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    • In essence I am trying to win a loosing battle i take up the 33 % discount on offer me thinks
    • Whose duty?   you can use civil law to pursue the GDPR issue with the police (though, as I’ve stated: it may not do you any benefit).   The court isn’t bound by any duty under GDPR that the police may (or may not) have. I can only repeat, the duty of the magistrates regarding verdict is “is the offence proven beyond all reasonable doubt?”. They can’t, and won’t, be influenced by the GDPR issues at that stage, and you are misguided if you continue to believe that it will make a difference to their verdict.
    • the duty of the police
    • Hi Andy   The following is my WS2 in reply to their WS2, please do let me know if i need to mention/amend/add anything to it, the attachments are in my previous post #78.   Can i add my costs as this is the second hearing for it?   Also i don't know if this will help but i also have an old Capital One Credit Card which i don't use anymore, so how can i possibly have 2 Capital One Credit Cards as this claim is clearly for the Luma Credit Card....   SECOND SUPPLIMENTARY WITNESS STATEMENT OF ROLAND I, Roland, the Defendant in this case, will state as follows; I make this second Witness Statement as a supplementary to my first Witness Statement dated 22ndNovember 2019 Page 1-2 and Amended Defence dated 17thDecember 2019 page 3-4 in Exhibit xx1 in response to the claimant’s second witness statement dated 14thJanuary 2020.    THE DEFENDANT’S RESPONSE TO THE CLAIMANT’S WITNESS STATEMENT  1. The claimant failed to comply with my Section CPR 31.14 and Section 78 of the Credit Card Act 1974 request and their claim remained stayed for over one and half years. I can only assume as this was due to the claimant not having any of the requested documentation below and issuing a claim in hope of an undefended default judgment.     2. The stay was lifted by Deputy District Judge Mitchell 4thDecember 2019 and the Claimant’s application for summary judgment and/or strike out was dismissed.   3. My amended defence was filed and served 17thDecember 2019.    4. I received the Claimant’s Second Witness statement 21stJanuary 2020.   5. It is accepted as per my Amended Defence para 2 insofar that I have once held a contractual relationship with Capital One Bank (Europe) Plc for a LUMA Credit Card and not a Capital One Credit Card.    6. The Claimant’s point 23 in their second witness statement dated 14thJanuary 2020 refers to me providing supporting evidence that my application was for a LUMA Credit Card, and that their position that it is for a Capital One Credit Card. This is for the Claimant to prove it’s a Capital One Credit Card and not a Luma Credit Card, when this matter was heard by Deputy District Judge Mitchell 4thDecember 2019 he also questioned the Claimant’s advocate the same.   7. The Claimant’s point 24 refers to the Reconstituted Capital One Credit Card Agreement in their Exhibit JK1 pages 2-3, that a firm is able to reconstitute a copy of the agreement and that there is no obligation to provide a copy which includes a copy of the signature, then why has an electronic signature and date been applied…regarding the same question by Deputy District Judge Mitchell on the validity of the signature on this Reconstituted agreement to which the claimant’s advocate stated that it may have been an online application, which is not true as it was a signed postal Luma Card Application and not a Capital One Credit Card online application.    8. The Claimant’s point 25 states that they would say that the 16 digit account number in the top left hand corner on the Reconstituted Agreement is now not the account number but a ‘document number’ and that the Account number is on Page 9 of their Exhibit JK1, which is a blank page with my name and a 16 digit Account number on it. The Claimant is backtracking and clearly16 digits are Credit Card/Bank Card numbers.    9.  The Claimant’s reconstituted Agreement has failed to be a true reconstituted version and failed to provide any supporting document to confirm that this claim is for a Capital One Credit Card and not a Luma Credit Card.     10. The evidence provided by way of Exhibit JK1 is woefully deficient and invalid and not pursuant to the CCA 1974 request.  Until such time the claimant can comply and disclose a true executed copy of the agreement complete with terms and conditions from inception which they refer to within the particulars of this claim and witness statement they are not entitled while the default continues, to enforce the agreement pursuant to section 78.6 (a) of the Credit Consumer Act 1974.   11. For the reasons set out above I invite this court to strike out the claim and request my costs as litigant in person to be awarded.      Many thanks, Roland 
    • By severe penalty you mean ? criminal record is criminal record right ? isnt it still their duty comply with GDPR albeit Civil
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ElizabethAnne

£6k HFC Loan from 2005 - still owe restons +£5k - help

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hi, first post so please bear with me.

 

I asked Restons for a CCA a few years ago and sent £1 postal order. They returned it saying that I had to request this from HFC. I did nothing about this, but recently sent another CCA request to Restons.

 

They replied saying " our client is not obliged to provide the requested documentation without the appropriate application and fees made payable to our client"

 

They then go on to say it refers to an HFC loan taken out in or around 2016 and was referred to Restons in 2008. Is the 2016 a typo error?

 

They have enclosed a questionnaire with a threat of legal proceedings if not returned by June 27th.

 

Questions

Which is the correct form to send?

What is the fee

Do I send it to Restons or HFC

Do i continue to pay them?

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I am paying Restons, last payment was May 2016 so I am due to pay June about now.

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CCA request for sure to rectums.

or whomever they say it their 'client'? who is?

when did you take the loan out and for what?

bet theres PPI & penalty charges to reclaim

 

 

have you all the statements

if not SAR HFC too

 

 

dx


..

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Took loan out in 2006, I really cannot remember what for, got myself in a bit of a muddle, and had a tough time. No statements at all.

 

I will send the CCA request from this forum, as it differs from the one I sent a couple of weeks ago.

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2006!

 

and restons have it

99% bogus

how much is outstanding and why did you start paying prestons

got caught out by a silly threat-o-gram?

 

tell us the history that you remember of the debt

and is it on your credit file?

 

dx


..

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Just over £5,000 outstanding,

Yes i think I got caught out by the "you have to pay or else" and just carried on doing it .

 

I wrote re CCA in 2012 but they returned by £1 PO saying that they were not the creditors but a firm of solicitors.

 

i just carried on paying, always meaning to do something about it.

 

Last time I checked it wasnt on my credit file.

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So should I send the CCA request as per the one on this site, with £1 PO?

 

And should I carry on paying?

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when is your next payment due?


IMO

:-):rant:

 

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up to you

could either

'delay' any payment until a cca response. you'll prob only just get a reminder/collection letter in the mean.

or pay mondays


IMO

:-):rant:

 

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yes until they fail the CCA request.

 

 

can you answer post 4 please


..

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hi I replied to post 4 in post 7, Sorry I am still getting the hang of how this all works.

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who are restons clients please

 

 

dx


..

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really

so the debt is still owed by HFC

that's rare for them to farm it out to rectums

without selling it.

 

well why are you paying rectums then?

ignore them Pay HFC directly.

 

so CCA request goes to HFC

sar goes to HFC

 

have you been getting statements?

dx


..

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yes statements come from HSBC

 

It says on the statements that my account is currently being collected by Restons

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but you not got statements from day one

nor the agreement

nor how much you originally took out?

 

 

was the the only HFC loan too or were there others?

something not sitting right here

its very rare for HFC to still have a debt this old on there books

esp when it must have been defaulted years ago

and since dropped off your CRAfile...

 

 

dx


..

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Hi

this was the only HFC loan.

 

I have found a statement for 2008 to 2009 and then most of them up to 2015.

 

Says you borrowed £5987 in April 2005 - personal loan

 

I cannot find the agreement.

 

Found a letter dated June 2013 which says it has been transferred from HFC Bank to HSBC bank,

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something smells bigtime here.

 

 

how the beep can you owe +£5000

when you only borrowed £5987 in 2006...

 

 

urm that sar is going to be interesting...


..

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I have only been paying £5 a month. Can you just confirm who I send the SAR and CCA to please? Is it Restons, HFC or HSBC?

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