HFC issued court proceedings - Restons Collection Charge removed

[fuzzybrain]

A firm called Restons Solicitors have issued court prceedings against me. I didn't even know they were dealing with my account - they has been nothing from HFC to say they were going to do this.

The last letter I got from HFC was 10th March 2009 statin they had received paperwork from Payplan and would work with them to "agree a mutually acceptable payment schedule on what you can realistically afford"

A default notice was served on the 16th Feb with a follow up letter on the 26th feb stating that the notice of default will be filed in not less than 65 days from the date of this letter


The amounts on the Default notice are:
Oustanding balance: £21,296.34
Less statutory Rebate allowable: £6,909.40
Amount to be paid: £14,386.94

The POC for Restons are as follows:

The claimant clains payment of the overdue balance from the Defendant under a contract dated on or about the 30/08/07 in the sum of £24846.43

Particulars (it then states Acc No)
Date Item Value
24/03/09 Defualt balance £21296.34
16/04/2009 Collection Charge £ 3550.09
Post Refrl Cr NIL

Total 24846.43
Then in the blue box it states

Ammount claimed 24846.43
Court fee £310
Solicitors cost £100
Total amount £25256.43

HELPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPP

[Amy]

Re: HFC issued court proceedings

You need to acknowledge the claim and tick that you will defend in full.

Then you need to write to Restons as soon as possible and ask for all you paperwork. Curly has done a letter here post #11 Consumer Credit Agreements - A Guide - Legal Beagles

[Amethyst]

Re: HFC issued court proceedings

I had this Restons/HFC - ended up in a charging order - 16/04/2009 Collection Charge £ 3550.09 - we'll get rid of that for starters.

Will find my thread and some others.

The court should order the same payments you are making through payplan and take off the collection charge then allow a charge order (annoyingly)

Enter your acknowledgement to defend in full then we'll get a part 18 to restons, alongside a CCA, (which they will ignore) and a defence and admission into court.


Heres my panicy thread (was a while ago now) Legal Beagles posts 17/18 are the part 18 and defence i used for the original claim, then later should be the witness statement for the charging order.

Have a read :kiss: don't panic.

[fuzzybrain]

Re: HFC issued court proceedings

I'm way beyond panic!!! Hysteria is more like it!! But i will calm down and read your thread and hopefully things will make more sense.

I am also really annoyed as i didn't even get a LBA from them - The last i heard from them was that they were considering my reduced payment proposal. I didn't even know Restons were involved until the court claim arrived

They haven't mentioned anything about a charging order in the POC - is this somethogn they will spring as a surprise at court and is there any way of avoiding it??

[Amethyst]

Re: HFC issued court proceedings

They didn't mention it in my POC, the judge kind of did a deal collection charge gone, give claimants permission to apply for charge order.

Yes we can defend as much as possible - need to know the status of your mortgage/value of house/other charges etc. I think you have said previously on other threads but best to keep it in one place.

Oh and reasonthey're doing it is basically to secure the debt.

[fuzzybrain]

Re: HFC issued court proceedings

The loand is with Beneficial Finance - which I think is part of HFC too (they keep changing their blasted name, so i forget now!!)
Our outstanding mortgage is about £127,000 and the house is probably worth £135,000 in the current cilmate. We did have arrears but they will be paid off by the end of June at the latest.

At present there are no other charges. No loans are secured on the property. at present there are no other CCJ's

I have the orginial contract and there is no mention of a £3550 collection charge - it says very clearly on the bit about charges that there is a £15 charge for late and missed payments and a £50 charge for a default notice - no mention of anything else at all.


I have just read through your story - OMG i'm in for a battle aren't i!!!

I need to break this down into tiny steps so i don't get yself confused and muck it up.

Plan of action

Step 1 - Breathe - don't panic and hit the wine bottle!

Step 2 - Recover from hangover and decide to stop being Mrs panic knickers

Step 3 - Contact Payplan and gain evidenc eof payments made and offer of reduced payments

Step 4 - write to restons and HFC and ask for a break down in collection costs & anythign they may have to do with my account (do I have to pay the £0 SAR for this or is it covered in the court proceedings)


Questions
when should i respond to the court claim - how long do i have beofe I need to acknowledge
Should i try claiming the charges back (the late and missed payments)
What else should i be doing?

Thanks for your help, it is very very muich appreciated indeed.

[Amethyst]

Re: HFC issued court proceedings

Okay cool, the charge would take you in to negative equity.

Anyway cross that bridge if it comes to it.

Did you manage to read the defence I put in, and the part 18 ? Its just simple but it did the job for me. The request for information is most important so Legal Beagles - View Single Post - Consumer Credit Agreements - A Guide plus a request added to breakdown the 'collection charge'.

On the phone they tell you its a standard 16% (but can you find any mention of that in your agreement? i couldnt).

Have you been paying anything through payplan, and what did your proportional debt plan show you could afford?

[Amethyst]

Re: HFC issued court proceedings

heres another thread to look at - HFC/Restons **WON**CASE STRUCK OUT - The Consumer Forums

if you google HFC Restons you will find stacks of them but thats a nice one. ( The Consumer Forums - View Single Post - HFC/Restons **WON**CASE STRUCK OUT that post on is quite interesting)

[fuzzybrain]

Re: HFC issued court proceedings

Well I have had a read of those and am completely confused!! It seems that restons have completely jumped the gun and shoved a load of extra charges on that they shouldn't have.

Problem is without seeing a break down I don't know what is right and what is added extra's. It would seem that Reston's and HFC are likely to ignore my request for info, so what would my defence be and when should i enter it? Does it make any difference when I acknowldge the claim, so should I leave this to 2 days before the deadline?
------------------------------- merged -------------------------------
Is this the letter I need to use? Do i need to send a copy to Restons and HFC???

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 30th April 2009, 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
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

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.

5. Clarification of the date you acquired the debt, what organisation you acquired it from, their registered office, their company number (if any) and what legal title they had to this debt, and what credit license number they had at the time that the debt was purchased or entered into.

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 defence and counter claim.

I would appreciate your due diligence in this matter.

I await your rapid response
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Did you manage to read the defence I put in, and the part 18 ? Its just simple but it did the job for me. The request for information is most important so Legal Beagles - View Single Post - Consumer Credit Agreements - A Guide plus a request added to breakdown the 'collection charge'. Yes Have read it and am now re reading in the hope my brain actually takes notice of it!!! When do I need to enter the defence? Should I wait and see if restons write back with the info? I have 2 amounts that HFC say i owe, one is around £15,000 and the other is around £21,500 I think that the £21,500 is probelrly correct as I have done a quick calcation of when the amout borrowed was minus payments made so far and it comes out around that (well within a £200, but they have probably added late and missed charges etc to the balance) Should I send your version or CB's version to Restons and HFC???

On the phone they tell you its a standard 16% (but can you find any mention of that in your agreement? i couldnt). I have the orginial agreement and there is nothing in it at all that states they can shove 16% on top

Have you been paying anything through payplan, and what did your proportional debt plan show you could afford?
Yes we have been paying £118 for 2 months and that's what they were offered when Payplan wrote to them. April's payment is due anytime now (just waiting for the payment to clear with payplan - should be cleared by monday 20th) Orginial contractual payments were £366 per month
__________________

[Amethyst]

Re: HFC issued court proceedings

Yes send Curlys letter you might not get a reply but you can tell the court you asked for the info.....put the acknowledgement in today - just do it online 'intend to defend in full' will do nicely. - claim number and password on front of the N1 Welcome - HMCS Money Claim Online

Yes we have been paying £118 for 2 months and that's what they were offered when Payplan wrote to them. April's payment is due anytime now (just waiting for the payment to clear with payplan - should be cleared by monday 20th) Orginial contractual payments were £366 per month

Good carry on paying that £118...we'll put that in the defence too.

basically, when it comes to it I think you do admission on Defualt balance Amount to be paid: £14,386.94.34 and offer to pay of £118 then Defence on the Collection Charge £ 3550.09. Or we can do a full holding defence waiting for the information...the pocs are embarrasing etc. and get the court to order the info. personally stress wise and as you dont dispute the 15k at least then I'd go that way but see what curls thinks too.

Thats the defaulted amount to be paid. stuff the Oustanding balance: £21,296.34. Will find out more about this ''Less statutory Rebate allowable: £6,909.40''

But don't worry about the defence yet - you have 28 days from when the claim was entered so work that out , we'll give Restons 7 days to reply before worrying about it.

Just get the letter sent off and the acknowledgment in.

[fuzzybrain]

Re: HFC issued court proceedings

I have spoken with HFC & Restons. The default balance is the amount that is now due - the £14, 047.67 would have been the amount if I had paid in full before the end of the loan (sort of an interest rebate) as the loan will now go to the full length of term (and probably way beyond!!) the full amount of interest is payable.

The collection charge is something that has been added as it is going to court - so I told them they could take a running jump for that!!!

It seems to me that perhaps the best way to do this is to defend part of the claim and fight the collection charge? How do i do this and is the best way forward? Should I acknowledge the claim now?

Payplan have said that because i am disputing the amount then they can't offer any sisstance with the court side (they said that I should pay the collection charge!!)

Incidentially Restons say they wote to me on the 24/03/09 and stated that they refused my offer of payment as it would take 14 years to clear the debt and would issue court proccedings against me. I never got this letter.
------------------------------- merged -------------------------------
Right have acknowledge the claim and have said i intend to defend in full.

What's next???

[Amethyst]

Re: HFC issued court proceedings

Send the request for information letter to Restons cc'd to HFC - registered post

[Amethyst]

Re: HFC issued court proceedings

Payplan/CCCS etc all want you to just let the claim go through rubberstamped by the Judge without defending. Thats how Restons have got away with ridiculous charges on peoples accounts for so long. Defend the collection charge.

There may be an issue of costs should you lose, as you will be in fast track - you can argue for small claims tho being a Litigant in person.

First thing is to get that letter off and give Restons/HFC 7 days to respond then we can consider next step.

[fuzzybrain]

Re: HFC issued court proceedings

Ok will do. Will have to send the letter tomorrow as i've run out of ink on my printer at home - never rains but it pours!!!

Am a bit concerned about the costs - i hadn't realised that I run the risk of getting costs - is there anyway round this and would the costs be for more than the collection charge?
My little brain has been in overdrive and I was wondering..... As I am disputing the collection charge and not the full amount, would it be allocated to small claims as the amount being disputed is under £5,000???

[Amethyst]

Re: HFC issued court proceedings

I would think so, and you have a good case for it being kept in small claims so i don't think its too much of a worry.