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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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marbles card/Restons court claim form - help new to this!!!


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pestons hate counter claims

 

which card and how old?

 

tell us the history

 

you say you've done the unlawful charges - did you hit them with compounded int?

 

and what about PPI?

 

there are several threads to read through here

 

just use restons in the advanced search top right

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi Dx , The card is marbles taken out in november 2000

 

I had them for compound interest , there is no ppi on the card

 

the links below shows the history

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?249469-HFC-Bank-And-Restons-solictor-letter&p=3179715#post3179715

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?249469-HFC-Bank-And-Restons-solictor-letter

 

cheers

 

Jfk

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hit the triangle...

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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You say you had an agreement - was this on top of normal payments?

 

You have to acknowledge the claim within 14 days of service, which give you another 14 days to defend, if that's what you decide to do.

 

Did you have it in writing that they would freeze the interest?

 

Did it depend on you making the payments?

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Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Hi thank you for the reply , I will gather all info i have and reply tomorrow , the court form needs to be acknowledged by the 18th so have a little time to gather all the facts for you , please come back tomorrow

 

thanks

 

jfk

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I'm subscribed to the thread now so will see when you post.

 

To help get an idea of the bigger picture, do you have other debts and would a CCJ cause you problems, eg if you're likely to want a mortgage.

 

I'm just trying to see the best way to tackle this, because obviously they can't have what you haven't got, but you don't deny that you did borrow on the card.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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You should do an income and expenditure sheet as well to hand in to the court, this will help your case. I am about tomorrow afternoon and will pop back then.

 

uk

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Hi ,

I dont appear to have a letter from them saying interest is frozen ,

 

 

I have a letter from restons saying that thier client accepts my offer of the monthly payment that i offered them .

 

 

I have done a sar with them and got late charges credited back to the account ,

I just noticed that the so called credit agreement terms which is the " priority application form "

actually has a date of feb 2001 on it ,

 

 

I took this card out in november 2000 so I have the application form from november

with terms and conditions from feb the year after ?

can that be correct ?

as they have not given me the terms in force when I made the application .

 

 

On the court form restons are claiming interest at the rate of 435.18 pence per day

to the date of judgement or sooner payment.

 

 

they are claiming this at 19.8% from feb 2010 to 28 june 11 the figures they quote are in this thread ,

 

 

can they claim this interest ??

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Should I be asking restons for a breakdown of the poc ? although I guess what i have posted at the topof this thread is just that ?

It looks like I will have to plead guilty with time required to pay as I dont think I can contest this ?

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hit the triangle then

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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IMHO I think your chances of success are at best slim. Are you in a position to start payiing again. Did you explain to them why you stopped paying?

 

I haven't seen answers to previous questions I've asked which are relevant.

 

As regards the interest being added, if they agreed to freeze interest if you paid £x per month and then you didn't pay, then I think they might be justified in adding it again.

 

As UK says, an income and expenditure form would be useful.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Hi Caro , thanks for the reply much appreciated . I will be in a postion to start paying again at the end of this month , whilst I was making payments no interest was added but I cant seem to find anything to back that up , so as you say my chances look pretty slim . I will start making payments again this month after I have done a new I and E form .

one other quick question before I complete the court form saying I will need more time to pay and wont defend the claim is the card was taken out in november 2000 but the " priority application form " has terms and conditions with it dated feb 2001 , could this be relevant ?

 

thanks

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OBviously the t&cs cant be from the time you entered into the agreement if they were dated afterward. Whether this would help in a defence, I really dont know.

 

You could apply for a Time Order.. which is what it says.. time to pay. I have posted some information below for you.

 

http://www.consumeractiongroup.co.uk/forum/entry.php?186-Time-Orders-A-guide-for-the-rest-of-us

 

HTH

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Anyone else have any comments about whether t and c dated after the card was taken out has any influence on this ?

Who knows what a judge will think, but they certainly don't like people trying to avoid paying debts (and I know this isn't what you are trying to do}. I agree with CitizenB that a time order would be a good idea as it could avoid you getting a CCJ. Take a look at the link she's posted and see what you think.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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thanks for the link caro , I will digest that , just had a quick look and it looks quite complicated on the surface but as I said I will digest . so on the court forms do i just complete the admission form for the total amount they claim or just the original amount that was outstanding ?

please advise if you are able to

 

thanks

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