Reston/HFC -notasniceasjoe

[notasniceasjoe]

Amethyst asked that I post the particulars of claim for the cc claim (<£5,000) that I've received in here.

The Issue date for this claim is 12th Feb 2010, but since I work away I didn't get to see it until the end of the week. That has lost me a week in dealing with it.

It states -

The Claimant claims payment of the overdue balance due from the Defendant under a contract dated on or about xx/xx/97 in the sum of xxxx.xx inclusive of interest to the date of this summons at 19.8% per annum from xx/xx/08 to xx/xx/10

Particulars - a/c no XXXXXXXXXXXXXXXX

Date Item Value
xx/xx/2008 Default balance xxxx.xx
xx/xx/2009 Post Refl Cr -xxxx.xx

xx/xx/2008 xxx.xx
xx/xx/2008 xxx.xx
xx/xx/2010 Interest xxx.xx
Total:- xxxx.xx

Together with:-
Interest pursuant to contract
at the rate of xxx.xx pence per day
to the date of judgement or sooner payment.

I'd been paying £xxx a month to Restons by standing order since the end of 2008 following their initial letter, but have missed two recent payments. I've had no contact with them myself for over a year. That letter stated that there was a collection charge of £xxx.xx - which is not however included specifically in the particulars of claim.

Having read these forums, and others, today, it strikes me that I don't have a copy of the CCA and that it's also pretty clear that, as a self-employed person, I couldn't have claimed under the PPI policy attached.

I don't know how best to proceed at this stage. I appreciate that I need to acknowledge the claim, which I can do online, but there are questions I have in order to complete the court forms in the timeframe given.

I can't say what defence I would have against the claim, given that I don't have the documents necessary to evaluate that. I haven't requested a copy of the CCA from either HFC or Restons and clearly I need to do so.

Would I be able to make a counterclaim for the sum of the PPI policy payments and/or other account charges at the same time?

If I make the acknowledgement, online, which then gives 28 days to file a defence would that be sufficient time in which to gather the required documents to make that defence? It strikes me that, in a number of these case, the solicitors like to drag their feet or flatly refuse to produce the required documentation in time.

[frisp]

Re: Reston/HFC -notasniceasjoe

Not sure on the process of counterclaiming however I do know that pre 2000 their agreements are pretty moody, they managed to get a CCJ against me b4 I discovered this and other sites.

The only thing that will work on the agreement these days is if it doesn't contain the Prescribed terms or is unsigned by your self. Immediate steps are to get a look at it, when I did get around to asking it was son illegible it couldn't be read with a magnifying glas and was unsigned.

Someone will correct me or look up on here what to do when you receive such claims

Send them something like the following with a copy sent to the courts may get them to withdraw their claim or at least allow you to gain time to plan a proper defense providing they don't supply you with the info before the court case starts which they won't as they'll have to go back to HFC for it and they've probabl lost it.

Acc No.

Address

Dear Sir/Madam

I have received the Court claim filed by your Company. To enable me to file a defence and counter-claim, I require specific information regarding the account to be provided forthwith.

Given that this matter is now the subject of legal proceedings, you are obliged to disclose under the Civil Procedure Rules, the information and documents detailed below.

The information must be furnished by the xx xxx 2010, which gives you ten days to provide what has been requested. If you fail to comply, this will be reported to the Court, a copy of this letter will be provided as evidence to the same and an Order enforcing your compliance will be sought.

1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.

2. All records you hold on me relevant to this case, including but not limited to:

a. A transcript of all transactions, including charges, fees, interest, repayments and payments and both the original amount of the loan and any repayments made to it the account.

b. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor

c. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with HFC.

d. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

e. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

f. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

g. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

h. A genuine copy of any deed of assignment, or proof that you have a legal right to this money.

i. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

j. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

3. Any other documents you seek to rely on in court.

4. A copy of your complaints procedure, as required by the Consumer Credit Act 2006.

I will require this information within the next ten days. I must advise you that if the information is not forthcoming, it will be reported to the Court that you are trying to frustrate proceedings and denying me the opportunity to file a defense and counter claim

Yours Faithfully

[notasniceasjoe]

Re: Reston/HFC -notasniceasjoe

Thanks Frisp. that looks very comprehensive and includes reference to the insurance element too

What sort of timetable do such court cases normally run to? After the 28 days permitted for filing of a defence then how long is the piece of string likely to be before ending up in court itself?

[notasniceasjoe]

Re: Reston/HFC -notasniceasjoe

After reading around I'm now crystal clear that I need to submit an Acknowledgement of Service, ir order to extend the time available to put together a defence. I'll do that by Friday.

In the meantime I'm uncertain as to whether to send the solicitors a CPR31.14 request for the documents that the Particulars of Claim refer to. My uncertainty comes from the fact that the PoC only refers to "a contract" with a date and no other document is explicitly mentioned. The description of a Default balance, and the date, implies a default notice, but doesn't explicitly mention one. There is also the issue that the amount claimed is just less than £5,000 and, if allocated to the Small Claims Track, there is the excuse that CPR 3.14 doesn't apply..

I also need to get a breakdown on how the figures presented in the PoC were calculated and, in the event of making a counterclaim, details of the PPI policy.

Frisp, your suggested letter covers both of those aspects, but is there a risk that by not making reference to specific clauses of the Civil Procedure Rules that any non-compliance with the requirements of the latter wouldn't be held as breaching those particular clauses?

I'm conscious that, in trying to learn more about these procedures, that I've lost another day here in not sending anything to the solicitors, but I really don't want to send the wrong thing off, even if it does just get ignored.

[frisp]

Re: Reston/HFC -notasniceasjoe

send the letter as well as acknowledge, this puts a line in the sand with the judge that you want to at least consider whether or not there is a case to answer but to do that you need to see what evidence they are basing their case on.

If they don't pony up with the evidence within 10 days then you can start complaining to the court that youcan' prepare adefence.

Send the letter to restons registered today, send a copy to the court. Wait to see what happens, Restons know the game, they may be bluffing and like my case I didn't know enough so ended with a CCJ.

Once we see the contract we can then decide if there is a case to answer

[notasniceasjoe]

Re: Reston/HFC -notasniceasjoe

Thanks Frisp. I've done the acknowledgement of service and a CPR 31.14 request to the solicitors, for the contract, which I will also copy to the court. I've also done an SAR and CCA request direct to HFC. These are all going recorded delivery as soon as the Post Office opens.

[frisp]

Re: Reston/HFC -notasniceasjoe

OK keep on top of the timeline, make sure responses are received in time for you to send in a complaints to the courts when they miss deadline.

Post up the agreement when it gets sent

[skyblue2027]

Re: Reston/HFC -notasniceasjoe

I have a debt with these guys where i accepted the CCJ (very niave) but they are going for attachment of earnings. Debt is for £726.

i have completed their form and made an offer to clear at £100 per month and made them aware on the form that my job would be at risk if an AOE was made.
Will this be taken into consideration and what are my options if Restons refuse my offer?

[notasniceasjoe]

Re: Reston/HFC -notasniceasjoe

Sorry Skyblue, I'm as new to this as you are. Hopefully someone who knows will be along to offer advice.

In my case the deadline for the solicitors to provide a copy of the alleged agreement passed, the deadline for HFC to provide a copy passed and, just as I was about to file an embarrassed defence and request the court to order disclosure, or request a strike-out, a copy of a signed Application Form and some Terms and Conditions arrived from HFC yesterday. My defence has to be filed next week.

Here's a copy of the Application form that HFC sent yesterday

Documents for CAG :: Application Form picture by spartacub - Photobucket

I've obscured any information that could be used to identify.

Note the bit about the strong recommendation on taking the PPI cover and the self-employed status being declared.

They are legible, but very small print. Not sure how well they will read on-screen.
http://i963.photobucket.com/albums/a...G/hfctandc.jpg

There's the terms and conditions.

Does this constitute an enforceable agreement?

It's legible, albeit with a magnifying glass.

Any comments anyone?