Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
I recently won against HFO services after 3 court appearances.
Initially HFO supplied an application form as the CCA to which i argued and the judge agreed it was merely an application form.
He then gave them an extension of 3 months to obtain the correct documentation or "the terms and conidtions attached to the application form" he warned me that if they could produce that, he would accept that as a CCA.
The following appearance they submitted a set of terms and conditions printed from the internet, I argued that i could have done that myself. the judge agreed but for some reason gave them another 21 days to get the correct information.
We then attened court for the 3rd time and they presented a FAKE copy of terms and conditions that they had screwed up a bit and photocopied a few times to make it look genuine. I pointed this out to the judge and also pointed out that it had no date reference at all so it could be the current terms and conditions. Again the judge agreed.
HFO argued that Barclays had sent that to them !!! I disagreed and said it was quite clearly fake.
BUT...................
Yet again he gave them another chance......he asked me what I wanted adn I said that if he as the judge was going to accept the terms and conditions as a substitute then i would like an authorative person at Barclays to confirm in writing that they were the terms and conditions attached to my application form on the day that i took out the agreement. The judge felt this to be fair.
wow,,, this could be a good learning curve for all of us
so having dropped the case, did you get your wasted costs? and what about your credit file what happens to that?
however, will they now pass the debt on to another DCA or is this the end now?
anyway still a result cheers for sharing laters angel x
Im happy to help with support and my own thoughts, but if I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action.
my new motto is,,,",Taking back control of your life and home - such peace is priceless"
This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel
LOL wasted costs.........there seems to be a major loophole in the UK legal system that if you represent yourself you can not claim costs or charge for your time which i really really find bizzare because i run my own business and my time is money and the hours spent on preparing the case, researching, attending court blah blah blah and yet you can not charge for it.......
LOL wasted costs.........there seems to be a major loophole in the UK legal system that if you represent yourself you can not claim costs or charge for your time which i really really find bizzare because i run my own business and my time is money and the hours spent on preparing the case, researching, attending court blah blah blah and yet you can not charge for it.......
I really do not see why.....i think thats crazy.
You can claim costs - there are LIP costs - admittedly basic LIP costs are not much BUT if you lose wages you can claim for that - you can also claim travel, car parking etc. You also get your application fees back
I had a similar case against HFO Services and got them struck out - I attended court four times - each time they paid my costs
I thought LIP costs could be claimed at the rate of £9.25 per hour? This includes time spent on research and preparation, postage costs, stationery, etc, etc.
click on the triangle and a mod will come to your thread , i really think if there is a chance on getting those costs just do it for the hell of it why not if its not late now
as yet to face court so have no knowledge fully yet,
just seems a pity if you can thats all for all your hard work, why not?
laters angel x
Im happy to help with support and my own thoughts, but if I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action.
my new motto is,,,",Taking back control of your life and home - such peace is priceless"
This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel
I recently won against HFO services after 3 court appearances.
Initially HFO supplied an application form as the CCA to which i argued and the judge agreed it was merely an application form.
He then gave them an extension of 3 months to obtain the correct documentation or "the terms and conidtions attached to the application form" he warned me that if they could produce that, he would accept that as a CCA.
The following appearance they submitted a set of terms and conditions printed from the internet, I argued that i could have done that myself. the judge agreed but for some reason gave them another 21 days to get the correct information.
We then attened court for the 3rd time and they presented a FAKE copy of terms and conditions that they had screwed up a bit and photocopied a few times to make it look genuine. I pointed this out to the judge and also pointed out that it had no date reference at all so it could be the current terms and conditions. Again the judge agreed.
HFO argued that Barclays had sent that to them !!! I disagreed and said it was quite clearly fake.
BUT...................
Yet again he gave them another chance......he asked me what I wanted adn I said that if he as the judge was going to accept the terms and conditions as a substitute then i would like an authorative person at Barclays to confirm in writing that they were the terms and conditions attached to my application form on the day that i took out the agreement. The judge felt this to be fair.
HFO then wrote in and DROPPED THE CASE !!!!
YAHOOOOOOOOOO
Just out of curiousity how did it sit with the judge when you told him that the T&C's needed to be part of the same document as per the CCA 1974? Or did you not mention this part?
Coledog 25 - HFO 0 (Own Goals all the time) My advice is 'without prejudice' based on personal experience and what I have learned through the people here and my own research.Happy to help but feel free to check and challenge me. If in doubt or told to, seek legal advice.
IF considering a 'Payday Loan' or Similar this year DON'T DO IT - it is not worth it
Please Double click the Star and leave a message if I have helped you
“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009
If a Cagger helps you, click their star. Better still, make a donation however small, so that CAG can continue to help others.
DonkeyB
I am serious honest, reason I know this is because I was LIP a few years back and the DJ said that Lord Woolf had authorised the increase of LIP costs to £18 an hour and I can remember thinking at the time .... "typical! I can only claim £9.25"
The question marks simply meant ‘what’s that got to do with this thread?’
Your post was somewhat random!
“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009
If a Cagger helps you, click their star. Better still, make a donation however small, so that CAG can continue to help others.
Aaaaah I see.... It's related to the post by undedog (can't give you the number cos I'm on the iPod and for some reason it doesn't number the posts, but it's 12th one back from here)
I'm renowned for my delayed reaction by the way it's cos I like to ruminate ;-)
“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009
If a Cagger helps you, click their star. Better still, make a donation however small, so that CAG can continue to help others.
HFO Services - WON :-)
printed from the internet, I argued that i could have done that myself. the judge agreed but for some reason gave them another 21 days to get the correct information.
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Originally Posted by Wazza1970
