HFC/restons N1 received

[jackreacher]

start date 2004

Paid on a repayment plan until Dec 2012

stopped paying when they failed to comply under a s78 cca request

Have done a SAR and another S78 cca request.

 

I have looked for the template letter ..you are in default of my CCA request, can not find it.

( definitely me..and I should send it today)

 

Particulars of Claim

The Claimant claims payment of the overdue balance due from the Defendant under a contract dated on or about 02/03/1994, in the sum of 9894.69 inclusive of interest to date of this summons at 19.8% per annum from 06/09/13 to 19/06/14

 

PARTICULARS OF ACCOUNT a/c no;- XXXXX

 

DATE ITEM VALUE

06/09/2013 Default balance 8565.76

post Refrl Cr Nil

 

19/06/2014 interest £1328.93

Total:- 9894.69

 

together with:-

Interest pursuant to contract at the rate of 464.66 pence per day

to the date of Judgement or sooner payment

 

 

regards JR

[BankFodder]

You will have to put in a defence

 

 

 

1. The claim is denied.
   
2. In any event the claimant has failed to supply a true copy of the agreement despite being statutorily obliged to do so in response to requests by made on XXXdate XXX date and XXX date.

You had better work out what to do if they do come up with a CCA

[jackreacher]

It does not look like a detailed particulars of claim.. are they allowed to claim the interest etc.

 

I have acknowledged the POC. I have yet to put in a defence but only have two weeks to do so.

 

Any good short defences.. I doubt they will have the Agreement so I will play that card from the start.

[dx100uk]

are HFC restons client?

[jackreacher]

Yes not been sold Dx.. any idea if they will still have a agreement from 1994?

what letter to send next..

[dx100uk]

new CCA request and CPR is a must

 

dx

[jackreacher]

Clue me (link) in on the cpr bit .. I did not do that on my other ones..

 

I presume that is because iit has not been allocated to a track yet?

[dx100uk]

Green library tab top left legal section

 

you can request copies of what they refer to in their PoC

[jackreacher]

Ok I have requested under 31.14 inspection of the agreement they mentioned in their POC. (post1)

 

They have come back and said " The documents you requested are not mentioned in our Particulars of claim" well I only mentioned the agreement and it is. So Restons are inbreach of 31.14 in my opinion?

 

So I am looking to use CPR to say why the below are not mentioned in your POC and there fore you are admitting to breach of PRACTICE DIRECTION 7B below. This leads to CPR 3.4 and Cpr 4.1 (1) unable to defend the claim ad Cpr4.1 (4) has not disclosed documents

 

 

Matters which must be included in the particulars of claim

 

7.1 Where the consumer crediticon Act procedure is used, the claimant must state in his particulars of claim that the claim is a Consumer Credit Act claim.

7.2 A claimant making a claim for the delivery of goods to enforce a hire purchase agreement or conditional sale agreement which is:

(1) a regulated agreement for the recovery of goods, and

(2) let to a person other than a company or other corporation, must also state (in this order) in his particulars of claim:

(a) the date of the agreement,

(b) the parties to the agreement,

© the number or other identification of the agreement (with enough information to allow the debtor to identify the agreement),

(d) where the claimant was not one of the original parties to the agreement, the means by which the rights and duties of the creditor passed to him,

(e) the place where the agreement was signed by the defendant (if known),

(f) the goods claimed,

(g) the total price of the goods,

(h) the paid up sum,

(i) the unpaid balance of the total price,

(j) whether a default notice or a notice under section 76(1) or section 88(1) of the Act has been served on the defendant, and, if it has, the date and the method of service,

(k) the date on which the right to demand delivery of the goods accrued,

(l) the amount (if any) claimed as an alternative to the delivery of goods, and

(m) the amount (if any) claimed in addition to –

(i) the delivery of the goods, or

(ii) any claim under sub paragraph (l) above with the grounds of each such claim.

 

I really want to push rectums.. all help gratefully received

[oleg]

Hi Jack

Claimant are under no obligation to respond to your CPR 31.14 request but you will be able to ask the court to direct them to supply the documents. At the moment it's no big deal. Don't let yourself get waylaid by minor side issues at this stage.

Note the breathtaking childishness of Restons. They mention contract. You request agreement. They say they didn't mention an agreement.

My oh my.

[AndyOrch]

Absolutely as oleg states do not be distracted...this is typical Restons for you.Disclosure follows the defence so let your defence define and clarify matters...the claimants are not compelled to disclose anything until the appropriate stage of proceedings or unless the court directs otherwise.

[jackreacher]

Got you both and thanks... any good threads as I have not met this lot before.

 

Problem I have is I have nothing to defend.. I have never had a HFC Card. Which is all they mention in the POC.

 

Is there a nice holding / embarrassed defence in this situation. In my others, they have at least supplied the basics..I bet you have one tucked away Andy

 

Plus they have definitely never sent a DN on this. I know how important it is to keep them. No NOA either..

 

3 x s78, going back over a year and last was 3 weeks ago..

[AndyOrch]

You will need to be at your sharpest when dealing with Pestons...plenty of my defences scattered throughout the Legal forum.

[jackreacher]

Thanks again Andy and Oleg.. found one.. Black Sofa stayed.

 

Will use this. Unless ??

 

Is it normal to just receive the N1 and nothing else?

 

Reading through other threads they seem to be replying to para 1 etc.

[AndyOrch]

This one?

 

######Defence######

 

The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

1. Paragraph 1 is accepted I have in the past had agreements with HBOS for credit card services,it is denied with regards to the Defendant owing any monies to the Claimant. The claimant has failed to issue any Notice of Sums in Arrears since the alleged assignment. Failed to provide any evidence of agreement/contract/breach as requested by CPR 31. 14 and a Section 78 request and has declined to respond.

 

Therefore the Claimant is put to strict proof to:

 

(a) show how the Defendant has entered into an agreement with the Claimant; and

(b) show how the Defendant has reached the amount claimed for; and

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

 

3. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

4. 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.

 

5. On the XXXXXX 2014 I made a legal request by way of a section 78 request to the Claimant. The Claimant has failed to comply and therefore is in default of this request and as such unable to request any relief until compliance.

 

6. 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.

[AndyOrch]

Particulars brought forward:-

 

Particulars of Claim

 

1.The Claimant claims payment of the overdue balance due from the Defendant under a contract dated on or about 02/03/1994, in the sum of 9894.69 inclusive of interest to date of this summons at 19.8% per annum from 06/09/13 to 19/06/14

 

PARTICULARS OF ACCOUNT a/c no;- XXXXX

 

DATE ITEM VALUE

06/09/2013 Default balance 8565.76

post Refrl Cr Nil

 

19/06/2014 interest £1328.93

Total:- 9894.69

 

together with:-

 

Interest pursuant to contract at the rate of 464.66 pence per day to the date of Judgement or sooner payment

[AndyOrch]

Why are they claiming interest at that rate :- ?

 

" interest to date of this summons at 19.8% per annum from 06/09/13 to 19/06/14"

[jackreacher]

Yes .. and yes.

 

Will adapt the defence in post 15 above,, going through a lot of threads at the moment looking for defences.

 

Why are they claiming interest at that rate :- ?

 

" interest to date of this summons at 19.8% per annum from 06/09/13 to 19/06/14"

 

 

I do not have a fcuking clue Andy? again new to me, not had interest on my MBNA or lloyds.

My understanding was everything stopped and they could ask the court for 8.9%.

[AndyOrch]

In your first post you state " start date 2004 " date of the agreement ?

 

Particulars state " under a contract dated on or about 02/03/1994"

 

 

Then interest is applied from 06/09/13 to 19/06/14 why 06/09/13? Default ?

 

Think it may be advisable to complete the following ...this isn't adding up :-

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-April-2014**

[jackreacher]

just donated to Cag via C. B. will bang some more in when my lloyds costs come through..

 

got no default.. the 2004 was my mistake they claim it started in 1994.

 

You have received a Claim - What you need to do. **UPDATED April 2014**

You have received a claim form .

 

In order for us to help you we require the following information:-

 

Name of the Claimant ? = HFC ltd

 

Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to.

 

Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total) = have until Monday to submit a defence

 

What is the claim for – the reason they have issued the claim? Please type out their particulars of claim (verbatim) less any identifiable data and round the amounts up/down.

Particulars of Claim

The Claimant claims payment of the overdue balance due from the Defendant under a contract dated on or about 02/03/1994, in the sum of 9894.69 inclusive of interest to date of this summons at 19.8% per annum from 06/09/13 to 19/06/14

 

PARTICULARS OF ACCOUNT a/c no;- XXXXX

 

DATE ITEM VALUE

06/09/2013 Default balance 8565.76

post Refrl Cr Nil

 

19/06/2014 interest £1328.93

Total:- 9894.69

 

together with:-

Interest pursuant to contract at the rate of 464.66 pence per day

to the date of Judgement or sooner payment

 

What is the value of the claim?

 

 

 

Is the claim for a current or credit/ = Credit

 

When did you enter into the original agreement before or after 2007?= Before

 

Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. = Not sure, HFC Bank ltd are the claimant....no credit card with them ..may have taken over an account

 

Were you aware the account had been assigned – did you receive a Notice of Assignment?

 

Did you receive a Default Notice from the original creditor? found unenforceable!!!

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? = NO

 

Why did you cease payments:- Failed to provide a cca request

 

Was there a dispute with the original creditor that remains unresolved? =CCA request

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? YES stopped after no CCa reply

 

What you need to do now.

 

Answer the questions above

 

Send a CPR31.14 request to the solicitor named on the claim form for copies of documents mentioned/implied within the claim form. There are two different versions - one for Loans/Credit cards the other for Current accounts

 

Request 1 - Loans/Credit Cards

 

You may use a CPR part 18 request for any other information (not request documents) that you might require in order to defend yourself.

Please not that CPR 18 is specifically for Fast Track claims and although technically the claim has yet to be allocated to a track the claimant may refuse to comply for this reason.

 

If you require CPR Part 18 - this will need to be drafted specifically.

[jackreacher]

Particulars of Claim

 

1.The Claimant claims payment of the overdue balance due from the Defendant under a contract dated on or about 02/03/1994, in the sum of 9894.69 inclusive of interesticon to date of this summons at 19.8% per annum from 06/09/13 to 19/06/14

 

PARTICULARS OF ACCOUNT a/c no;- XXXXX

 

DATE ITEM VALUE

06/09/2013 Default balance 8565.76

post Refrl Cr Nil

 

19/06/2014 interest £1328.93

Total:- 9894.69

 

together with:-

 

Interest pursuant to contract at the rate of 464.66 pence per day to the date of Judgement or sooner payment

 

 

 

#####Defence#####

 

 

The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

1. Paragraph 1 is accepted I have in the past had agreements with HBOSicon for credit card services,it is denied with regards to the Defendant owing any monies to the Claimant. The claimant has failed to issue any Notice of Sums in Arrears since the alleged assignment. Failed to provide any evidence of agreement/contract/breach as requested by CPR 31. 14 and a Section 78 request and has declined to respond.

 

Therefore the Claimant is put to strict proof to:

 

(a) show how the Defendant has entered into an agreement with the Claimant; and

(b) show how the Defendant has reached the amount claimed for; and

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

 

3. As per Civil Procedureicon Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

4. 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.

 

5. On the XXXXXX 2014 I made a legal request by way of a section 78 request to the Claimant. The Claimant has failed to comply and therefore is in default of this request and as such unable to request any relief until compliance.

 

6. 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.

Edited July 19, 2014 by Andyorch
Particulars added fro reference

[AndyOrch]

I think the interest needs to be challenged...that's not section 69 at 8%

[jackreacher]

getting there and Thanks Andy

 

 

 

DEFENCE

1. The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

2. Paragraph 1 of the POC is denied, I have in the past had no agreements with HFC Bank Ltd for credit card services.

 

3. The claimants particulars of claim are vague and fail to disclose any cause of action, they appear to be an abuse of the process in that they fail to deal with the basic rules of pleading in accordance with the CPR.

 

4. No documents supporting the claims in the particulars have been offered which the defendant needs to establish what agreement it is that this action is based upon.

 

5. Without clarification of the claimants claim, the defendant is extremely disadvantaged and the claimants claim appears without merit

 

6. Paragraph 1 is denied with regards to the Defendant owing any monies to the Claimant. The claimant has failed to issue any Notice of Sums in Arrears.

 

7. Failed to provide any evidence of agreement/contract/Default notice/breach as requested by

CPR 31. 14. The defendant has made a Section 78 requests and the claimant has declined to respond.

 

8. Therefore the Claimant is put to strict proof to:

 

(a) show how the Defendant has entered into an agreement with the Claimant; and

(b) show how the Defendant has reached the amount claimed for; and

© show how the Claimant has the legal right, either under statute or equity to issue a claim. (d)show how the claimant has the authority to charge interest at 19.8%, between 06/09/2013 and 19/06/2014

 

 

9. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

10. On the 01/7/2014 I made a further legal request by way of a section 78 request to the Claimant. The Claimant has failed to comply and therefore is in default of this request as only 12 days are allowed under the statute. And as such they unable to request any relief until compliance.

 

 

 

12. Further to above the defendant is unable to plead effectively or at all. The defendant is embarrassed.

 

13. 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.

 

Signed with a statement of truth

[AndyOrch]

Not really sure what the above is now Jack ...intended defence ? If you wish to make them replead its done by way of an application (N244) not included in your defence.

 

I personally would let it stay and be vague...just address the interest aspect I have already advised.

[jackreacher]

Adjusted and put in the interest aspect..