HFC issued court proceedings - Restons Collection Charge removed

[fuzzybrain]

Re: HFC issued court proceedings

Fair enough, I did think let sleeping dogs lie. if they rear their heads again then I can deal with it then - but at least I don't have to worry about this at the moment.

With any luck Restons will disappear completely (after loosing £350 for trying to taking me to court)and i'll continue with my payments as i have been doing.

[fuzzybrain]

Re: HFC issued court proceedings

I have just called the court (as I just had a feeling something was bubbling - don't know why as i hadn't heard anything) and restons tried to push forward with the case on teh 17th June, but were told the case had been stayed and that if they wanted to go forward thenthey would need to make an application for the stay to be lifted first. the court have said that they haven't heard anything since from restons.

My guess is that they are probably submitting an application, but is it worthing ringing restons to see what they are up to and whether i can work this out without them going back to court???

[fuzzybrain]

Re: HFC issued court proceedings

Well I have phoned Restons, and as expected they have made an application to have the stay lifted. They state that they have an email asking for the case to be continued that was read before the stay was applied, so they expect teh stay will be automatically lifted and transferred to my local court.

So I need to formulate a battle plan and get everythign in order.

I still have had nothing what so ever from HFC in respect of my SAR. What do i do about this?? I SAR's them on the 27th April, but we did have some to and froing re proving ID etc. I have heard nothign since sendign the ID info back

Any ideas how I can get a defence in order as it was repeated to me again that they are going for a charging order.

Oh they also said the the collection charge is allowed as the loan will run over the time agreed so its a set charge of 16% to cover the period of time it will take to replay the loan - he did say that they might negiotiate the amount (dependant on what the court orders as a repayment amont per month) but would still inisit on a collection charge of some figure.

HELPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPP PPPPPPPPPP

[Amethyst]

Re: HFC issued court proceedings

Oh they also said the the collection charge is allowed as the loan will run over the time agreed so its a set charge of 16% to cover the period of time it will take to replay the loan - he did say that they might negiotiate the amount (dependant on what the court orders as a repayment amont per month) but would still inisit on a collection charge of some figure.

They say that but you find where it says that in your terms and conditions. Its a disprop penalty and you can have it removed. They can insist on what they like they can't add random stuff to claims willy nilly.

[fuzzybrain]

Re: HFC issued court proceedings

Have now had a letter from Restons:

Without prejudice

Further to our recent telephone conversation we confirm that in the event that the collection charge is remove from the clam the balance due will be £21,025.77 This takes into account the court fees and costs incurred of £410 and also provides you with credit of the 2 recent payments you made in May and June.

We look forward to hearing from you with your formal proposal to repay this balance.


I have conatcted the court and the stay has been lifted and the case has now been transferred to my local court. i still haven't had anything in respect of my SAR, but I know that there are charges on the account - do i need to get these sorted before making any proposal.

AQ are to be sent out by the local court, so is this a further cost i coud end up with if judgement goes their way?

[fuzzybrain]

Re: HFC issued court proceedings

I now have the AQ from court - it has to be returned by the 30th July, so i really need help please???

[Amethyst]

Re: HFC issued court proceedings

honey

''
Further to our recent telephone conversation we confirm that in the event that the collection charge is remove from the clam the balance due will be £21,025.77 This takes into account the court fees and costs incurred of £410 and also provides you with credit of the 2 recent payments you made in May and June. ''


doesnt sound like they have removed the collection charges - just stating that in the event it is removed thats what the balance will be.

[fuzzybrain]

Re: HFC issued court proceedings

During the phone conversation they said that if we settled before the AQ they would remove the collection charge.

They are still pushing very heavily for a CO, but i did exlain that the house is in the region of £10,000 negative equity. I don't know why they are pushing so hard for a CO unless they intend to use it - and that's what scaring the ****** out of me

[Amethyst]

Re: HFC issued court proceedings

Okay we can do draft directions for the AQ - similar to standard bank chargey ones. Also make sure your admission and offer to pay is up to scratch on the remainder. We also, cause we havent have we?, got to get the defence on the collection charge in.

They will try for a CO, but you get an installment order at an AFFORDABLE AMOUNT (so dont try and offer more than you CAN AFFORD) they cant do a sausage unless you miss a payment.

We also beg judgey to stop interest and charges.

[Amethyst]

Re: HFC issued court proceedings

reference oft664

a. claiming collection costs from a debtor in the absence of express
contractual or other legal provision
b. misleading debtors into believing they are legally liable to pay
collection charges when this is not the case, for example, when there

is no contractual provision

[fuzzybrain]

Re: HFC issued court proceedings

The only defence I have entered is the embarrassed defence, which still stands as they never really responded to my CPR and HFC still have't responded to my SAR either......

I did phone HFC on Friday and they are going to send the SAR stuff out asap (but i've heard that one before!!)

Is it worth writing bac to Restons with a payment proposal before submitting the AQ to court, or just stay on the court route, as we will geta set payment order and perhaps offer more protetion in the long run....

[Amethyst]

Re: HFC issued court proceedings

The SAR issue is sidetracking you - if you think there are some charges then we can stick an estimated defended amount in for those - they have supplied ev erything the court asked them to.

The stay is lifted HFC have supplied the docs needed so we need

1) Admission and Offer to pay on all barr charges and collection charge
2) defend collection charge
3) defend charges estimate due to lack of info from HFC
4) ask for interest to be frozen

We need to enter a N244 to amend the defence with the new defence, admission and IE sheet - and the AQ with draft directions (for breakdown of collection charge/charges etc)

I would stay on the court route. You will have a CCJ whatever and they would still try for a C (and get it)

Also start, if you arent already, making the payments to them of the amount you are offering in your admission and offer to pay.

Do you want to get the relevant bits together from this thread and have a go at amending/doing the paperwork needed and I'll check it over for you ?

Have a look at bobscouse's northern rock/pinnacle thread too - he's just entering an admission and offer to pay too - with the CO offered in return for installments.

[fuzzybrain]

Re: HFC issued court proceedings

The SAR issue is sidetracking you - if you think there are some charges then we can stick an estimated defended amount in for those - they have supplied everything the court asked them to. I don't think that they did - they never sent a copy of the LBA letter nor a breakdown of the charges or anythign to do with the collection charge they applied, so they have only complied on part. The court never issued any diretions they wrote to restons with my defernce and asked them what they wanted to do next.

The stay is lifted HFC have supplied the docs needed so we need

1) Admission and Offer to pay on all barr charges and collection charge
2) defend collection charge
3) defend charges estimate due to lack of info from HFC
4) ask for interest to be frozen

We need to enter a N244 to amend the defence with the new defence, admission and IE sheet - and the AQ with draft directions (for breakdown of collection charge/charges etc) Will go through the payment history that they sent - but it's difficult to figure out what is and isn't charges.... I do have a wonderful page on the agreement that says that there is only 3 occassions that they wil charge me and that 16% collection charge isn't listed on it!!

I would stay on the court route. You will have a CCJ whatever and they would still try for a C (and get it) Ok, at least the payents will be sent and they can't keep hassling for more this way. I will still defend against a CO as i feel they are abusing the system as i haven't missed a payment since sending a reduced proposal through. It will take nearly 12 years from when i took the loan out to repayment date (instead of the agreed 5) and I think this is why they are kick off about wanting a CO

Also start, if you arent already, making the payments to them of the amount you are offering in your admission and offer to pay. We have been reqularly paying them since we started with Payplan and they have received the payments and have confirmed this.

Do you want to get the relevant bits together from this thread and have a go at amending/doing the paperwork needed and I'll check it over for you ? Will do, shall i email it when done (won't be till at least Weds I should think)

Have a look at bobscouse's northern rock/pinnacle thread too - he's just entering an admission and offer to pay too - with the CO offered in return for installments.

Will do - although Restons did say that if i agree to a voluntary CO then they would drop the claim for a CCJ.....

Thank you very much for exaplining all of this and helping me, i do appreicate it, even if i don't always understand what i'm doign and go off side tracked on issues!! Just give me a slap and tell me to behave and i'll get back on track :tinysmile_twink_t2:

[Amethyst]

Re: HFC issued court proceedings

'' Will do - although Restons did say that if i agree to a voluntary CO then they would drop the claim for a CCJ.....''

Get that in writing off them - drop Collection charge, accept installments and withdraw court claim and you will take a CO.

Ask them to write confirming their offer, don't offer it to them (just be clever wording it)

[fuzzybrain]

Re: HFC issued court proceedings

Ok, i'll draft somethign up and perhaps you could have a look at it????