help needed please - application form as CCA sec 77 ?

[Amethyst]

Wicked

Ame
xx

[hellhasnofury]

Hello, Just off to the post office with a bunch of letters HA HA lets see what they come up with now.
One to hfc and one to restons

[peed 'orf]

Hello, Just off to the post office with a bunch of letters

What no flowers?

[hellhasnofury]

Hello,

Just had a bit of luck with the good old faithful NWesty.

I am thinking of offering hfc a gowg to stop their court action. Any ideas of what to put in the letter. Also would I send a letter to restons Solicitor of hfc or both.

My defence for the case has to be in by the 21st June and I defended it.

[Amethyst]

Hey Hell

Is this you offer for half even though you dont acknowledge the debt if they drop the claim ?

Ill have a play this evening for you

Ame
xx

[hellhasnofury]

Hello Ame,

Just thought i'd let you know.
Have just received a letter from Restons stating

Thanks for your letter blad de blah

We will reply in full once we have instructions from our client!!!!!!

MMMMmmm wonder what will come next. cant wait

[Amethyst]

wow ! more than I got....but don't hold your breath too long

I'll work on letter tonight once the kids go for more than 30 seconds without needing a drink/a sandich/a biscuit/tv on/tv off/fell off trampoline/ stood in dog poo etc etc etc etc have to love'em dont ya.

[hellhasnofury]

wow ! more than I got....but don't hold your breath too long

I'll work on letter tonight once the kids go for more than 30 seconds without needing a drink/a sandich/a biscuit/tv on/tv off/fell off trampoline/ stood in dog poo etc etc etc etc have to love'em dont ya.

Hiya, did you get the kids tied up Mine are in be by nine with the doors bolted etc. Only kidding

Got a bog standard letter from hfc re complaint. will be back with a response yeah right:rolleyes: whatever, didn't even sign it ignorant prats

[Amethyst]

Wee boost for you HFC Bank taking me to court - Page 2 - Consumer Action Group

Havent been able to post my congrats over there....seems no one else has felt like it either...swines.

Sorry I havent been about much over the weekend...am getting my brain in gear today (I hope) so we'll have a chat later

[TropicalMoonShine]

Wee boost for you HFC Bank taking me to court - Page 2 - Consumer Action Group

Havent been able to post my congrats over there....seems no one else has felt like it either...swines.

Sorry I havent been about much over the weekend...am getting my brain in gear today (I hope) so we'll have a chat later

Hello

This is so*fed*up from CAG! I just want to add my support HFC are evil, but you can beat them if you play your cards right. Good Luck - stay calm, don't worry too much (it's hard I know) and you will win Please get in touch if there's anything you want to ask me or anything.

[Amethyst]

Hi Fed - Its so nice to see you - well done on winning - well getting the outcome we wanted I was so chuffed to read that this morning. I'm not able to get over much these days.

Keep an eye out for a couple others over there going through the same thing.

Hell has a couple options open at the mo, but honestly we expect the same outcome as yours, and mine.

Stay in touch

Ame
xx

[TropicalMoonShine]

Hi Fed - Its so nice to see you - well done on winning - well getting the outcome we wanted I was so chuffed to read that this morning. I'm not able to get over much these days.

Keep an eye out for a couple others over there going through the same thing.

Hell has a couple options open at the mo, but honestly we expect the same outcome as yours, and mine.

Stay in touch

Ame
xx

Hi Ame,

It's all down to you - I couldn't have done it without you, and I really think you are fantastic to give up so much of your time to help others

I'm still fighting lots of battles with my debts - I have CCA requests all over the place, lol, but I'm feeling more organised with things now, and I know that help is only a few clicks away!

I get threatening letters almost every day from one place or another, but they don't scare me anymore - I'm tougher now. As long as I have got my kids, I am happy, and that's one thing that no matter what happens, no baliff can ever take from me

Keep up the good work (((hugs Ame & Hell)))

Pleased to have found this site!

Fed
xx

[hellhasnofury]

Hello fed,

So nice of you to offer your support to me. and so glad you have come over here

I still have to send my defence in, and the days are going fast. Ame has been terrific in her guidence, information and support. I think if she wasn't here to help, I would have handed myself into the police station by now.

Can you tell me what you put in you defence? and what the court said?

I am still waiting for replies back from restons and hfc, but still think I will have to submit the defence.

1st defence no ca and wish to submited another defence if needs to

2nd defence collection charge.

I is still very daunting and my confidence is waning, but I have to try

[hellhasnofury]

Hello Ame,

I keep on looking a the poc you posted and I am getting nowhere fast. I keep on putting it off for another day, but the days are going fast.

Sorry to be a pain.

1st defence

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 on 1tth April 2007 enclosing a statutory £1 fee to request a signed copy of the agreement, under section 77-79 of the Consumer Credit Act 1974. (Appendix A2)

3. This request has not been fulfilled. (Sorry this bit do I mention the re-contral application form sent to me missing all the prescribed terms etc. and quote the relevant section such as S61 and S127)

4. The Consumer Credit Act 1974 (Sections 77−79) state clearly that the claimant has 12 days to fulfill the request after which the claimant is in default. After a further calendar month the debt becomes unenforceable. These time limits expired on blah and blah

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

6. The Defendant invites the Claimant to remedy the above by supplying a copy of the 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.

7. The Defendant reserves the right to plead further to the Particulars of Claim once and if the Claimant produces the 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.

What do you think please

[Amethyst]

para 3 - yes.

3. This request has not been fulfilled.

4. The defendant has supplied a copy of a pre-contractrual application form (appendix 1a). This document does not fulfill the requirements of section etc etc
list prescribed terms not complied with ............ ( I'm going to copy this post to the CCA section of the site, and go fishing over the road as theres been a couple defences based on application forms sent under s.77 which should have the correct wording)