help needed please - application form as CCA sec 77 ?

[Amethyst]

Re: help needed please - application form as CCA sec 77 ?

bahhh you accept monthly installments ???

Yep bit of tidying by the looks nice new forum

Keep at it - hows the court process going ?

[hellhasnofury]

Re: help needed please - application form as CCA sec 77 ?

Hello All,

Have you been tidying up and my thread move

Ame you owe me 50pence:roll:

Restons have contacted me ha ha, but just stated what they said before and I will have to respond.

Round one of negotiations:whip:

[iancognito]

Re: help needed please - application form as CCA sec 77 ?

lol oh dear am I getting a reputation............. hehe

Getting??

[Amethyst]

Re: help needed please - application form as CCA sec 77 ?

lol oh dear am I getting a reputation............. hehe

[hellhasnofury]

Re: help needed please - application form as CCA sec 77 ?

Thats sounds positive - how much shall we bet HFC dont contact you before the stays up :rolleyes:

I bet 50p that they do
Thanks Ame have you recoved from your hangover

[Amethyst]

Re: help needed please - application form as CCA sec 77 ?

Thats sounds positive - how much shall we bet HFC dont contact you before the stays up :rolleyes:

[hellhasnofury]

Re: help needed please - application form as CCA sec 77 ?

Hello,

Quick update, the allocation questionaire went in on the 8th August and I have just received a letter from the court ordering a stay till sept. to give hfc time to resolve this matter.

Oh can't wait to see what they come up with.

[hellhasnofury]

Hi hell....
I got egg and moorcroft to wipe my debt.....
Seems like you are going the right way to getting things sorted...
they also needed to send a statement of account and current terms and conditions with any CCA they sent you....
Did they supply this??
If you don't respond the court may think you are trying to ignore the debt and get outta it....
My personal opinion is to force home the arguement with them, so the court see's you want to sort this out.....
They will try and twist things....so it maybe worth writing to them to make them aware you know their clients have so far:-
1) Failed to supply the required documents under a 'Consumer Credit Application Request', within the required time frame.
2) Admitted there is no copy of the alledged agreement. (admitting a criminal offence)
3) Attempted to harrass and bully you into paying an unsubstantiated debt.
4) Attempted to charge you unlawful penalty charges on this unsubstantiated debt.
5) Promised to investigate your complaint, yet shown no evidence that they have carried out any investigation.
6) Issued a default notice whilst this alledged debt is in dispute.
7) Issued 2 default notices for the same alledged debt.
8) Failed to supply a copy of default notice as required.

You get the drift hopefully.....lol
Make all correspondance precise and to the point.....ammo for court...
send copy to court dealing with this with explanation letter and CC at the bottom of letter to solicitors....to court and HFC....
If HFC see you are gonna fight back and not give up and pay...they may instruct solicitors to drop it....??
If they don't know what your doing the solicitors may not tell them.....so keep them involved....solicitors or not....lol
worked with me and egg.....they suddenly realised they were in serious trouble and backed down....
I will keep an eye on this thread and help anyway I can...
Russ

Hello Russ,

Thank you so much for your support and advice

I feel that these two letters that have been sent are the first tactic/move by them to try to resolve this matter. I am not interested in replying to them to admit any liability and I want them now to sweat a bit. They are back tracking now, they know that they cannot win this one and they want me to admit so they will do me a favour and drop all the penalty charges that they have put on. mmmh don't think so.:devil:

They are the ones who started the ball rolling with their bullying and issuing a court claim. They are the ones who applied penalty charges and a collection charge to the total amount. They are the ones who have tricked the average customer, when they have not complied with the cca. They are the ones who are lying now about the default notice they supposedly sent.

I will respond to them at some time soon, but not at present.

They are the bullies and I am the victum in this senario The worm has turned.

[veilside01702]

Hi hell....
I got egg and moorcroft to wipe my debt.....
Seems like you are going the right way to getting things sorted...
they also needed to send a statement of account and current terms and conditions with any CCA they sent you....
Did they supply this??
If you don't respond the court may think you are trying to ignore the debt and get outta it....
My personal opinion is to force home the arguement with them, so the court see's you want to sort this out.....
They will try and twist things....so it maybe worth writing to them to make them aware you know their clients have so far:-
1) Failed to supply the required documents under a 'Consumer Credit Application Request', within the required time frame.
2) Admitted there is no copy of the alledged agreement. (admitting a criminal offence)
3) Attempted to harrass and bully you into paying an unsubstantiated debt.
4) Attempted to charge you unlawful penalty charges on this unsubstantiated debt.
5) Promised to investigate your complaint, yet shown no evidence that they have carried out any investigation.
6) Issued a default notice whilst this alledged debt is in dispute.
7) Issued 2 default notices for the same alledged debt.
8) Failed to supply a copy of default notice as required.

You get the drift hopefully.....lol
Make all correspondance precise and to the point.....ammo for court...
send copy to court dealing with this with explanation letter and CC at the bottom of letter to solicitors....to court and HFC....
If HFC see you are gonna fight back and not give up and pay...they may instruct solicitors to drop it....??
If they don't know what your doing the solicitors may not tell them.....so keep them involved....solicitors or not....lol
worked with me and egg.....they suddenly realised they were in serious trouble and backed down....
I will keep an eye on this thread and help anyway I can...
Russ

[iancognito]

Give them enough rope......as the saying goes!!!

[hellhasnofury]

Hello,

Just a quick update, I have admitted nothing to them, I have been very rude and not even responded to their attempt at getting me to admit anything.

Had another letter yesterday from restons,

We await a reply to our letter dated 7th July failing which the proceeding will be transferred to your local court for summary judgement proceedings:rolleyes:

Oh I'm almost nearly trembling, don't know if its fear or excitement.:crazy:

MMMMMMMMMMMmmmmmmmmmmm

[hellhasnofury]

Hey honey - thats good isnt it

''by way of response our client has agreed to remove various charges and fees from the account.''


YEY !

Thats great - and I would say it means they dont have the credit agreement.

don't confirm liability yet....ask for a preview of the consent order...well I would anyway - cause once they get you admitting lability thye could pretty much put anything on the consent order.


Good news so far.

Hiya Ameythst,

Thanks for your reply, much appreciated. They don't have the credit agreement, they have confirmed that the application form is the credit agreement.

I feel at the moment I do not wish to accept liability to anything, they have acted despicably, and I am tempted to let this run its course all the way to court. I do feel that I have the upper hand in this, the law is or should be on my side.but I may be wrong and will face the consequences if it happens.

I am angry and bitter and need revenge on them for closure, if you understand what I mean.

They threaten me and my family home, and when they know they cannot win this one, they turn to me to get them out of this mess, by asking me to write to them to admit it. they dangle the carrot by saying they will waiver all charges. Sorry I don't think so They weren't so understanding when they demanded over £9,000 to be paid in five days or court action. They started this so they can finish it.

I think I may be prepared to make them a token settlement payment, but only after I have deducted the £4,180 in interest that I have paid them, then there is compensation for the undue stress that they have put me through, breaching the banking code and the oft debt collection guidence.

Oh and misleading me in their unlawful persuit of the debt under the cca.

Oh this post is so theraputic.

Anyway thanks again for all your help and support getting me this far, but look what you have turned me into

I might change my mind tomorrow, when I've slept on it.

Or maybe not

[Amethyst]

Hey honey - thats good isnt it

''by way of response our client has agreed to remove various charges and fees from the account.''


YEY !

Thats great - and I would say it means they dont have the credit agreement.

don't confirm liability yet....ask for a preview of the consent order...well I would anyway - cause once they get you admitting lability thye could pretty much put anything on the consent order.


Good news so far.

[hellhasnofury]

Another letter in today from their royal higness(not) The feckin solicitors


Further to this matter we understand that you have written direct to our client regarding you concerns with this account and by way of response our client has agreed to remove various charges and fees from the account.

As you will be aware the legal proceeding are ongoing and will need to be disposed of. In accordance with our clients request we would ask you to write to this office to confirm that you accept liability for the agreed sum of £xxxx.xx This will allow you the concession of the removal or interest charges, collection chages and fees and costs which are itemised in the claim form.

Upon receipt of your confirmation we will provide you with a consnt order for your signaature which will also allow you to avoid the necessity of a ccj and will effectively dispose of the current proceedings.


Please may we hear from you within seven days.


MMMMMM very interesting

me thinks they really do want me to admit to something.

[hellhasnofury]

Any Comments please