HFC/Restons **WON**CASE STRUCK OUT

[hellhasnofury]

Originally Posted by Bug

Thanks goorooji, conar686 and lickthewallfatboy.

It's a long thread goorooji but it really shows how I went from desperation to determination with help from pt2537, car2403, curlyben, robcag and others - if we all help each other then we will succeed.

Hello Bug.

Excellent news for you, well done

So thats you, robocag and me had their cases struck out of court This will give others hope

Three in the eye for hfc/restons/ They are not such bullies now

I was told that my account had been sold to a un-named 3rd party five weeks ago and have heard nothing whatsoever.

Shame, I was hoping for round 2 but I am sure it will raise its ugly head again, I still have the matter of the removal of the default to prepare

[Bug]

Well, this still won't lie down and die!

I've now had a 'notice of assignment'.....'we give notice that the above named assignee (Phoenix Recoveries, aka Marlin Recoveries) have acquired from the above named assignor (HFC) all of the assignors rights in, to and under your above detailed account.,,,' blah, blah, blah.

This did briefly raise its head at the hearing when the judge queried a letter (prob similar to the one I have in front of me) - the sol instructed him to ignore it.

Can they issue another claim and are they still subject to the original agreement (which we know doesn't exist)?

Any input would be appreciated.

[pt2537]

youre havin a laugh arent you?

they have assigned a debt which has been the subject of litigation and they LOST which lead to their case being struck out

the Jackasses

I would politely send them a letter pointing out that this matter has been subject of litigation and HFC lost the case and it was struck out meaning no there is no debt nor can they enforce it

i would put that you consider the matter closed and look forward to their confirmation that they have closed their file

any further attempts to collect on this debt will result in their butts being dragged into court

[hellhasnofury]

Hello Bug,

It is never ending

Breach of the Data Protection Act and breach of the administation of justice act, springs to mind:o

Hfc do take the biscuit, they have sold an unenforceable debt to a dca, is the assignment absolute or equitable??????? Does the dca know whats gone on Have hfc removed any defaults????????

Enjoy writing your letter and may the force be with you

This is what I have been waiting for and it has not happened to me yet.

[robcag]

Hi Bug

Thanks for your comment yesterday in my **WON** thread.

I was about to post here to raise the matter of you claiming your costs from Restons/HFC when I saw your latest addition to the thread.

Sorry to hear that the duo seem to still think they are above the law and that something can still be done about your alleged debt.

I guess like Paul says, Phoenix have been assigned a debt which they cannot enforce. More fool them then, eh? A bit like buying a money-box full of pennies, but not getting the key with it!

Anyway, back to my original reason for looking back to your thread, have you considered claiming your costs from the dopey duo?

Cheers
Rob

PS
There was some talk a couple of months or so ago about my alleged debt being sold to a third party, also that of HHNF, so I wonder if they think they can re-ignite those also? At least I've had my costs paid already, so that's some compensation for all the hassle.

[Bug]

Thanks for your replies!

The letter is dated 20th June which was the date of the court hearing - difficult to say whether done in despiration by HFC once they had lost the court case....I'll think up a suitable reply for Phoenix/Marlin!

Thanks everyone.

PS. Rob - didn't think it was possible to claim costs once the case was struck out?

[robcag]

Originally Posted by Bug

PS. Rob - didn't think it was possible to claim costs once the case was struck out?

You're probably right, perhaps I'm talking out of my a55, it was just what my logic decided would be only fair as they had brought the case and lost.

I've seen a link somewhere about a 'Wasted costs' order, so I'll have a look around for it and post it back here.

Cheers
Rob

[robcag]

Hi Bug

Here's a link from the ConsumerWiki A-Z (which you've probably already found yourself) Wasted Costs - Consumer Wiki

I'm not sure if there are others, but I'll have a look around to see if I can find any more info.

Sorry if I've suggested something which you know is not possible, perhaps an 'expert' would care to comment if they read this.

Cheers
Rob

[Bug]

Thanks Rob .... always worth a try!

[robcag]

I'm just looking through CPR part 48 which looks like it might be relevant, but sometimes I find these things a bit daunting when it comes to understanding them.

PART 48 - COSTS – SPECIAL CASES

Cheers
Rob

[111253]

Hi Bug, They are a bunch of w.....s, but regretably Phoenix- Marlin will still have a go at you because this is what they specialise in, hassling the alledged debtor and sending court docs threatening to put a charge on their house if they have one.

They are well in default with me and I have heard nothing, and neither has the court. They denied my defence and offered to take £30M and wanted me to sign a Tomlin order, some sense of humour!.

My thanks to all at CAG who advised me, and I hope they will now either drop it of get a court date so i can take them to the cleaners- with all your help guys.

What happens if they just do nothing now, how long before the court shuts the case. In my defence I said the court should strike the case out. Will this happen if Marlin do not reply, or do I have to take out a separate case and counterclaim for costs or such like.

Anyway Bug, looks like you may have to go through the whole thing again because Marlin will probably ignore any letter you send. Best of luck.

[Bug]

Anyway Bug, looks like you may have to go through the whole thing again because Marlin will probably ignore any letter you send

Bring it on!!!

[Hopeful1]

Hey Bug

Firstly - congratulations

Secondly - go get 'em

It's never ending isn't it?

[conar686]

Originally Posted by Bug

I've now had a 'notice of assignment'.....'we give notice that the above named assignee (Ph oenix Recoveries, aka M arlin Recoveries) have acquired from the above named assignor (H FC) all of the assignors rights in, to and under your above detailed account.,,,' blah, blah, blah.

I've just received the exact same letter, I'm writing to tell them to 'narf orf' that I'm in dispute with HFC & Restons, I'm also writing to the OFT to complain as this action is expressly against their guidance.

R estons are a bunch of 'winkers'

[Bug]

If we're all getting these letters then there's obviously been a move from one 'collector' to another ... in light of comments quoted on robcag's thread with respect to what Restons have said about the 'move', I can only assume that the 'dynamic duo' have had one heck of a squabble.

[hellhasnofury]

Originally Posted by conar686

I've just received the exact same letter, I'm writing to tell them to 'narf orf' that I'm in dispute with HFC & Restons, I'm also writing to the OFT to complain as this action is expressly against their guidance.

R estons are a bunch of 'winkers'

OOOooohhhh wonder if mine is coming soon Will let you know. probably sold them in a bulk load. Let you know