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Innsmouth

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Everything posted by Innsmouth

  1. What was the Judgement against you? I'm assuming that HFO received judgement in their favour and they have now contacted you in order to arrange for you to start making the payments set out in the judgement. You'll have to forgive me, this isn't my area of expertise, but being able to be clear on the current situation will enable others to identify what your options are. It doesn't sound fair that judgement was reached against you at a time when you were not properly able to defend, but without knowing the process of how that occured it's difficult to advise!
  2. Thanks guys, I appreciate it. I may not yet be entirely done with them, but for now it seems that way.
  3. Subbing to this thread. I think I might end up in a similar situation with my own credit report - I'm just waiting for my login details to be sent before I can check it. Good luck Marie.
  4. Thanks Shadow, and yes please, add the tag. It is a huge relief that they have dropped the case (which they never should have litigated on in the first place), but I'll only class it as a true 'victory' when HFO are no longer operating, as I'm aware they continue to spread their brand of stress and misery, and many people are still battling them. Having dealt with them over the past 3 years, I have to say a huge thank you to the help and support of all the CAG members who've stuck with the thread, and the HFO Fan Club in particular. I'll be sticking around on the forums in the hope I can help others also.
  5. It's certainly worth an update for those who've persevered with the thread! Witness Statement was written with the kind assistance of various helpful folks and the hearing went well. While the judge did not grant my order to strike out, he did set in place a number of conditions for the trial, all of which were as a result of the conduct of HFO, i.e. he was not happy with some of the copies of documents HFO were submitting, so he said that original documents must be brought and submitted to the trial; and provided a few other 'wrist slaps'. He also denied HFO's claim for me to pay their costs, as he felt the hearing could have been avoided if HFO had provided documents as I'd requested. I felt the judge was very fair and patient with me asking questions, and he also granted me some extra time to file a defence, as I made it known I wanted to hire a solicitor to assist me. So, I got myself a solicitor who has experience in dealing with HFO, and as soon as they informed HFO/TRS that they would be representing me, they promptly discontinued the case! Typical HFO behaviour it seems, agressively pursuing a case against an individual in the hopes of bullying an early victory out of them, and then dropping the case once it looks like they are able to adequately defend themselves. Completely disgusting behaviour, and I sincerely hope HFO are put out of action as soon as OFT have enough evidence to do the job.
  6. First of all, welcome to CAG - there are plenty of people here who have gone up against HFO who can offer advice. You will definitely need to provide a bit more info and history of events before forumites can help you, though. You are right, HFO's behaviour is absolutely disgusting - one of the key things is not to let them get to you, they can be dealt with.
  7. Also, after reading through vjohn82's thread, I came upon this: HFO Capital Ireland's Consumer Credit Licence was effected on 26-Mar-2008 yet the contracts, I believe, were signed on 31-Jan-2008. HFO Capital Cayman was issued on 07-Jul-2005. So it appears that HFOC Ireland, when they were sold the accounts from HFOC Cayman in Jan 2008 had no CCA licence and no DPA licence!!! "Unlicensed trading is a criminal offence punishable by a fine, imprisonment or both. You must not trade before your licence has been granted, or carry out business activities under a category it does not cover." I would assume this is worth adding into my statement??
  8. Been a while since I updated this thread. By way of an update: I made an application to the Court for the Claim to be struck out on the basis that HFO/TRS had never (in my 3+ years of dealing with them) provided me with a copy of the credit agreement, and that in all that time they had frequently ignored my wishes, continued to make unlawful demands for payment, and acted in a manner constituting unfair and aggressive practice under CPUTR 2008. Some time after my application, I recieved notice that my application will be heard at my Local Court - this is next week. I have been organising my documents and writing my Statement to support the application. Since my application TRS have now supplied me with a 'reconstituted copy' of the credit agreement; as well as their own Witness Statement in reply to my application. Their statement essentially says that they have provided me with the documents I required and that I have "no real prospect of successfully defending the claim." My statement outlines their many and varied breaches of Law and Guidance, inconsistencies within their paperwork, incomplete documents, and thier deliberate attempts to mislead me. They have pursued the case without ever providing documents to prove such a case, and in doing so their unlawful behaviour is simply making a mockery of the court. My question is, does anyone have any experience as to what I can expect at the Hearing? Also does anyone else have any further advice on important things to note in my Statement?
  9. Hello again all. OK, TRS emailed me their response to my CPR request, and the email contained 2 attachments: 1. A badly scanned copy of an Application Form (dated 15/3/99), which they have sent me numerous times previously and which they maintain is the Credit Agreement (see note below!) 2. Copy of a letter from HFO & TRS (again, sent previously) which contains an incomplete Default Notice dated Sept 2005. Interestingly, the 'Credit Agreement' they refer to in their POC is dated 23/3/99, so they themselves are acknowledging what that they have been sending me in response to various legal requests (including the CPR) is not the Credit Agreement... So, out of the 5 items I requested under CPR, they have provided me with 0.5......... if that. This is absolutely ridiculous and while part of me doesn't want o even dignify their claims with a response, alas, I know I must do so. Would it be appropriate for me to apply for a Strike Out (I now know what this is!) or an Unless Order, (or both?) and if so could someone advise on how that works, or point me in the direction of the relevant thread? Much appreciated as always.
  10. That makes sense. I have now emailed them and asked for an explanation as to why I have not yet received the documents and some timescales as to when I can expect them. I'm still unsure about how I should fill in the N244? Thanks for your continued advice, DB, it is appreciated!
  11. Unfortunately I just didn't have chance before the 7 days expired. I know you said that I should keep them on the back foot but it's been quite demanding for me to focus on it as I also have lots of other stuff going on (I don't want my lack of action to appear as lazyness, as I generally work very hard pretty much all the time!). Is there a reason why putting the pressure on them would be beneficial for my case?
  12. OK, I have still not received the documents requested and have informed the court accordingly. I have downloaded an N244 but am not entirely sure what order I should request from the court. Could someone explain what an 'unless order' and 'strikeout' each entail and would I be right in assuming I'd need to pay the relevant court fees for these actions? (I've searched but not really found clear enough info!). What should my next steps be?
  13. Today is the deadline for TRS to send my the requested documents. I'm not expecting anything to arrive, and if it does I don't expect it will be a complete set of requested docs. If I am not sent anything within the 7 days, what are my next steps? Do I immediately write to the court for strikeout/set aside, or is there a reasonable time to wait?
  14. OK, I have responded by email making clear I expect these documents within 7 days, and that I understand my 14 days will extend from when I receive said documents. How do I go about finding the email address I need in order to forward this exchange on to the court?
  15. OK, TR emailed me the following: Couple of points - they are required to get the documents to me within 7 days, and make no request for further time, so should I assume that my 14 days start from the end of those 7 days, or are they supposed to give me an actual date? What should I now tell the courts regarding my extention. They also suggest that they will only need to give me the documents they haven't "previously sent" but I believe that what they have previously sent is irrelevant to my request - they are required to send me all of those documents, irrespective of what they may have previously sent. I will reply and say as much, but should I cover anything else in my reply?
  16. I think Wayne would be the one worried being stuck with my mum in that situation, but that's perhaps a story for another time! Thanks again for the continued support, guys. I will update later when I receive the email.
  17. Thank you DB. I called them back and requested they confirm the extension by email today, and they agreed to do this. I have recorded each of my calls.
  18. OK, call made. TR said they will go back to the claimant and request copies of all the documents I have asked for and will also grant an extension of time for my defense, though they were unable to confrm any exact dates over the phone, they did say they will confirm this in writing next week. They also said that the CPR request I am making does not apply to small claims court, but they will provide the information anyway. So, my question now: my current defense due date is Wednesday 2nd, if I do not receive written confirmation from TR granting an extension before the 2nd, what do I do? I presume I must write to the court and explain that I have been granted an extention but am waiting for written confirmation from the claimant?
  19. It could have been. Will need to check if I have any of that correspondance. OK, I'm about to make my first call to Turnbull to follow up my CPR letter. Wish me luck!
  20. Just to clarify, I had actually missed quite a few payments and was contacted by Wescot (I think - need to confirm this) in 2007 who said they were basically the debt collection side of BC. I made a couple of payments to them, and the date of July 2007 will likely be my last payment to them. The reason why I did not make any further payments is because I was waiting for them to send me some documentation, which they never did.
  21. This was the first thing I did, over 3 years ago. They have never been able to supply me with a true copy of the agreement (see previous posts).
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