Please help, advice needed - Restons & N1CPC received

[Georgie38]

Hi all, please bear with me as I`m new to the forum, although I have read through some of your similar posts. I therefore hope I can pick some brains as to what I am to do next. I shall begin ~

Late summer of 2007 at the beginning of the recession my son had a life threatening accident and was hospitalised for months (I had to live in the hospital for that time to be with him) therefore I lost my income for that period of time. Unfortunatley in the September of the same year my husband was made redundant and a week later so was I. We were both unemployed for about 6 months and overjoyed when we both found employment by the spring of 2008.

As you can imagine all these months of no income and constant disasters hitting us from all directions the bills were mounting up and we had to admit defeat and offer a minimum amount to the companies which was £1 per month, thankfully we never defaulted on any payments to do with the house or anything secured on it. (The advice we had to pay the minimum amount was from Payplan Ltd) plus although we were happy to be back in employment our new jobs did not pay as much as the previous ones, so we found ourselves on a slippery slope. By the end of 2008 we increased our monthly payments to £2 per month, more out of goodwill and to show a commitment to our debts, I have never missed and always responded to letters etc promptly. I/We have 11 companies owed between us roughly about half each and am receiving no problems from any of them except HFC/Restons ~ I paid HFC the above amounts along with the others and then about 6 weeks ago I received a letter from Restons, in that time HFC have requested more money but I`v managed to keep them at bay with Financial Statements and covering letters etc.

Roughly 6 weeks ago, like a bolt out the blue I received a letter from Restons on HFC`s behalf demanding the full amount 4364. I immediately sent them an Income and Expenditure form and a covering letter stating this simply was not possible, but they wouldn`t budge, they sent me a couple of more letters the same, and each one I replied too! today I have received the N1CPC from the court.

Sorry to drabble on but what do I do, do I fill it in and go along gracefully or do I dispute. I`v got 14 days to respond and feel as sick as a pig.

I do not deny owing any money and am doing my best, although I am paying a small amount, in my nievity I was hoping that paying promptly and regularly it would count for something, I obviously intend to up the offers as income allows, but obviously as yet it hasn`t been possible.

Any help or advice would be greatly appreciated.

[rebel11]

Hi george

 

Welcome to CAG

 

The guys will be happy to advise as soon as they are available.

 

Thread moved.

[twofoot]

If you have the N1 can you tell us the POC, particulars of claim. You can then issue a request for a copy of the documents they rely on using CPR.

[harrassed senior]

The fact that you have had full disclosure of your I & E and have made regular payments will go a long way in Court. In all probability, the Judge will see that you are meeting your obligations to the best of your ability, and many judges might even say that Restons are wasting Court time with their actions. You will not be made to pay more than you can afford.

[Tingy]

Do not ignore it. You must submit a defence and either go along as a Litigant in Person, or if you can find a no win no fee solicitor or get Legal Aid then get a solicitor to defend the case for you (pick carefully). As HS says above, as long as the court can see you are making every effort to repay your debts and can see you are not stashing millions away from your IE sheet, you will not be made to pay more than you can comfortably afford.

 

It you look at the HM Courts website, it actually tells businesses not to take people to court when there is little or no chance of them getting their money. I think you are on strong ground so see it through, put a defence together and fight them.

[dx100uk]

have you the org HFC agreement?

 

HFC will have undoubtedly put PPI on the loan and hit you with unlawfull fees aNd charges.

 

if you have not already, i'd get a SAR off to them.

 

if there are charges/PPI pestons hate this as it surmounts to a counter claim against the N1.

 

the judge will be none too pleased with pestons anyway doing this & with you £1PCM already running & the counter claims this may well derail the whole process .

 

watchout for pestons trying to settle once you've submitted reclaims, dont!

 

more when we know more

 

dx

[dx100uk]

moved to legal forum

 

dx

[Georgie38]

Hi Everyone,

Thank you so much for your support and advice, so do you recommend I should just fill out the N1CPC and get it back within the 14 days specified, so that the court can see the income and expenditure and hope it goes no further, also can I attach a letter to the court explaining my history of good and prompt payments to HFC in the past and hope they take all my goodwill payments into account or will they not take any notice of that.

Or should I contest it?

Once again, thank you guys, I was finally able to get some sleep last night without feeling sick, your support and advice is priceless, and don`t feel so threatened since your replies.

[vjohn82]

Hi Everyone,

Thank you so much for your support and advice, so do you recommend I should just fill out the N1CPC and get it back within the 14 days specified, so that the court can see the income and expenditure and hope it goes no further, also can I attach a letter to the court explaining my history of good and prompt payments to HFC in the past and hope they take all my goodwill payments into account or will they not take any notice of that.

Or should I contest it?

Once again, thank you guys, I was finally able to get some sleep last night without feeling sick, your support and advice is priceless, and don`t feel so threatened since your replies.

 

Have you got a copy of the original loan agreement?

[Georgie38]

Maybe somewhere in the loft archives, the agreement was originally with GM as in GM credit card then when we had problems with payments HFC stepped in then Restons, trouble is we had the GM credit card years before we actually defaulted on any payments, so in answer to your question, probably no its a high probability its no longer available as we began the agreement so many years ago.

[vjohn82]

Maybe somewhere in the loft archives, the agreement was originally with GM as in GM credit card then when we had problems with payments HFC stepped in then Restons, trouble is we had the GM credit card years before we actually defaulted on any payments, so in answer to your question, probably no its a high probability its no longer available as we began the agreement so many years ago.

 

Might be a good idea then to defend the action and send a CPR letter to the company requesting disclosure.