HFC issued court proceedings - Restons Collection Charge removed

[Amethyst]

Re: HFC issued court proceedings

Will give you a hand cutting it down later - sorry just had to dump and run earlier xxx I think most things you want are in there just needs shrinking.

[Curlyben]

Re: HFC issued court proceedings

Ame, sorry to but in but, as this is an NBC claim it might be simplier with this as the defence:

Defence
1.The claimants particulars of claim are vague and fail to disclose any cause of action, they appear to be an abuse of the process in that they fail to deal with the basic rules of pleading in accordance with the CPR.


2.Even making allowance for the Northampton Bulk Regime the claim fails to disclose sufficient information as required by the CPR, there is no reference to any account number, no date of alleged agreement, no date of alleged default or details of any default notice served in accordance with s87 (1) Consumer Credit Act 1974, the claim is missing vital information.

3. Without admission that any cause of action is shown by the Claimant it is denied that the Claimant has a claim whether as pleaded or at all.

4. No documents supporting the claims in the particulars have been offered which the defendant needs to establish what agreement it is that this action is based upon

5. Without clarification of the claimants claim, the defendant is extremely disadvantaged and the claimant’s claim appears without merit

6.Further to above the defendant is unable to plead effectively or at all. The defendant is embarrassed.

So here's the plan:

1. file basic defence (above) Edit as needed.
2. write to the court pointing out the failure of the claimant to comply with their CPR obligations
3. write to the other side and tell them what you have done

Save yours for the actual Statement of truth, as needed.

[Amethyst]

Re: HFC issued court proceedings

yep thats okay - I would add to section 4 that you have requested info or not?

[fuzzybrain]

Re: HFC issued court proceedings

What is a NCB claim??

I noticed in the defence it makes reference to there beign no account number or account commencement date in the POC, but in my case there is, so i have deleted this part - was that ok???

I have had a play with the defence - any comments/suggestions/advice so far please??

1. The claimants particulars of claim are vague and fail to disclose any cause of action, they appear to be an abuse of the process in that they fail to deal with the basic rules of pleading in accordance with the CPR.

2. The claimants also failed to make any contact with the defendant prior to the commencement of court proceedings. HFC last communicated with the defendant via letter on the 10th March 2009, stating they were prepared to work with the defendant to resolve the matter amicably and hope to come to a mutual agreement in respect of reduced payments. (Appendix A). No further communication was received from HFC by the defendant until the arrival of court papers on the 18th April 2009.

3. The defendant sent a CPR letter (Appendix B)to the claimants on the 21st April via signed for 1st class post (which was delivered on the 23rd April 2009 Appendix C). A copy of this letter was also faxed to the claimants on the 21st April 2009 the claimant did not respond in any form to the defendant's request.

4. A further letter was sent and faxed on the 29th April 2009 (Appendix D). At the time of submitting this defence the claimants have not responded in any form to the defendant's request.

5. On the 27th April 2009 the defendant sent a SAR and CCA request to HFC via 1st Class signed for post. These were received on the 29th April 2009 (Appendix D). At the time of submitting this defence HFC have not responded in any form to the defendant's request

6. Even making allowance for the Northampton Bulk Regime the claim fails to disclose sufficient information as required by the CPR, there is no reference to the date of alleged default or details of any default notice served in accordance with s87 (1) Consumer Credit Act 1974, the claim is missing vital information.

7. Without admission that any cause of action is shown by the Claimant it is denied that the Claimant has a claim whether as pleaded or at all.

8. No documents supporting the claims in the particulars have been offered which the defendant needs to establish what agreement it is that this action is based upon

9. Without clarification of the claimants claim, the defendant is extremely disadvantaged and the claimant’s claim appears without merit

10. Further to above the defendant is unable to plead effectively or at all. The defendant is embarrassed.

[Amethyst]

Re: HFC issued court proceedings

NCB Northampton Bulk Centre (lol)

[fuzzybrain]

Re: HFC issued court proceedings

:doh: In my case then - it's a Non Communicating Brain!! If i was any thicker I'd be a very useful lump of wood!!

Any thoughts on the defence??

[Curlyben]

Re: HFC issued court proceedings

For now that's all that's really needed.
We can back this up later with full blown witness statements, etc.

Have you been in contact with HFC about this account as you have been making payments, etc.
This could well be a case of their computer system stuffing up and automatically passing it to Restons for action.
After all at the end of the day you have made reasonable offer of repayment and stuck to it, so this action should not of been started.

[fuzzybrain]

Re: HFC issued court proceedings

I spoke with them at the beginning when we first decided that we needed to go into a DMP. After that Payplan took over. In the letter HFC sent in MArch (which was the last letter i received from them) they acknowledged that they had been contacted by Payplan and that they would work with them to agree to a mutual agreeable reduced payment. They did nto inform us that the payments proposal sent to them was not agreeable, nor did they make a counder offer of what would acceptable to them.

I have made 3 payments to them 12th March £118.99, 18th March £118.99 and 24th April £127.73. They have received a total of £365.71.

Payplan are currently writting to all our creditors again as we have been able to increase the amount we pay into the DMP, so HFC payment will now be £149.70 which they should receive around 18th May, and around 18th of every month.

They have not made contact with Payplan at all.

[Curlyben]

Re: HFC issued court proceedings

In that case have you spoken to Payplan about all of this as they maybe able to use some leverage on your behalf.

[fuzzybrain]

Re: HFC issued court proceedings

I contacted them as soon as I got the court papers. Their suggestion was to send them court papers and accept the CCJ (with the collection charge). I didn't like that suggestion!!!

They said that if I decided to contest the CCJ then I would have to do it on my own as they didn't get involved with legal disputes about debts.

Payplan's recommendation to me was to keep making payments as the judge would be able to see that a payment plan was in place and that we had made regular payments as promised.

I have been able to download proof of payment to HFC and have a copy of my I&E to present to the court.

[fuzzybrain]

Re: HFC issued court proceedings

Well I have still heard absloutely nothing from HFC or Restons, as time is marching on to file a defence, so I thought i'd better get my botty on gear and get is sorted!!

Is this ok for a defence?

1. The claimants particulars of claim are vague and fail to disclose any cause of action, they appear to be an abuse of the process in that they fail to deal with the basic rules of pleading in accordance with the CPR.

2. The claimants also failed to make any contact with the defendant prior to the commencement of court proceedings. HFC last communicated with the defendant via letter on the 10th March 2009, stating they were prepared to work with the defendant to resolve the matter amicably and hope to come to a mutual agreement in respect of reduced payments. (Appendix A). No further communication was received from HFC by the defendant until the arrival of court papers on the 18th April 2009.

3. The defendant sent a CPR letter (Appendix B)to the claimants on the 21st April via signed for 1st class post (which was delivered on the 23rd April 2009 Appendix C). A copy of this letter was also faxed to the claimants on the 21st April 2009 the claimant did not respond in any form to the defendant's request.

4. A further letter was sent and faxed on the 29th April 2009 (Appendix D). At the time of submitting this defence the claimants have not responded in any form to the defendant's request.

5. On the 27th April 2009 the defendant sent a SAR and CCA request to HFC via 1st Class signed for post. These were received on the 29th April 2009 (Appendix D). At the time of submitting this defence HFC have not responded in any form to the defendant's request

6. Even making allowance for the Northampton Bulk Regime the claim fails to disclose sufficient information as required by the CPR, there is no reference to the date of alleged default or details of any default notice served in accordance with s87 (1) Consumer Credit Act 1974, the claim is missing vital information.

7. Without admission that any cause of action is shown by the Claimant it is denied that the Claimant has a claim whether as pleaded or at all.

8. No documents supporting the claims in the particulars have been offered which the defendant needs to establish what agreement it is that this action is based upon

9. Without clarification of the claimants claim, the defendant is extremely disadvantaged and the claimant’s claim appears without merit

10. Further to above the defendant is unable to plead effectively or at all. The defendant is embarrassed.

Just so i understand what i've written is correct what I am basically saying that that their POC does not give enough detail for me to be able to either admit or defence the claim. i have contacted the claimant and their solitiors numerous times, but have not received a response.

Do I need to out something int he defence that asks the court to demand that the claimants put up or shut up ???

If so, how do i word that???

[Curlyben]

Re: HFC issued court proceedings

Yep.
The rest of the game plan is on #32
You need to write to the court to explain further and copy Restons/HFC as well.

Your letter needs to expand on the defence and give further details to this action and their abuse of process.

[fuzzybrain]

Re: HFC issued court proceedings

Ok, so i defend the claim in full using the online service

I then write to the court giving them the full picture and lettign them know that neither HFC or Restons have responded in any way.

I invite the court to make an order which demands the claimants put up or shut up??

[Curlyben]

Re: HFC issued court proceedings

aye
sounds like a stan.

[fuzzybrain]

Re: HFC issued court proceedings

Have had a go at a letter - any suggestions (pleaseeeeeeeeeeeeeeee)


The build up to this action

Due to the reduction in income (my partner’s hours were reduced at work and reduction of income from my self employment) we entered into a debt Management Plan with Payplan (a free debt management advice company) on the 6th January 2009.
I contacted the company by telephone and informed them on the situation and gave them the Payplan reference number on the 6th January 2009.

On the 23rd Feb 2009 Payplan sent a payment (£118.99) to HFC bank with an offer of payment of £118.99 per calendar month. This payment was returned and a further payment was sent on 12th March 2009 which was accepted.

On the 18th March 2009 Payplan made a further payment of £118.99 which was accepted by HFC and cleared

On 10th March 2009 the defendant received a letter sent from the claimants stating that they were prepared to deal with Payplan and would liaise with them in regards to a mutually agreeable reduced payment.

On 17th April 2009 a County Court claim was received by the defendant. This action was brought with no prior warning and no letter before action was received by the defendant.

On 21th April 2009 a CPR request was sent to Reston Solicitors and HFC Litigation department by signed for 1st class post. Reston solicitors received the letter on 23rd April 2009 and HFC received the letter on the 22nd April 2009 (Please

Payplan sent a payment of £127.73 To HFC bank which cleared on 24th April 2009

On the 27th April 2009 a CPR request was sent again to Reston solicitors (claimant’s solicitors). At the time of writing the defendant has not received a response from the claimant

I would like to bring the following points to the court’s attention.

Without fair warning the claimant brought this action in what appears ignorance of the Civil Procedure Rules Pre Action Protocols Para 4.3, as no letter before action was received.

Despite numerous requests the claimant and their solicitors have repeatedly failed to response in any manner to the defendant’s requests for disclosure of information pursuant to the Civil Procedure Rules, which is vital to this case from the claimant. The information requested amounted to copies of the Credit Agreement referred to in the particulars of claim and any default or termination notices.

To Date the claimant has failed to comply with my request under the CPR and I have not received any such documentation requested. As a result it has proven difficult to compose this defence without disclosure of the information requested, especially given that I am Litigant in Person

I respectfully request that the court give consideration to making an order for the claimants to respond to the defendant’s request for information.

I respectfully and humbly request the court to give consideration to the claim against the defendant being struck out, due to abuse of process and unwillingness to deal with appointed representatives.