HFC issued court proceedings - Restons Collection Charge removed

[Tools]

Re: HFC issued court proceedings

i don't how how many charges or the amoutns yet as the little wotsits refuse to send me any details till i have proved my ID and address to them!!!

What do i do next?

Have they not detailed the charges in this post Legal Beagles ?

[fuzzybrain]

Re: HFC issued court proceedings

I'm not really sure as they don't actually take anything off the balance - so i can't be totally sure that they have charged me or not.

I thought they had sent statements through, but it turns out there are "payment history records" according to the Restons. When I asked what charges were actually applied to the account he said i would have to ask HFC for a statement of account (which i have done under a SAR - but haven't received anything from them yet)

There are some entries that I questioned with Restons and was told they were "internal accounting entries" but he didn't (and wouldn't) explain what they were when I asked.

[fuzzybrain]

Re: HFC issued court proceedings

Help!!!!!!!!!!!!! I've lost the plot again - what am I doing and why????

[fuzzybrain]

Re: HFC issued court proceedings

Help please????

[Amethyst]

Re: HFC issued court proceedings

Have you heard anything back from Restons ?

[fuzzybrain]

Re: HFC issued court proceedings

No, only the letter confirming the balance owed. I never sent them a copy of the defence and i have sent them anything since submitting the defence at court - should I have done??? I've just lost the plot completely - too many things going on at the moment!!

[Amethyst]

Re: HFC issued court proceedings

Okay give the court a buzz now and ask if Restons have responded to the courts 28 days letter.


They should have to say they have supplied the info, but even if they havent then they have supplied the info to you so you need to do the N244 and amended defence and copy it to restons.

[fuzzybrain]

Re: HFC issued court proceedings

The court sent the defence and letter asking them to respond last week, so they still have another 3 weeks to respond to court.

Do I need to sent the amended defence to court/Restons now - or wait until Restons respond to court and respond to what they say?

[Amethyst]

Re: HFC issued court proceedings

You have two options

wait and see if restons respond and hope the case gets struck out in which case they'll apply to set aside on basis they did comply and didnt receive order etc which you cant defend as you have the info

or

just get the amended defence in so its out your hair


guess which one I'd go for lol.


Don't suppose you have a copy of the old credit agreement that this loan consolidated do you?

[fuzzybrain]

Re: HFC issued court proceedings

wait and see if restons respond and hope the case gets struck out in which case they'll apply to set aside on basis they did comply and didnt receive order etc which you cant defend as you have the info

But they haven't complied - they only sent the CCA, dfault notice and a payment history - nothing at all about the collection charge or if and what other charges have been applied.

or

just get the amended defence in so its out your hair

This makes a lot more sense to do it this way - how do i do this? Do I have to payto amend the defence?


guess which one I'd go for lol.


Don't suppose you have a copy of the old credit agreement that this loan consolidated do you?

I don't think so, but it's possible - will be in a box in the loft if i have, so will have to have a rummage. HFC shoudl really send me all the info they have on me under my SAR but they are still stalling.......

[Amethyst]

Re: HFC issued court proceedings

how long have hfc had?


yes you will have to pay (I think its still £35 for without a hearing application)

Did you scan in the letter from the court telling them to comply with your request for information?

[fuzzybrain]

Re: HFC issued court proceedings

HFC have had the letter a month now - but are insisting on ID before they release any info. have sent them a letter back, but they haven't responded as yet.

This is the bit i'm confused about!! (I know - it doesn't take much!!)

Where should i have scaned the letter to? i did post what the letter (a couple of pages back on post 86) basically it said that a copy of the defence had been sent to the claimants and they had 28 days to respond or the case would be stayed.

[Amethyst]

Re: HFC issued court proceedings

Okay well wait in that case until they respond to the court. Would be useful to see the court letter - was it an order for them to comply with the information request ?

[fuzzybrain]

Re: HFC issued court proceedings

Hiya

Have posted the letter from court.

Is it est to wait till they respond or sned in an amended defence now???

[Amethyst]

Re: HFC issued court proceedings

Rightio, yes wait for Restons to get in touch with the court so keep the defence for after that.

They just have to reply to the defence saying what they have supplied and what they havent and why, then we counter back at that.


HMCS have gone all Plain intelligible english havent they. much nicer.

All you want to do is have a dig about for the original credit agreement for the first loan, and chase up HFC on the DPA request - if they ask for ID just send them it.