Another HFC/Restons claim

[Garlok]

Re: Another HFC/Restons claim

I don't know all the various card owners, and the question then is :-

Is the GE credit card issued by HFC bank? If it is then you won't have a Notice of assignment the OC still owns the account. This is only applicable if the debt has been sold in absolute (not just equitable) to the claimant which in your case is HFC. Restons are not a dca or debt purchasers they are the solicitors representing the claimant.

If you serve the CPR and they fail to supply you can apply to the court to order that they do, if the fail you may also be able to apply to the courts to strike out the claim.
Like I said only you know all the intimate details of your own case.

regards
Garlok

[WendyB]

Re: Another HFC/Restons claim

There is nothing at this moment that you can do to stop the process. You have to respond to the claim pack because if you don't it will go ahead without you and they will get a judgement against you. Do as suggested, acknowledge within the 14 days then you will have a further 14 days to submit a defence.

[New_Age_Biker]

Re: Another HFC/Restons claim

The DN is quite likely to be faulty.
The default sum notices will most likely be worded incorrectly.
They most likely will not have the original agreement, however they will supply several different application forms, if you have the original statements you should check the interest rates quoted very carefully.
When submitting your 31.14 request for documentation make sure you use the phrase from their POC, they will do their best to avoid producing documents.
Personally, if I had my time over, I would check the DN very carefully, if it is found to be wanting then I would try to get a strike out as they have no cause of action. I would be careful not to show I had the original at this time but would put the claimant to strict proof that a valid DN was issued. Then let them produce some ballcocks & hit them with the real thing, once you have submitted a defence it is harder for them to come back at you again.

Watch your enemy, they are slippery little blighters.

[Angry Cat]

Re: Another HFC/Restons claim

Please bear in mind that, if they fail to comply with your CPR 31.14 request or, 31.15 request.
You can apply to the court for an extension but you will have to ask the claimant for permission to do so.

In any event, you cannot submit a defence until you are in receipt of all documents upon which the claimant relies upon.

[CleverClogs]

Re: Another HFC/Restons claim

Please bear in mind that, if they fail to comply with your CPR 31.14 request or, 31.15 request.
You can apply to the court for an extension but you will have to ask the claimant for permission to do so.

In any event, you cannot submit a defence until you are in receipt of all documents upon which the claimant relies upon.

Other than an "embarrassed" defence in which the defendant points out the failure of the claimant to submit the proofs required in a timely manner or, indeed, at all?

[WendyB]

Re: Another HFC/Restons claim

Absolutely, CC, some sort of defence must be submitted, because if no defence at all is submitted then there is the very real risk of Judgement being found for the claimant and Kentish ending up with a CCJ, as I pointed out earlier in the thread. I think there is a "holding" defence on here somewhere that you could probably use, and adapt to fit your circumstances. I believe you have until around the 20th June to submit the defence?

[Angry Cat]

Re: Another HFC/Restons claim

Please, see 15.5 of the following:
PART 15 - DEFENCE AND REPLY - Ministry of Justice

[DuffNCustard]

Re: Another HFC/Restons claim

If you took out your card in the 1990s they won't be able to supply a copy of the agreement - HFC bank moved office and chucked out all the agreements in the process. My husband partially challenged a CCJ - basically all the stuff they were claiming - collection fees, contractual interest - everything that 'would have been' in the orginal agreement as they could not prove their contractual right to it.

If you dispute the claim then you'll gain time as it will be moved to your local court - so I'd fire off the standard 'supply me with a copy of the contract' letter and defend the claim.

Restons are extremely unlikely to be the owners of the debt - they are HFC's rottweilers and rely on collection fees and contractual interest etc to make their money - in my husbands case they were a complete and utter shambles - ill prepared in court, tested the judges patience to busting, figures were all wrong. They also use local solicitors when claims are defended which seems to add a layer of complexity that completely buggers them up! nasty bunch though - be meticulous in your preparation have your papers and artefacts all filed in chronological order with references / evidences clearly annotated - Restons wont!

So check the details of the claim - in that will be the reason for disputing and defending it - contractual interest pursuant to judgement - unless they can produce the contract then how can you 'audit' the claim eh? AUDIT is a good word to use - courts recognise it. Collection fee - likely to be a % of the claim and therefore unreasonable and representing a penalty fee - 2 reasons for defending the claim