car2403 -v- HFC Bank (Default removal)

[Laiste]

Hi Car2403,

 

Okay, first of all take a deep breath, I can tell the Court claim has rattled you and I can understand why! Yes, they've issued it because you sent a CCA request, and it is standard behaviour from HFC and their solicitors I'm

afraid!

 

Secondly if you have calculated when the Defence has to be filed by, ensure you have included 5 days for service in addition to the standard 28 days. Regarding the Defence, you have until the 22nd Oct (?) to file it, so you need to stop panicking about submitting it! It can be filed online up until 4pm on the 22nd(?), so there is no need to rush, nothing is achieved by submitting it at the earliest possible opportunity! It is also most unwise to file it early and then discover that you should have included/not included certain information. I always recommend that the full time available is taken to allow sufficient time to cover all that is relevant and to edit out bits that aren't.

 

I'm sorry to be the bearer of bad news and no doubt you have taken a lot of time drafting both the abridged and long Defence, but neither is appropriate, I'm afraid. Have a look at some of the Defences I've drafted for ideas as to how it should read. If you don't get the Defence right, Restons will file an application for Summary Judgment as soon as they receive it. I'm not trying to worry or scare you, I just know how the sols that work on behalf of HFC operate. So it's best to get it right first time to avoid having to file an Amended Defence and attend a Summary Judgment Hearing!

 

If you want my honest opinion, you are wasting your time going to CAB, they will not be able to guide you in respect of the Defence or the case generally. You will get better advice here! If your thread is not receiving much attention, ask one of the Mods to put it where it will be seen by more people. Most people seem to visit the debt forums, so that might be the best place for it, if it's not already there that is! LOL:rolleyes:

 

I hope this information has been of some help.

 

Regards,

 

Laiste.

[Laiste]

Hi Car,

 

It's me again!

 

I'm not surprised that you haven't had many replies on your thread, it's very much out of the way here! I would PM a Mod and ask for it to be moved asap. Caro is very helpful. I would also ask for the Default Removal part of the title to be removed, as it might mislead people as to what your thread is about, and of course it's about a Court claim now.

 

Regards,

 

Laiste.

[Laiste]

Thanks Mods!

 

Thread now in the right place... Woo hoo!

 

Can an expert offer some advice, as I seem to be barking up the wrong tree in my thinking? I'm seriously considering accepting Judgment and asking for time to pay rather than defending this...

 

 

I am baffled by your comment that you are considering accepting Judgment, rather than defending this claim...??? Don't you think it's a little soon to be despairing? You sent me a PM this morning and I responded this morning. So you are not still waiting for someone to get back to you! You have (if your calculations are correct) 3 weeks before your defence has to be submitted, so I don't understand what the problem is suddenly? Whilst I have said the two defences you have drafted are not suitable, there are ones that I have written that you can adapt and people like Rory and Tomterm are extremely helpful with drafting defences also!

 

You are going to have to exercise some patience here, you won't be left to deal with it on your own, but those of us who write or assist with defences are very busy, which you have to appreciate.

 

I am quite concerned by this latest message that you have posted and I just want to be absolutely clear with you that defending a Court claim is by no means an easy option. I'm not saying this with the intention of trying to persuade you to throw in the towel, (that's never something I would suggest) but if you are getting jittery and restless because you haven't had any responses since this morning, then going through the process of a Court claim will drive you mad! Nothing happens quickly once litigation is underway, so you either have to accept that things will move slowly and will not be resolved immediately or give up. If you're debt is over £5000, then you're looking at 6 months before the matter is concluded, assuming nothing happens during proceedings to prolong the case.

 

I think you should take a deep breath and relax and simply view this a project you are undertaking, and that you are going to learn a great deal on this journey. Accept the fact that this matter has to be dealt with and that the best way of dealing with it is to defend and see the case through. Don't make a decision in haste, that you will spend the next 6 years regretting!

 

Regards,

 

Laiste.