HFC issued court proceedings - Restons Collection Charge removed

[fuzzybrain]

Re: HFC issued court proceedings

Have looked through the box I thought the agreement was in, but it wasn't there - I must have disposed of it when took the new loan out. I wasn't very good at keeping paperwork back then.

[Amethyst]

Re: HFC issued court proceedings

No worries - chase HFC on the DPA request in that case see if they have it asnd the other info you asked for.

[fuzzybrain]

Re: HFC issued court proceedings

Received a letter from HFC (sent signed for post) containing the agreement and a statement upto the 17/01/2009, so it's in response to my CCA request.

The agreement is the same as the one Restons sent me, so that's all ok, but the statements only go upto the 17/01/09 and they mention charges but again there is no change in the balance, so it doesn't appear that they have deducted the charges from the account.

It says on the 17/01/09 - administered by HFC bank internal litigations Department.

Does this change anything?

[fuzzybrain]

Re: HFC issued court proceedings

Well I have heard nothing from HFC or Restons and more importantly nor have the court!!

I rang the court today and apparently Restons have till the 10th June to respond to my defence otherwise the case will be automatically stayed.

I have still been making payments to HFC, so hopefully they have decided to allow the case to stay..... Yeah i know little pink pigs are flying over the moon........:flypig:

[Amethyst]

Re: HFC issued court proceedings

Glad you are keeping in touch with the court - you dont want restons sneakily saying we've complied and asking for summary judgment or anything daft....keep up with the payments....and see what occurs on the 10th :kiss: hope you arent stressing about this so much now

[fuzzybrain]

Re: HFC issued court proceedings

Thanks for all the help - I really appreicate it :hug:. I guess I'm calm because nothing is happening at the moment. I'm sure i'll go back to being stressed if they file a defence

[fuzzybrain]

Re: HFC issued court proceedings

The deadline is now up and according to the court they haven't received anything as yet.... However the court are 2/3 weeks in arrears with processingn, so I have to wait another 2/3 weeks to know if they have responded.

The case will be automatically stayed, but if they have responded within the 33 days then the stay will be lifted.

[fuzzybrain]

Re: HFC issued court proceedings

Well I think this is good news!! I have contacted the court and they confirmed that the case was stayed on the 11th June 2009.

The backlog that the courts had is now from the 15th June onwards, so it is confirmed that Restons did not respond within the courts time scale.

If they want the case reactived then they will have to submit an application.

What should I do now? Is it worth sticking in an application to strike out - or let sleeping dogs lie? I don't want to risk Restons reactiving the claim, so i suppose the long it remains stayed the more likely an application for the stay to be lifted with be refused

I do like think it's weird that they spent near on £400 taking it to court and then not follow through.....

Another thought (god it hurts!!) How do i go about claiming back charges (if I ever get my SAR info from HFC to figure this out!!) if the case is stayed in court?

[Curlyben]

Re: HFC issued court proceedings

Get your SAR into HFC while you have this time.
Obviously you want EVERYTHING.
You never know what it will turn up, might well be useful for this fight..

[fuzzybrain]

Re: HFC issued court proceedings

The SAR was sent on the 27th April. They have confirmed that they have received it and several letters went back and forth re them wanting my signature etc for proof of ID. Eventually as i really needed the info I gave in and sent them copies of my driving licence and passport and a recent gas bill so they would send the info.

They cashed the cheque today - so hopefully the info should be with me soon and they i can havea very good look at whats been going on - especially as i asked for all the data on me - including the previous loans i have had with them.

Can i issue a claim against them - even if they have a claim in court stayed against me??

[fuzzybrain]

Re: HFC issued court proceedings

I still haven't received a response to my SAR - although they have now cashed the chq i sent.

Am I best off waiting for the info to arrive, given that the case has only just been stayed. I'd rather not rattle their cage too much as risk them submittign an application for stay to be lifted?

I know that the case can be stayed indefinately, but how long before the court would consider reasonable for the claim to be struck out?? Should i bother with an application to strike out or just leave the case stayed???

[Amethyst]

Re: HFC issued court proceedings

Well as soon as you subit an application to strike I suspect they will pop up with the ordered information so it's up to you, i'd try and wait until you have all the info from the SAR first.

Also an application to strike would involve you having to say you havent received the infomation, which you have in the main.

Really the next step would be entering the full defence and offer to pay, but if the court are happy for it to stay held and Restons arent doing anything, then hold off for now. They should be informed by the court that the case is now under a stay.

How long has the SAR been ?

[Amethyst]

Re: HFC issued court proceedings

and re this

Can i issue a claim against them - even if they have a claim in court stayed against me??

If its for the same account then you'd enter it as defence/counterclaim on their claim.

other accounts then enter a seperate claim (I think see what the situation is first)

[fuzzybrain]

Re: HFC issued court proceedings

It was sent on April 27th, but they kept writing to me wanting me to prove my ID etc. In the end i gave in and sent what they wanted, that was beginning of June. So well past the 40 days.

I guess the longer the case is stayed the less chance they have of getting the claim re instated - especially as all the figures were wrong in the first place - i suspect this is why they haven't followed through, plus we are making regular payments, so a CCJ wouldn't make a difference to how much they got anyhow. I know they want a CO, but they weren't very happy when i told them the house was in joint names and my hubby would strongly object to a CO, and anyhow were are in negative equity, so a CO is useless to them.

Am I best off leaving this alone and if there are charges etc to reclaim doing ths in a couple of years time - after all it's not as if i'm going to clear this debt off anytime soon!!!

[Amethyst]

Re: HFC issued court proceedings

i think so bar chasing the SAR 40 days after you provided the id info. Its a repreive and if its not stressing you hanging over you I'd wait and see what their next move is and get on with some of the other stuff you have.