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  1. Well it's been a while since I last posted on here but I thought I'd show my face and let everyone know the outcome of this little saga. In a nutshell I won, not once but three times!! Summary Judgement was dismissed as I clearly had a defence. The case was dismissed at trial (at the second hearing, the first being adjourned so TR/HFO could get their sh1t together). The claimants application to appeal was denied (You really couldn't make it up) Essentially the judge ruled that the illegibility of the contract document made it impossible for him to rule in the claimants favour. The DJ gave them the opportunity to address the evidential difficulty facing them (I got the impression that he wanted them to win) but they failed to do so and no amount of quoting Carey was going to change his mind. I was a bit disappointed as we never even got on to the assignment issues........ I would like to thank everyone who helped me along the way, although I'm one of those people who prefers to do his own research rather than follow advice blindly the assistance received from this forum was invaluable. Keep fighting the good fight! SF
  2. Drummerboy007 you just became my best friend! That must mean the reason the OFT are minded to revoke HFO & Roxys licences is the actions of a certain officer of the companies, no prizes if you guess who it is... SF
  3. Not sure if this has been posted already but I can't find anything on the search function. If anyone was wondering why there seems to have been a sudden burst of activity from big Al and his cronies then they may like to take a look at the last three entries on this document and draw their own conclusions. http://www.oft.gov.uk/shared_oft/consumer-credit/enforcement-activity/CEA-MTR.pdf :smile:
  4. Can anyone tell me if it would it be ok to send my CPR18 request and CPR31.14 reminder letters in the same envelope or would it be better to send them separately (registered mail of course)?
  5. I reckon it was because it was the nearest court to my "file" when they received the CCA request and needed to back date their PoC and get it in quick so that if the case made it to court they could hoodwink the DJ into believing that they began litigation before receiving the CCA request and if I ignored the N1 they could get a quick and easy summary judgment. But what would I know? SF
  6. You are of course correct Coledog, one too many sniffs of the Bishops Finger last night methinks . I have drafted a response for non compliance with my CCA request, should I send this to HFO or TR? The original CCA request went to HFO the week before they instigated court procedings. I have also composed a CPR31.14 reminder and a CPR18 request for TR, which I was hoping to get into the post today but I'm afraid it will be tomorrow now. SF
  7. Or should I just submit an application to court to order disclosure and an extension? AAArgghhhh! So many options!
  8. Thinking about it I don't need to be nice and send a second request to TR do I? Just file my defence and submit an application to the court to order disclosure? What are your thoughts on sending an account in default letter to HFO? Any point?
  9. So I can submit a limited defence with permission to amend? Any links to examples? I must admit my preferred course of action would be for the case to end up in court rather than stayed or struck out as I think my case is a strong one (if I win the District Judge lottery!) How does a Part 18 request work VJ? There's not much info on the MoJ website, it reads (to me) as though the court orders the disclosure under CPR18.1? Way ahead of you there Cole, I've not been sat around doing nothing you know! Defence has to be filed by 16:00hrs 09/03/11 so bags of time yet! I'm now thinking, Second CPR31.14 (or CPR18 VJ?) request to TR (just for District Judge kudos), Limited defence with a request for permission to amend to the court, N244 application for the court to order disclosure of documents relied on in the claimants PoC. Sound like a plan? SF
  10. Right then, quick update on the situation so far and a little bit more advice please! No reply received from my CCA request to HFO after the 12+2 day deadline, should I still send the account in dispute letter even though they have already begun litigation? SAR docs have been received from BC which clearly show the date the account was sold and to whom it was sold. I have also received a letter confirming the same. I have not, however, received a copy of the CCA with the SAR bundle and the default notice that has been supplied is clearly a 2 page document of which only one has been supplied so a little more work is required with BC. A complaint has been submitted to the OFT along with some rather direct questions regarding Consumer Credit Licences, still waiting for a reply though. A complaint has also been submitted to Experian just for the hell of it! No response to my CPR31.14 request has been received from TR the deadline for which expired 22/02/11. Advice would be appreciated on the best way forward here, not sure whether to submit my defence based on the evidence as it stands, send a second CPR31.14 request (not necessary I know but the judge will be impressed) or submit an application for strike out / stay due to TR's breach of CPR31.14 and the fact that I cannot answer to the claim without seeing the CCA, NoA and T&C's on which they base their claim. SF
  11. No problem Coledog. Just been reading the OFT's Debt Collection Guidelines for Consumer Credit Licence holders, makes interesting reading and I think I'll forward a copy to HFO/TR!
  12. Morning all, NoA is in the post today, I'll knock up the CRR31.14 letter this weekend and send it recorded delivery on Monday. Should that go to TR or HFO (One and the same I know but I like to do these things right) Not sure what a part 18 request is? More reading required. I will send a complaint to the OFT, I guess they'll want copies of the original documents without StreetFighter as the addressee!!? Complaining about these things is not usually my style but if it will help someone else down the line then consider it done. I'd like this to go all the way too and prove them to be in contempt of court but would anything actually get done about them other than a slapped wrist? Anything else I need to be doing (other than actual street fighting, though that may come at a later date!)? SF
  13. If anyone spots anything that I missed whilst obfuscating please give me a heads up! StreetFighter
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