HFC issued court proceedings - Restons Collection Charge removed

[fuzzybrain]

Re: HFC issued court proceedings

The judge was very hot on having well prepared documents and being able to find things easily - with Ju, the other side wasn't well prepared and didn't fiel their papers on time etc and he did tick them off for it - it felt like he was definately on Ju's side and he did rip into their T&C and their statements - and he was very quick top point a few discrepancies he found - even before we had chance to!! I felt that he had really studied all the paperwork before the hearign and knew what the arguments were goign to be before hand

WS and payments attached. Do I need to send proof of these payments too or do I just need to supply this when i get to court??? I will explain why we didn't go ahead with the CO to the judge and hope he understands and takes pity on me!!

I think the hearing is to decide how the case should proceed but what i am hoping is that the judge will agree to the CCJ and payment order and dismiss the collection charge part and that settles the claim once and for all - I know there goes the pink pig over the moon!! But i guess the better prepared i am the better the chance is this could happen.......

[Amethyst]

Re: HFC issued court proceedings

honey you left your addy on the docs so have modded them for now, team can still view them okay and am going through the WS now

edit; have checked through it and absolutely brilliant :kiss: well done you xx

[fuzzybrain]

Re: HFC issued court proceedings

I'm an idito aren't I!! Blocked everythign else off and forgot my address - what a donut!!!

Thanks for checkign it through, i really appreciate that.

Do I need to take anything in respect of disputign the collection charge - i have the agreement and it doesn't mention anything on that about shoving a 16% charge on for legal action - should l stck that in as a appendix in the WS too???

Will get the payment proof together and copied and then send it all off to the Court Do I need to send a copy to Restons (Should i have receievd a copy of their AQ - as i haven't)

[Amethyst]

Re: HFC issued court proceedings

Yes add a point to the WS that its attached too ref no mention of this collection charge.

[fuzzybrain]

Re: HFC issued court proceedings

i've added this to the WS - is it ok??

1) The Defendant has repeatedly asked the Claimant to give a breakdown of this charge in order to justify the amount but they have declined to do so. There is no mention of this charge in the agreement that the defendant signed (APPENDIX A)

[Amethyst]

Re: HFC issued court proceedings

Smashing pumpkins

And yes, cc it to restons.

[fuzzybrain]

Re: HFC issued court proceedings

I'm on a roll!!! Don't think it will last!!

Do i need to send Restons a copy of all of this - or can it be a pleasant surprise for them when we get to court??

[fuzzybrain]

Re: HFC issued court proceedings

Have sent the WS bundle to Restons today, the court were sent theirs on the 13th Oct, so that bit is all done and dusted.

I have 2 spare copies to take with me - Do i need to take anything else with me

I now need to prepare for physically attending the court hearing, which is now a week away - can any one help me/advise me on what I should be doing please?

i was feeling brave, but that's slowly slipping away as the date gets nearer!!

[Guest]

Re: HFC issued court proceedings

There is little to worry about. There is no dock, no twelve angry men and the "court" is really an office. It will all be very civilised and calm and the Judge will walk you through each and every aspect of the case and if you are at all unsure, ask.

[fuzzybrain]

Re: HFC issued court proceedings

Thanks Cetelco, i really appreciate the advice - have a few questions (as always!!) if thatsok.

Apparently the hearing is a case management meeting which is due to last half an hour to decide how the case should proceed, will what does this actually mean and what will happen - will the judge issue a CCJ that day???

Will they go into the offer of payment as I have agreed that I owe money to the claimant, but i haven't actually offically stated the amount i owe, as the claimants hadn't taken into account the payments made to them (By payplan) since the DN (which was Feb 09) was sent and court proccedings starting (April 09).

I have made continual monthly payments to them so this needs to come off the balance (next payment is due to be sent to them around 30th Oct - depends when Payplan payment clears) - I don't have proof of this payment at the mo as it is clearign, but i can get Payplan to do an email to confirm the payment to the claimant was sent and was sucessful - di you think that is needed???

I have included evidence of all the payments made (it shows on their own statements!!).

I haven't mentioned anything about the charges, save from the huge collection charge - should i have done and tried to get these off the balance - i think there is under £100 worth, if so what do i need to do to put this forward??

Do i need to do any reasearch into why the collection charge is not permissible - I have stated in the defence and WS that there is no mention of a Collection charge in the contract i signed and have attached CCA as proof with a lovely highlighted section stating that they may only charge me on 3 occassions and what those amunts are and the collection charge isn't mentioned at all.

[fuzzybrain]

Re: HFC issued court proceedings

Anyone have any advice. Court hearing is Tuesday, so really need to get this all sorted asap.

[Amethyst]

Re: HFC issued court proceedings

Hi hun

Don't panic, this will all be very straightforward, honestly.

You have all your docs, you are on top of the reasons the collection charge is excessive (its not in T&C's and its disproportionate to costs), and making an offer to pay based on what you are already paying and what your IE sheet shows.

You have sent in all your documents to the Court and the Judge will likely have made his mind up already, will ask you some questions, if the other side argue about recent payments just make sure you have the evidence of those payments to show the judge (if you take 3 copies of anything then you can hand one to judge and one to claimants).

Call him Sir (or her Madam) (you;ve just been with your friend so it shouldnt be too daunting this time).

Just emphasise you have been try to sort out your finances since change in circumstances etc.

You'll most likely come out with a judgment for all barr the collection charge; an installment order, costs and permission for restons to apply for a charging order.

[fuzzybrain]

Re: HFC issued court proceedings

Thanks for the help, i really do appreicate it - hopefuly the end is in sight......

I wasn't sure if i should try to get the other charges (late payment etc) wiped off - but then i haven't given any indication that i would in any of the statements, so probably best left alone - the charges aren't that exessive (less than £100 in total).

Would rather get in and get out with the least amount of fuss possible!!!

I will argue about at CO tho - I have been reading up on it and according to guideines they shouldn't aply for one unless I miss any payments under the CCJ - will bring that fact up if they try asking for one. Doubt it will make a difference, but at least i know i will have tried

[Budgie]

Re: HFC issued court proceedings

Just read through all your stuff Jen, very impressed.

Good luck next week.

Budgie

[fuzzybrain]

Re: HFC issued court proceedings

Thanks Graham, but the credit really needs to go to Amethyst - how in the hell she hasn't slapped me and told me to take a running jump i'll never know - Ame has far more patience than i could ever dream of having.

Its thanks mainly to her (and the rest of the wonderful people here at LB) that i've managed to stay sane and be able to fight this. I would have given up and accepted it, but thanks to the support and advice i haev given given I am feelign a lot more confident about standign my ground.

God help restons if i'm hormonal that day!!!!