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Help with serving a proper defence

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  • Help with serving a proper defence

    Hi,
    This is my first post, so please excuse the ramblings,but i was hoping someone would be able to offer help with my situation. which I will try to summise as briefly as possible:

    In November of last year I received a letter from Restons solicitors stating I owed an amount to HFC bank from a credit card contract agreement dated on or about February 1995 for x amount, so pay up.

    Not knowing what it was about, I wrote and asked for a copy of the agreement.

    Several days later I received a Claim form from Northampton CC Bulk Centre, with the limited time to reply, so only having an agree or dispute, I used the on-line facililty to object, stating that I had not received details of what the claim was about.

    Received confirmation of response, followed by a letter in early December acknowledging and stating that a copy had gone to the claiimant, stating that they may contact you

    I received a letter from Restons stating they had not received my letter,unsure precisely what details I required, a copy of a statement with transaction details, that I had no defence, and withdraw my defence or I would pay.

    I responded by letter, stating that I wanted to see a copy of of the agreement dated on or about February 1995 before I could comment further, received no reply.

    Received allocation questionnaire, which I duly filled and returned

    Received a Notice of Transfer of Proceedings stating that I would receive directions regarding allocation.

    This morning I received a General Form of Judgement or Order stating:

    The defendant must file at Court and serve on the Claimant a proper degfence setting out precisely upon what basis he denies the claim by 4pm 11th March, failing which the Defence shall be struck out without further order.

    What can I do next?
    Tags: None

  • #2
    Re: Help with serving a proper defence

    When did you last make a payment or otherwise acknowledge this alleged debt in writing?

    I know that I'm a cynic, but Restons apparent haste to sue may indicate that the alleged debt is actually statute barred...

    Comment


    • #3
      Re: Help with serving a proper defence

      Depending on how much the outstanding balance is, you could get legal assistance on a conditional fee agreement (CFA) basis. You may wish to contact these guys :first: --> http://www.watsonssolicitors.co.uk/contact.html Paul works for them and is also member on here (PT2537). They have had quite a few consumer successes including this one ---> http://paulatwatsonssolicitors.wordp...012/07/22/153/ where the defendant is also a LB member (Plan B).

      Comment


      • #4
        Re: Help with serving a proper defence

        Don't know, never had any paperwork from HFC

        Comment


        • #5
          Re: Help with serving a proper defence

          A defence requires details.

          Did you ever get a notice of assignment from the claimant ?

          do you have any idea what the original debt is ?

          How did you get the debt (shop, bank, online etc etc) ?

          What documents did you get at the time? Did you get anything to take away upon signature? Do you have any paperwork of your own ?

          Did you get a default notice ? Does it comply with statute ?

          Did you send £1 when asking for the agreement i.e s77 or s78 ?

          Has the creditor treated you unfairly ? Did you tell them you had money issues ? Did you try to reschedule payments ?

          Etc.

          M1

          Comment


          • #6
            Re: Help with serving a proper defence

            Caught on the hop- letter from Restons stated contract on or about February 1995, asked for copy, didn't realise had to S77 or S78, assumed they would have details if they were acting on behalf of HFC

            Comment


            • #7
              Re: Help with serving a proper defence

              But when did you last make a payment or otherwise acknowledge this alleged debt in writing?

              If it was more than six years ago, you have an absolute defence in law as the alleged debt would be barred from being enforced by section 5 (link) of the Limitation Act 1980.

              Comment


              • #8
                Re: Help with serving a proper defence

                What happened with this Hilste22?
                "Although scalar fields are Lorentz scalars, they may transform nontrivially under other symmetries, such as flavour or isospin. For example, the pion is invariant under the restricted Lorentz group, but is an isospin triplet (meaning it transforms like a three component vector under the SU(2) isospin symmetry). Furthermore, it picks up a negative phase under parity inversion, so it transforms nontrivially under the full Lorentz group; such particles are called pseudoscalar rather than scalar. Most mesons are pseudoscalar particles." (finally explained to a captivated Celestine by Professor Brian Cox on Wednesday 27th June 2012 )

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                Comment

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                SHORTCUTS


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                Income/Expenditure
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                CCA Request
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                Subject Access Request Letter
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                Set Aside Application
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                NOTE: If you receive a court claim note these dates in your calendar ...
                Acknowledge Claim - within 14 days from Service

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                If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




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