.80

 

A/C no xxxxxxxx917

 

Date 29/07/2010 Default Ballance 15245

Post Refrl Nil

 

Total 15245.80

 

Thats all thats on that section.

 

Now I know I didnt borrow that amount so there is obviously interest, charges , etc etc been added onto it.

 

Minty if you care to type out the claimants PoC Particulars of Claim verbatim less any identifiable details and ball park fig they are claiming

[AndyOrch]

Ok so definatly Fast track case and CPR (Civil Procedure Rules ) apply however CPR 31.14 only refers to documents mentioned in Statement of Case Witness Statements and Affidavits so they will simply reply the request is not applicable.I would advocate sending the CPR 18 instead as this is more open and does not refer to the Claimants PoC.

[mintminty59]

Ok can you point me in the direction of where I can get this template from so I can get that done straight away ready to be sent recorded delivery tommorow morning.

 

Reading between the lines is what they have put on the claim mean there on slightly shakey ground.

Ok so definatly Fast track case and CPR (Civil Procedure Rules ) apply however CPR 31.14 only refers to documents mentioned in Statement of Case Witness Statements and Affidavits so they will simply reply the request is not applicable.I would advocate sending the CPR 18 instead as this is more open and does not refer to the Claimants PoC.

[AndyOrch]

CLAIM NUMBER: *******

 

In the XXXXXXX county court

Between:

 

 

[HFC

]

Claimant

 

 

-And-

 

 

Defendant

 

 

_______________________

 

 

 

REQUEST FOR INFORMATION AND

 

 

 

CLARIFICATION UNDER CPR part 18.1 & Pre Action Conduct PD SEC III/ PD IV

_________________________ ___

 

DATE OF SERVICE: [date sent]

 

To enable me to file a fully particularised defence and counter-claim, I require specific information regarding the accounts cited in the Claimant's Particulars of Claim to be provided forthwith. The information must be furnished by the XX XXX XXXX ( Allow10 days }, which gives you seven working days to provide what has been requested. If you fail to comply, this will be reported to the Court, and an order enforcing your compliance will be applied for forthwith.

 

1. In respect of my alleged indebtedness to the Claimant please provide:

 

a) True copies of the original signed agreements between myself and MNBA, as referred to in paragraphs X ) and X) of the particulars of claim.

 

b) All documents relating to any insurance added to the accounts, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

 

c) A true copy of any Default Notice/s issued in respect of these accounts, as referred to paragraph X) of the particulars of claim; (If refered if not remove)

 

2. I believe my alleged indebtedness to the Claimant to be comprised by Unfair Charges which amount to contractual penalties contrary to common law and statute. Therefore, in order that I may prepare and file a fully particularised counterclaim to the Claimant's action, please provide:

 

a) Full terms and conditions and charges tariffs relating to each account, from the date when the accounts were opened and including any revisions or amendments to the present day.

 

b) A full and comprehensive statement history for the account, providing each and every statement sheet from the time the accounts were opened until the present day.

 

c) Specific details of all fees/charges levied by MBNA in respect of these accounts and a detailed Breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

 

d) Where there has been any event in my accounts' history which has required manual intervention by any member of MNBA, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my accounts held with MNBA. If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.

 

PD Disclosure

 

9.2

 

Documents provided by one party to another in the course of complying with this Practice Direction or any relevant pre-action protocol must not be used for any purpose other than resolving the matter, unless the disclosing party agrees in writing.

 

[mintminty59]

So I send that to HFC and Restons yea?

[AndyOrch]

Just Restons will Suffice