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RESTONS and Marbles (HFC) - Help Please


AllanLyn
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I sent a SAR to HFC on the 10 December with no reply to date. Today the 19th I recieved a letter from Restons saying "we are instructed by HFC to claim immediate payment of the balance on your Marbles Credit Card" Is there a reply on the forum tp this type of letter? What should my response be ? Should I send the CCA letter to them asking for a copy of the agreement? HELP .... I just dont know where to start on this one..

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I have drafted this letter to Restons

 

 

19 December 2006

 

Dear Sir/ Madam

 

Reference: HFC xxxxxxxxxx

Your letter 18 December 2007

 

Please note. I am now initiating investigations with HFC Bank Limited into the validity of the original amount that was claimed to be owed due to possible excessive charges. In the meantime please be aware that I consider this matter to be “in dispute”.

 

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

 

On10 December they were posted a Data Protection Act 1998 Subject Access Request, I am still waiting for the reply.

 

HFC Bank Ltd has been accepting £10 per month for a number of months, the last being cashed 13 December 2007.

 

 

At this time I do not recognise your claim including the collection charge.

 

Yours faithfully

 

 

Mr AllanLyn

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  • 1 month later...

I received all my statements from Marbles but they did not provide a copy of the orginal agreement.

Restons just plain ignored my letter to them, however, I have not any further communication from them... so while it is peaceful I will leave them alone and shortly chase marbles for the excess bank charges.

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  • 3 weeks later...

Well things have moved along... Restons bless them decided to send me a CCJ in reply to my letter. Having not recieved a copy of my agreement from HFC.

I acknowledged the CCJ to give twentyeight days playtime, and sent Restons the usual CCA letter and £1 requesting a copy of the agreement.

 

Today I recieved a letter from Restons telling me that "their Client is unable to locate a copy of the Legal Agreement in this Matter".

 

They did not mention the CCJ ... I guess I will now need to file my defence and I found this in one of the other threads which I was going to amend to suit my situation (these are not my dates).

 

I would appreciate help on my response.

 

1. This Defence is filed and served without prejudice to the right of the Defendant to apply for summary judgment in respect of and/or to strike out the Particulars of Claim.

2. The defendant wrote to the claimant to request a signed copy of the alleged agreement on 16th February 2007.

3. This request was not fulfilled.

4. The defendant wrote to the claimant on 16th February 2006 enclosing a statutory £1 fee to request a signed copy of the alleged agreement, under section 77-79 of the Consumer Credit Act 1974.

5. The claimant replied by letter on Thursday March 01 2007 stating " We acknowledge receipt of your letter dated 16 February 2007. Our client is unable to locate a copy of the Legal Agreement in this matter as requested." Signed Mr M Houghton,Litigation Executive.pp Reston's Solicitors Limited.

6. The Consumer Credit Act 1974 (Sections 77−79) state clearly that the claimant has 12 days to fulfil the request after which the claimant is in default. After a further calendar month the debt becomes unenforceable.

7. By failing to comply within the specified prescribed time the claimant has committed a criminal offence.

8. The Defendant invites the Claimant to remedy the above by supplying a copy of the alleged original credit agreement. In the event that the Claimant fails to do so within 14 days of the service of the Defence then the Defendant will apply to the Court for an Order striking out the Particulars of Claim.

9. The Defendant reserves the right to plead further to the Particulars of Claim once and if the Claimant produces the alleged original agreement. In the meantime, it is denied that the Claimant is entitled to the relief claimed or any relief whether as pleaded or at all.

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  • 3 weeks later...

I have read your thread with interest, Restons also entered a CCJ against my husband despite the query on the charges. They then went one further and put a charging order on the house. We recived the statements after two months and I have writtien them to claim the charges back. Restons have said it has nothing to do with us deal with HFC direct!

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Last laugh .. in addition to this one i have going through at the moment and before i found this site Restons and HFC did exactly the same thing to me as you with another account.... I am much more aware of my rights now..... I, just like you wrote to Restons about that account and they told me the same ... contact HFC.... So that is exactly what I will be doing!! and if there is no agreement I am going back to Court to see if I can get the charging order lifted.

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Got a reply from the Court they have sent the defence to Restons ... they now have 28 days to respond... but they are going to need that agreement lol....

 

 

 

 

IN REALITY IT IS 28 DAYS PLUS 5 DAYS

 

honest it is !!! THEN THEY MIGHT NOT FIND THEY HAVE SOMETHING FOR UP TO A WEEK AS THEY ARE SO BEHIND

 

i met someone last weekend who used to work there

 

honest it is !!!

:cool: sunbathing in juan les pins de temps en temps

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  • 4 weeks later...
  • 3 months later...

Well.. it has been a long time ... but I have been in hospital and not so well at all .... Mrs AllanLyn did not want me upset ... an I have just found out I got further correspondence from Restons.

 

To put it in context:

Letter from HMCS on 21st March acknowledge reciept of my defence saying restons have 28 days to contact the court after recieving copy of my defenceand after that time has elapsed the claim would be stayed and the only action the claimant can make would be to apply to the for an an order lifting that stay 28 days would have been up on 23 April 07.

On April 5th a letter from Restons with front page of the agreement attached (should be two pages).

Nothing more from them until May 29 when io get a court pack from them containing An Application Notice dated 18th May requesting a summary judgement and A Notice of application dated the 25th May telling me the hearing would be on the 30th July 07 ..... Am I missing something here .... have the procedures been followed as they should have been?

URGENT REPLY REQUIRED AS I AM IN COURT TOMORROW

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it only took me 7 minutes to spot your post

 

hope you are better have just asked the cavalry to help you

 

remember they have to supply the original terms and conditions from when you joiined ---- have you looked at the standard disclosure in the trial bundle -- they only have an electronic copy of the application form --- it is only an application form it does not contain the prescribed terms --

 

 

have you got thr trial bundle ???

:cool: sunbathing in juan les pins de temps en temps

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Dunno about cavalry, but I've popped in.

 

It seems to me that your best chance so close to this is to make sure you are able to show that the agreement they have produce, does not contain all the prescribed contents to make it a properly executed agreement as recognised under the CCA 1974.

 

Are you able to look at it and convince yourself now that this is the case? Can you show the judge exactly WHY it does not conform, and have documentation to support this?

 

If so, you should be able to win this by showing that the debt is unenforcable.

 

If you aren't convinced, please come back urgently so we can find out exactly what you need to know. Are you able to scan the agreement at all to show us?

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In the letter they sent me the applcation form only had the front sheet... in court bundle they have added a second sheet with the definitions use of card and charges etc ... however it is a copy of a fax sent to them from hFC 0n the 10 Feb 2005

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In the letter they sent me the applcation form only had the front sheet... in court bundle they have added a second sheet with the definitions use of card and charges etc ... however it is a copy of a fax sent to them from hFC 0n the 10 Feb 2005

 

 

it is a cut and paste job

 

look at the item 4 charges

4 (a) it says 0.37% per month apr= 4.5%

4 (b) handling fee 1.5% minimum fee £2.50

 

lok carefully there is nothing at all on it to suggest it has anything at all to do with marbles !!!

:cool: sunbathing in juan les pins de temps en temps

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So they haven't actually yet PRODUCED the application form? And even if they do, if that is what it is, it really shouldn't constitute an agreement, no matter what they say.

 

Ah, I see. FC has read further back through the thread than I have.

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