HFC issued court proceedings - Restons Collection Charge removed

[Curlyben]

Re: HFC issued court proceedings

Need to add,17/04, that this action was brought with NO prior warning, no LBA or nowt.
I'd change "lack of evidence" to abuse of process and unwillingness to deal with appointed representatives.

[fuzzybrain]

Re: HFC issued court proceedings

Thank's CB have editied the version above.

Any other suggestions?? All ideas and advice are very very much welcomed and gratefully received!!

[Amethyst]

Re: HFC issued court proceedings

I'd do the 'letter' as a witness statement so it is a formal part of proceedings.

[fuzzybrain]

Re: HFC issued court proceedings

Thanks for your help, it's much appreciated indeed.

How do I present the defence and the Witness statement - is there a template anywhere I could lok at?

I have Thursday off work, so i'm going to do the online defence and WT then, but would like to get it all sorted and formated by then, so i know it's all ok to send.

[fuzzybrain]

Re: HFC issued court proceedings

Help please - how do I present all of the above to the court please??

[Amethyst]

Re: HFC issued court proceedings

Sorry hun - covering letter to court and restons with the witness statement - covering letter to explain this is witness statement in support of your defence (I'd send a hard copy of the defence too)


WITNESS STATEMENT

Case/Claim No: [Claim number] In the [insert court name] County Court


[insert name] CLAIMANT
-AND-
[insert name] DEFENDANT


First WITNESS STATEMENT
OF [insert name]

I, [insert name] of [insert home address] will say as follows:-


1.I am the CLAIMANT is this case.



2.I make this Witness Statement in support of my defence ......


3.


4.





Statement of Truth I believe the facts stated within this Witness Statement to be true and exhibit Exhibits [your initials] comprising of xx pages.

Dated this xxxx day of xxxxxxx 2009
Signed [type name]

[fuzzybrain]

Re: HFC issued court proceedings

Thanks for this. I lost my internet connetion this afternoon, so have only just managed to get it back!!

Do i need to put somethign in the WT about the case being transfered to my local court?

In the defence should i take the appendencies out and put them in the WT instead as i can't attach them to the defence as i'm submitting it online - or should I submit an online copy and also post a hard copy of the Appendencies to the court as well as the claimants???

[fuzzybrain]

Re: HFC issued court proceedings

Defence now filed (thought it was best to do it whilst my internet wasn't playing up!!)

Do I just send the WT to court (CC'd to Restons and HFC) with a covering letter stating:

Please find attched to this letter a witness statement in respect of claim:XXXXXXXX

[Amethyst]

Re: HFC issued court proceedings

Send the Hard copy of the defence to the court and Restons/HFC with a covering letter and include the WS and all appendices. Yes ask for the case to be transferred to your local court in WS and in covering letter.

[fuzzybrain]

Re: HFC issued court proceedings

I've just received in this morning's post the following from Restons. i have sent the WT in yet, but I have filed the defence. What do I do now???

They refer to a letter i received in their letter, but I haven't got a clue what they are on about - plus they never included a copy of this letter either....

[fuzzybrain]

Re: HFC issued court proceedings

And these.

What is very strange is that the default noite they sent is not the same as the one I received!! They are dated on different days but the amount is the same

[fuzzybrain]

Re: HFC issued court proceedings

I forgot this little gem too!! Didn't stop them issuing court proceedings to me at my adress tho did it!!

[Amethyst]

Re: HFC issued court proceedings

Okay let Curls look at CCA and check its all okay.

Then we're back to the original defend the collection charges and charges and admit debt and offer to pay with IE sheet. Have a look back ast the beginning of your thread for link to my thread.

[fuzzybrain]

Re: HFC issued court proceedings

I think the CCA is all ok, seems to have all the prescribed terms etc. I have already entered a defence tho, so how do I now admit the debt (minus the collection charge and fees)?

[Amethyst]

Re: HFC issued court proceedings

You have to go with an N244 application to amend your defence based on the new information. You reserved the right to amend your defence in the original.

HFC will respond to the defence now saying yes we did give info (but the original defence should annoy judgey enough) so your application notice with the new defence needs to go to court and Restons/HFC.

They havent supplied ALL of the information so probably want to do a letter back quickly first saying oi wheres the breakdown of the collection charge. Their letter to you is just rude btw - should quote preaction protocols etc back at them. Also the claims fast track so part 18 and part 31 will apply if you want to tell them that, although u do really want the claim in small track so if you can keep it in small claims (with the AQ) then do.