Hi all, another quick update..... Good news!!!!! Halifax Bank have paid up on the first CCJ... tried to get it set aside but application denied! so paid up in full £347.46 after Baliff contacted 'em. also paid up on second claim in full £156.59. (Caused by them not paying first claim on time.) Halifax card has also caved in and paid up latest £65.00 whooopppeeee!

Oh Dear, when will they finally get the message that to continually make telephone calls is a criminal act under sect 40, Administration Of Justice Act 1970. The law does not actually specify a set number of times they can call, only that it ammounts to harrasment if it leads to alarm, or distress. Our local trading standards office are already dealing with 2 sect 40 complaints on my behalf iro Citi & HFC and the matter has been referred to the OFT as part of a SUPER COMPLAINT. Trading Standards and the OFT have already indicated that they are not happy and are investigating...but it will take time. just look at how long it took them to deal with the whole unlawful charges issue. The key to getting this dealt with is that EVERYONE who gets these calls should make a complaint to Trading Standards, when enough complaints are recieved then they will deal with it in a more proactive way. A more practical solution is to use the BT number blocking service. Here you can ask for specific numbers to be barred. mind you there is a small charge for this ~£3 - £4 per month... but the peace and quiet until after the legal action is over makes it worth while. Dont forget to tell the court about it as you can claim it back as a legitimate expense in connection with your case.

Hi ho onward and upward I would ask your local court if you can issue a combined claim for the two accounts, you should be able to. If you can it will save one court fee (£120) However if you do, you need to be careful to itemise each part seperately in your Particular of Claim. The Library has an excellent suggest POC that you can use as a 'master'. Once you have issued the claim and applied for Interest (@ 8%) this is claimed 'ON A DAILY BASIS' in two parts. first on the date of issue of the N1 in the format:- interest at 8%pa pursuant to County Court Act From xx/xx/xx [maximum 6 years ago] to [date of issue of N1]... xxxx days @ £y.yy per day, total £zzz.zz, Then add plus further interest at £y.yy per day until judgement. You can also request:- Plus such other costs and damages as this honourable court sees fit and just The library again has a brilliant little XL template that will calculate all your interest for you. not only the 8% court interest, but also just how much the little 's have charged you during the last 6 years, which you also claim for. ps latest here the 's have defaulted on the judgement! and charged me a total of £134.00 for the privaledge! No more mr nice guy... Baliffs request went in this afternoon and a new CC Claim to be issued next week. Wonder if the press will get to hear about it and be there when they go in?

Keep going, 'Nil illigitimus carborundum' as the saying goes. took me just over 3 months but got the CCJ for the lot. almost praying for them to default on payment so I could send in the baliffs!

Hi all, latest update on HFC Harrasment complaint under sect 40 AOJ Act 1970. complaint to local trading standards. transferred to Trading Standards office in Birmingham for enforcement action. ps Information Commissioner's Office instructs HFC to comply with Data Protection Act request ... more to come.

Hi all, Harassment of debtors is a criminal offence in England and Wales under Section 40 of the Administration of Justice Act 1970, and in N. Ireland under the Judgment Enforcements (NI) Order 1981. The offence is committed when a person uses certain methods to try to force another to pay an alleged debt. The possible offences are listed below:- A) in England and Wales, it is unlawful for a person to harass someone with demands for payment in a way that is calculated to subject her/him or members of her/his family to "alarm, distress or humiliation". This includes the frequency, manner or occasion of the demand as well as any threat or publicity that accompanies it B) it is an offence to represent falsely that criminal proceedings will follow if the alleged debtor fails to pay C) it is an offence for a person falsely to represent her/himself to be authorised in some official capacity to claim or enforce payment D) it is an offence to produce any documents which appear to have some official character when they have not, or to make false claims that documents have some official character when they do not The offence applies both to the person(s) who undertakes the illegal debt collecting practices and to someone who arranges for or conspires with others to do this. The penalty for the offence is a maximum fine of £5,000. It is triable in the magistrates' court only. (Note ... it can also result in the removal of their Consumer Credit Licence.) If a person believes that a creditor or debt collecting agency is committing an offence, s/he should report the matter to her/his local trading standards department which has an enforcement role. The above is taken from the CAB advice guide at Citizens Advice corporate website - Home

Oh goodie... 25/5/06 initial demand letter + Data Protection Act request & fee 5/6/06 H/fx reply goodwill gesture £88 ... no Data Protection Act reply 20/6/06 telephoned by h/fx repeated offer£88 h/fx accidentally disclosed fees total of £288 refused offer 23/6/06 list of charges r'xd pre action letter sent 5/7/06 N1 claim issued for £347 inc interst etc. 22/7/06 Claim sent notice 27/7/06 Ack of claim by H/fx 2/8/06 letter from H/fx give up offer to pay in full £288 refunded. letter to H/fx reminding them court cost etc unpaid 22/8/06 N205 request for judgement in defualt handed in. 26/8/06 CCJ given for £347.46 (H'fax ordered to pay full less £288 paid =£109.46 forthwith.) It takes a while but dont give up...its YOUR money. Now for H'fax Credit Card.... (ps dont forget if claiming against Halifax CC that they are based in Scotland and so slightly different rules apply ...)

Great fun init!.. might be worth contacting your local CAB.. they can put extra pressure on them to get them to stop. If not Trading Standards But dont forget to make the Court aware of the breach of sect 40... a criminal action means they can rule the whole contract unlawful and therefore unenforcable!

Hi everyone, thanks for the info.. you may be interested to know that HFC are up to the same tricks!! A sect 40 AoJ act 1970 complaint can only be made via Trading Standards and OFT, as they have the enforcement role. useful link at OFT http://www.oft.gov.uk/NR/rdonlyres/50F06527-9FC5-4610-B385-999D6E2A8950/0/oft664.pdf

Just for info... HFC (part of HSBC) gets nasty!!! Sect 40 Administration of Justice Act 1970 complaint made about unlawful tactics used by them. Now we can see what next! 25/5/06 inital request letter 9/6/06 refusal recieved from HFC DPA request & repeat demand 30/6/06 refusal to comply by HFC 5/7/06 N1 completed 12/7/06 nuisence telephone calls started... 18/7/06 latest payment return by HFC