TBI Claimform - Old HFC Loan

[gust]

haha thanks

 

 

also the N1 is addressed to not my previous address... but the one from before that!

 

God knows how they did that - I have communicated from my CORRECT address countless times to them.

 

I will ask about why the address is wrong too

 

just checked for number on the notice of issue - or one sided photocopy rather lol

 

number says 03001231372

[dx100uk]

 

While you are at it... just make sure that the claim number is legit and has been issued through them...they will advise.

 

Regards

 

Andy

 

now that would be turn up for the books.

 

i know TBI are dodgy but that would be the icing

esp for the authorities

 

dx

[gust]

why is there now stamp/seal on it then???

[AndyOrch]

why is there now stamp/seal on it then???

 

Well thats why you are ringing them tomorrow Gust.

[dx100uk]

the forms can be downloaded gust

[gust]

great thanks for all the help again.

 

Will keep you updated.

 

TS says i could have a harrassment claim since they cant take me to court but are threatening me with the likes too.

[gust]

Phoned today. Northamps said cant get password as already served.. To previous address.

 

I have not been sent claim direct to me via current address.

 

I told her i only had one sided copies from solicitors only.

 

She passed me to loughborough callcentre to discuss as they are dealing with it.

 

Told both i sent aos in error and dont have proper claim forms to use mcol.

 

They say i cant use mcol anyway? As claim did not originate off there?

 

I asked when have i got till?

 

She said im already over time, its the 4th!

 

I said the solicitor wrote and said i have till 18th!

I said what can be done?

 

She is sending me proper N1 and said surely i must be able to get more time for not being served original at my current address?

 

She mentioned a 45 quid fee.

 

I said but this isnt my fault is it, what can be done about this?? She said, file your defense and quickly....

 

I asked about aos extention to 28 days too and she said no.... We have not been made aware of this.

 

I said so the solicitor has not contacted regarding?? Her reply was no!

[AndyOrch]

Ok Gust so if not issued through Northampton where was it issued from?

 

In the meantime if they apply for default Judgment you have the basis of a certain set a side...not that they could have one is she is reissuing the claim.

 

Andy

[gust]

the lady at northampton said they issued it originally but to wrong address. She was surprised i wsnt sent another at current address

 

ta

[AndyOrch]

Ok once you receive it get onto MCOL and check the status...if a Judgment has been awarded a set a side will be easy.Reading between the lines the Claimant has yet to request judgment.May be an idea to file the Defence now by email.

[gust]

Thanks.

 

I will sit down with poc later and re draft def.

 

What counterclaims do i have besides ppi and penalties?

 

Ts say it isnt enrcable too. So is there dpa breaches here? Credit file searches, passing to another dca when in dispute etc?

 

Harrassment? Thanks

[AndyOrch]

Ok gust

 

I wont be available until tomorrow evening...so we can run through your options then.

 

Regards

 

Andy

[gust]

new draft

 

Particulars of Claim:-

 

1. By an assignment dated the November 2007 made between HFC Bank PLC and the claimant, the said HFC Bank Limited sold and assigned all their rights, title and interest in and to each loan facility, hire purchase, leasing or any other Agreement. The said Agreement included the sale of a HFC Bank Personal Loan Agreement, regulated by the Consumer Credit Act 1974 made between HFC Bank PLC and the defendant under Agreement Number xxxxxxx, a true copy of the said HFC Personal loan agreement is attached to these particulars. Formal notice of assignment of the said agreement was given by the claimant's by way of notice in writing September 2008.

 

2. The said Agreement was for a loan made by the said HFC Bank Limited to the defendant dated 620th may 2005. The defendant was to repay the balance outstanding by monthly installments. The defendant commenced repayments but failed to maintain the payments, the last payment made was the sum of £70.00 on the 5th January 2009. On the 15th September 2012 the claimant served on the Defendant a Default notice requiring the Defendant to pay the total amount that was then outstanding which amounted to the full outstanding balance of £5811.58, on or before October 2012 2008.

 

3. Since the Default Notice dated 15th September 2012 the Defendant has failed to comply with terms of the Default Notice and has failed to pay the total amount due as required.

 

4. The balance outstanding under the said agreement is £5811.58.

 

And the Claimant claims:-

 

(a) The said sum of £5811.58

 

(b) Contractual interest on the amount of £5811.58, limited to 8% per annum from 4th October to the date hereof being 20th December 2012 amounting to £99.06 and thereafter at the said rate of 8% per annum until payment, currently equating to £1.27 per day.

 

© Pursuant to the said Agreement payment of all costs on an indemnity basis incurred by the Claimants in enforcing the Agreement subject to proceedings.

 

 

Defence and Part 20 Counter Claim:-

 

1. Paragraph 1 is admitted with regards to the Defendant entering in to an Agreement referred to in the Particulars of Claim ('the Agreement') with the HFC Bank Limited. The Defendant did not enter into any Agreement with the Claimant directly, it was with Beneficial Finance Ltd of which closed all its branches since July 2009. No True copy of any said agreement has been given since the Defendants Request for information under the Consumer Credit Act 1974 dated January 2009, so the Claimant is still in default of the Defendants Legal request. The defendant also received no correspondence from either Beneficial Finance Ltd or HFC Bank Limited That the Claimant would be Assigned to any rights title or interest in the Claim.

 

2. Paragraph 2 is admitted but it is denied that HFC Bank Limited or Beneficial Finance Ltd ever served a Default Notice pursuant to the CCA1974 which precludes the claimant from any enforcement or relief.

 

3. Paragraph 3 is denied as the Claimant has failed to comply with their obligations under the s77 of the CCA1974 and precluded form adding any interest or seeking enforcement or relief and the Claimant is put to strict proof to:

 

(a) show service of a valid Default Notice and proof of delivery.

(b) show how the Claimant has legal right by way of the Credit Consumer Agreement and Terms and conditions applicable; and

© show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

4. Paragraph 4 is denied as no such amount was owed to HFC Bank Limited. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

5. On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the Consumer Credit Act 1974 and non compliance to s77 of the CCA1974.

 

6. Incorporated within the sum demanded by the Claimant are sums claimed for their administration fees, late payment charges and like provisions. It is denied (if it be alleged) that the Claimant has incurred any such fees and charges, alternatively that such fees and charges if incurred accurately represent sums lost by the Claimant by reason of late payment. The Defendant avers that the incorporation of such claims is penal and unenforceable at law.

 

7. The Defendant was miss-sold PPI on inception.

 

8. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

 

9. Section (b) the Claimant has added the Section 69 interest into their Particulars of Claim, the total appearing on the N1 Claim Form then requested it again on the N1 Claim form to be decided by the court.

10. Section © pursuant to the said agreement payment of all costs on an indemnity basis incurred by the claimants in enforcing the agreement subject to proceedings. This is denied as not mentioned on any Terms and Conditions

 

 

 

 

Part 20 Claim:-

 

8. The defendant/Part 20 claimant claims sums paid to the claimant /Part 20 defendant in relation to penalty Charges Incorporated within the sum demanded by the Claimant are sums claimed for their administration fees, late payment charges and like provisions.

 

 

And the defendant/Part 20 claimant claims:-

 

 

(a) £ 2xx unfair charges plus compound interest xxx% APR.

 

(b) Interest pursuant to Section 69 of the County Courts act 1984 at the rate of 8% per annum or up until judgement.

 

© P.P.I. Reclaim calculated to xxxxx

 

NEED TO WORK on

 

cost and time taken.

 

DPA breaches – (passing to another DCA while in default of cca request)

 

Harrassment.

 

do the last three here go in part 20 too??

 

 

 

any pointers???? thanks - this is hard work!!

 

should the solicitor have told the court i sent them the AOS? or was that my job?

 

im late now with my defence anyways

 

CAB has noticed bank churn on the recon - and advised me to push through FOS.

 

so this makes my defence even more complicated.

[AndyOrch]

Hi Gust I would have thought you had already submitted the defence.

 

" NEED TO WORK on

 

cost and time taken.

 

DPA breaches – (passing to another DCA while in default of cca request)

 

Harrassment."

 

 

Lose the above not applicable.

 

Andy

[gust]

ok thanks

 

how about the rest? does it make sense?

 

just to confuse the matters here - C.A.B sent the agreement to be analysed - they said that it is a "bank churn" exercise and needs to be sent to F.O.S.

 

gettting a bit crazy now.

 

 

also C.A.B said they were not concerned too much about being over time since ascot didnt notify the courts i had 28 days instead of 14. Like you said I might have to ask for a set aside?

 

how would this be done?

 

thanks

 

shall I file partial defense as above tonight?

 

what would i have to state this as if i did?

 

would it help?

 

thanks

[AndyOrch]

Im not sure what a "bank churn " refers to?...... a reconstituted?

 

Defence is fine that's why I assumed you had submitted it already.

 

If I was you gust I would spend less time listening to the CAB and concentrate on your time line, if you had submitted on the 13th you may not need a set a side.

 

Andy

[gust]

i have till 18th

 

BUT ascot DIDNT tell the court i did this - so the court thinks im out of time from the 4th.

 

Thanks - i didnt submit it as I wanted you to look it over first -

 

 

yeah i guess the bank churn is a different matter anyways to this....

[AndyOrch]

Check MCOL in the morning see if it will still let you enter it.

[gust]

i cant Andy

 

still have not got re-issued claim forms! so still no password. they couldnt give me it on the phone either

 

ill send to

 

[email protected]

 

now for good measure

 

damn..

 

is that the right place?

 

or

 

[email protected]

[AndyOrch]

ill send to

 

[email protected]

 

now for good measure

 

 

I think thats it.

[gust]

right

 

thats sent!

 

now wiaiting for the re-issued N1 and response pack- I may even get to look at MCOL soon to see what is going on!

 

Cheers again Andy

[AndyOrch]

Let me know what transpires Gust ...check with CCBC in the morning they have received it and what the status is.

[gust]

hmm

 

i sent to CCMCC

 

will that get to CCBC?

 

or should i send to BOTH - just realised different initials

[AndyOrch]

Check it in the morning now Gust if not re send in the morning

[gust]

ok many thanks

 

time to sleep!!

 

cheers and fingers crossed -