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car2403 -v- HFC Bank (Default removal)


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Hi Chris.

 

I'm just trying to reread your thread as i too am in battle with HFC via Weightmans and the county court :eek:

 

If ever you're bored, feel free to pop over :p

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/131502-weightmans-hfc-county-court.html

I'm midway through the tunnel, but getting closer to the light.

 

 

 

Please be aware that i am not an expert in anything!

I may offer an opinion, but the final decision is yours.

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  • 4 weeks later...
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The adjourned application hearing date set for that is 23 May.

 

Well, I have to say, I'm extremely shocked! :shock:

 

Letter from Restons saying HFC have withdrawn their application for summary judgment, after receipt of my amended defence/counterclaim, and will be asking the Court to vacate the application hearing in May.

 

This is the first time "they" have acted reasonably in managing my claim - maybe I shouldn't be so skeptical in the future, then? :oops:

 

Anyway, it seems we are now back to square one again and waiting on allocation (fingers crossed for small claims track, for speed more than anything else) to take place with a final hearing date to be set.

 

Nothing to report on this one, but I wanted to post an update anyway.

 

Still waiting on allocation, which seems to be taking a long time - I've been waiting well over a month now!

 

I'll try to remember to chase the Court this week, if I don't receive something soon, as I want this over and done with during May/June at the latest.

 

I may drop Restons one last attempt at an early settlement, to see if I can tickle their fancy after they've read the amended defence/counterclaim and buck the system to get out of this quickly. It did work with my other claim against HFC, but that was for a substantially smaller amount, (£700-odd against £4k-odd here) but I can live in hope.

 

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It sounds like you may have a good chance of 'tickling their fancy', as i bet you've placed many seeds of doubt in their mind.

 

May the power of Richard be with you :p

I'm midway through the tunnel, but getting closer to the light.

 

 

 

Please be aware that i am not an expert in anything!

I may offer an opinion, but the final decision is yours.

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richard_o_brien_203x152.jpg

 

You obviously haven't been on a mcdonald's milkshake sugar rush over the weekend :D which is when conversations about Richard o'Brien last cropped up!

I'm midway through the tunnel, but getting closer to the light.

 

 

 

Please be aware that i am not an expert in anything!

I may offer an opinion, but the final decision is yours.

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richard_o_brien_203x152.jpg

 

You obviously haven't been on a mcdonald's milkshake sugar rush over the weekend :D which is when conversations about Richard o'Brien last cropped up!

 

Oh, right. LOL!

 

I've gone cold turkey on Maccy D's shakes... for now anyway ;)

 

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  • 2 weeks later...
I'll try to remember to chase the Court this week, if I don't receive something soon, as I want this over and done with during May/June at the latest.

 

I eventually got round to calling the Court for an update.

 

They seemed surprised that I was calling, as they said "this case file has been closed"! Imagine my surprise! ;)

 

Turns out that the last letter from Restons, saying that HFC had agreed to vacate the application hearing set for 23 May and that they had agreed to withdraw their application for summary judgment against me, was taken by the Court to mean that they were withdrawing their claim against me! :p

 

The Court is wrong! :rolleyes:

 

I've told them this and they said it will take another 2 weeks to get a Judge to review the file again and set directions - Restons haven't asked for any, so I've asked them for small claims track and standard directions to be issued.

 

They also said it will probably be July/August by the time that this gets to Court now... Flaming 'eck! That will be 12 months to deal with this fiasco... (This thread is one year old on 11 August!)

 

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  • 3 weeks later...
  • 4 weeks later...
Rang the Court again, the file still hasn't been reviewed. The Clerk said it should be reviewed this week...

 

Righty-o...

 

I haven't kept this thread as up to date as possible, as I've been working away from home and had limited time online to update it. There also hasn't been any significant updates to post about - until now that is. ;)

 

Anyway, once all the wrangling with the Court about Restons sending them a letter to withdraw their Summary Judgment Application against me and my letter withdrawing my Summary Judgment Application against against them, the Court eventually seems to have accepted that the claim wasn't withdrawn after all. So, on we go, with the proceedings then...

 

BUT...

 

During all this, something interesting has happened - the basics of it is that HFC have agreed to discontinue their claim against me and remove the Default with the CRA's, if I agree to discontinue my claim against them and withdraw the counterclaim in full.

 

In essence, this one is done and dusted, bar the shouting over the execution of a consent order, (which I've now signed and sent to Restons to file with the Court) so...

 

I'VE WON!

:p

 

Ok, so I've agreed with withdraw the counterclaim, meaning I can't now pursue those £1,100-odd in charges, (I think, it has been a while since I needed to do anything with this claim!) but the whole point of this fight was to get the Default removed - and that has happened - so I don't think I've lost out too much there.

 

Incidentally, I know that "others" have had similar results with those in the "HFC/Restons relationship", and they are now being chased by DCA's that specialise in unenforceable debts. Lets see if that happens here, but they've took one bite of the apple and got a foul taste in reply, so I'd like to see them have a go. I also think the Court would have something to say if they didn't remove the Default, or they continued to try to pursue the debt, in Court or otherwise - but I'm fully prepared to take the fight to them if that happens.

 

It has taken almost a year to get this far. Without the help of CAG and my many, many new friends I've found along the way, I simply wouldn't have even bothered - if you question my honesty there, just go back to some of the posts on the first few pages of the thread and you'll see how far I've come since then! A many few hours spent reading the forums, a few thousand posts later and taking the fight to many organisations along the way, I can now safely say that I am... (drum roll, please...)

 

Completely debt free! 8)

I fully intend to share my own personal "CAG success story", (I'll post a link when it's done) once I've constructed it and have some time to post it, but I have to say that this is THE thread that has caused me the most heartache and strife along the way. The hardcore of you that have been with me since the beginning will know all about it. Those that are finding this for the first time can look back over the 12 or so pages that are here to see the full caper from scratch. If only I hadn't put all this in the public domain! I could have easily wrote a bestselling book with this one!

 

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Well that's all out in the open now then Chris ;)

 

Let's hope it's done and dusted and dopey HFC don't start playing silly burgers and as you say, passing your account and/or info onto people further down the food chain than themselves/Restons.

 

I'm pleased you got the result you wanted even though it resulted in you withdrawing your counterclaim. :D

 

Cheers

Rob

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I'VE WON!

:p

 

 

Completely debt free! 8)

 

quote]

 

:D Well done you!! That really is fantastic news, Chris. This is the result you obviously deserve.

 

I shall look forward to reading the "CAG success story" ;)

 

Don't forget to apply for the celebratory title change to **WON** :p

I'm midway through the tunnel, but getting closer to the light.

 

 

 

Please be aware that i am not an expert in anything!

I may offer an opinion, but the final decision is yours.

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  • 2 weeks later...

Well done indeed - that sounds like a school report!!

 

 

Your post 220. Have you got round to checking the 1983 regs yet. It seems to me that whilst the tolerances (>.1

 

1) The APR is not a prescribed term for any agreement.

 

2) However the APR must be shown except as in 3)

 

3) For the purposes of these Regulations, it shall be sufficient compliance with the requirement to show the APR if there is included in the document

 

(1) a rate which exceeds the APR by not more than one;or

 

(2) a rate which falls short of the APR by not more than .1

 

So the APR must be shown and it must be shown at a value as previously defined (the AAR% rounded to one decimal place)- there is no tolerance as to the value of APR. There is however a tolerance in the requirement to show the APR.

 

So if for example the APR is 17% it will not need to be shown if the another interest is shown which is greater than 16.9 and less than 18.

This merelly reflects the tolerances that can be advertised as %APR.

 

I think that CAG posters (includes me) and the OFT who have said that the VALUE of the APR is correct if it is within these tolerances have been mistaken.

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  • 2 weeks later...

HFC have been naughty, here, because the Default still hasn't been removed.

 

The consent order doesn't explicitly state that it will be removed, but I have a letter from Restons stating that HFC "confirm that the default will be removed from your credit file once the order has been approved by the Court", so I'm now writing to the CRA's (CallCredit and Equifax) enclosing copies of the Court sealed consent orders and asking them to suppress the Default entries immediately.

 

I think they will contact HFC, so I'm hoping they will play ball and instruct them to remove it. If they don't, I'll happily apply to the Court for an order of specific performance, but I could be getting ahead of myself there - lets see what happens when I query the CRA's first. :wink:

 

I don't want to push my luck, as the consent order doesn't state they will remove the Default, but I will be relying on promissory estoppel because of the letter I have, if they don't. I won't explain that here, just yet, (some of you know what I mean already) but I will go in to detail once I know the CRA's/HFC's response to my request to supress first. :p

 

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You can never take anything for granted, can you Chris? I would have thought the CRAs will act on the evidence you have, but i have learnt to never ever presume!

 

I shall look out for the update ;)

I'm midway through the tunnel, but getting closer to the light.

 

 

 

Please be aware that i am not an expert in anything!

I may offer an opinion, but the final decision is yours.

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  • 2 weeks later...
HFC have been naughty, here, because the Default still hasn't been removed.

 

The consent order doesn't explicitly state that it will be removed, but I have a letter from Restons stating that HFC "confirm that the default will be removed from your credit file once the order has been approved by the Court", so I'm now writing to the CRA's (CallCredit and Equifax) enclosing copies of the Court sealed consent orders and asking them to suppress the Default entries immediately.

 

I think they will contact HFC, so I'm hoping they will play ball and instruct them to remove it. If they don't, I'll happily apply to the Court for an order of specific performance, but I could be getting ahead of myself there - lets see what happens when I query the CRA's first. :wink:

 

I don't want to push my luck, as the consent order doesn't state they will remove the Default, but I will be relying on promissory estoppel because of the letter I have, if they don't. I won't explain that here, just yet, (some of you know what I mean already) but I will go in to detail once I know the CRA's/HFC's response to my request to supress first. :p

 

These Bankers just aren't playing ball... no reply to the letter I sent, but then, I haven't checked my credit file yet so it may have just gone anyway.

 

I'll hold out another week to see what happens before I bombard them with LBA's regarding Court Orders for Specific Performance and then start harassing (I mean "communicating"!) with the CRA's to fight the battle from both sides.

 

Dirty, rotten Bankers... :p

 

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Such language, Chris, at this time of the morning :p

 

I suspect you'll be looking forward to a good fight, i mean, opportunities to liase on a regular, meaningful basis with these good people ;)

I'm midway through the tunnel, but getting closer to the light.

 

 

 

Please be aware that i am not an expert in anything!

I may offer an opinion, but the final decision is yours.

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