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coops999

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About coops999

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  1. ''Mr Grumpy'' he had a face like a slapped arse had to resist the temptation to wipe his Cheshire grin off of his face..... rant over I know it was a slim chance im not overly surprised by the outcome I just thought that I would have got at the very least a fair hearing but didn't. The issue isn't so much that the house needs to be sold it is more that my ex father in law is suffering from Dementia & it is getting progressively worse. He wants to gift my wife an amount of money so as to enable her to pay off a large part of the mortgage & to enable her to get a mortgage in her sole name, but my ex - wife cannot get a mortgage in her sole name while the CO exists on the Land Registry ( this has been advised to her by the lenders she has approached all of whom are high street lenders ) As their is no known time frame on the escalation of the Dementia my ex-father-in-law is understandably anxious to get it done so that he at least has that piece of mind. I will scan & forward the CO on Monday as I have no access to a scanner until then. In the meantime thank you so much for all your kind help & assistance. Was there another way for me to make the donation using a debit card?
  2. Hi guys, just clicked on the green box at the bottom of the page to make donation & it has taken me to a pay pal site where they appear to only accept credit cards & not debit cards, is there an alternative way to make the donation using a debit card?
  3. Hi Donkey B and all others that have kindly advised and assisted. We didn't win on either count. Seen by Judge Beck who I believe had already made his mind up before we went in. He basically stated that the motion to set aside would not be granted & was dismissed out of hand as the original award had been made to HFO SERVICES LTD and that furthermore he would be granting the change of claimant as he could see no reason not to. I stressed all of the points as suggested over & over again, I tried to draw his attention to the fact that title of account was questionable based on the info provided by BC & also based on HFO CAPITAL purporting to own the debt. I raised all the points, I used all the phrases but basically he was not interested & was having none of it, I pushed it as far as I felt I could before he accused me of being argumentative & confrontational. All over and done with inside of 10 minutes, no opportunity to cross examine or ask any questions of the other side not event given the option. I argued against the awarding of costs of £120.00 which he also said he was granting on the basis that the hearing was scheduled for 30 minutes & had only taken 10 so the costs should be reduced by 2 thirds, he said he was awarding the full amount so I suggested that if I was paying for 30 minutes then I wanted the 30 minutes to put forward my argument & go through my statement, again got short shrift. Not sure where we go from here?? I have contacted BC and requested copies of statements going back 12 calendar months from date of sale to HFO, although not sure what If any good these will be now. Not sure where to go wit this now or what to do, I haven't contacted Asset Link Capital ( No 5 ) ltd yet but im guessing I am going to have to, should I just seek the best settlement figure & be done with it or continue to fight and if the latter how do I do that. Totally disillusioned with the legal system, appreciate I am the architect of my own downfall by leaving this matter too long before addressing it but at the same time I thought some of arguments put forward were credible and had merit but that doesn't seem to be the case. Just about to make a donation to the site is £50 sufficient? Hopefully it is & will help others to benefit from the help you guys provide and beat these robbing, thieving bustards.
  4. Hi Donkey B well here at the court paperwork submitted to the Usher so wish me luck. Thanks for all your help, wont say im not daunted by the prospect but will give it my best shot. will let you know how it goes.
  5. Hi Donkey B, please find attached my witness statement, not sure if its any good would welcome your feed back. Once again thank you for all of your help irrespective of the outcome tomorrow I am very grateful to you and will be making a donation to the site. Shame you aren't around in the morning would have been great if you had been able to get there. I will look out for further comments in the morning. Thanks
  6. Hi Donkey B , yes case is being held at Guildford at 10am. Have just finished my witness statement will forward to you to scan wouldn't mind your feedback. Again thanks for all of your help.
  7. Hi Donkey answers; 5. info obtained from Barclaycard: Default Registered on 31st May 2006 / Closing balance as at 8th March 2006 £2404.28 / debt sold to HFO CAPITAL LTD on 9th January 2007
  8. Sorry also meant to say that No Original Documents received by me, I have asked my ex-wife who also says that she does not recall ever receiving any documents, she is also confident that had she of received such documents she would definitely of made sure I knew about it.
  9. Hi Donkey B, Thanks for all the help. few questions & answers. 1st paragraph you suggest I PM Andy & Co what does PM mean?
  10. Hi DonkeyB, apologies for delay in doing this anaesthetic just wearing off. KEARNS SOLICITORS LETTER Page 1 - Letterhead Dear Sir, Re: Asset Link Capital ( No.5 ) Limited - & Yourself The County Court at Guildford - Claim Number 8QC52611 We act on behalf of Asset Link Capital ( No 5 ) Limited and enclose by way of service upon you our notice of acting together with the Application to substitute our client as claimant and the Witness Statement of Andrew James Perkins to be used as evidence in this action. The originals of each document have been filed at court. Yours faithfully ( Unreadable signature ) Kearns Solicitors Next 3 Pages are Notice of Change of Legal Representative Name of Claimant: Asset Link Capital ( No5 ) Ltd Name of Defendant: David Cooper We KEARN SOLICITORS have been instructed to act on behalf of the claimant in this claim in place of TURNBULL RUTHERFORD SOLICITORS. WHAT ORDER ARE YOU ASKING THE COURT TO MAKE & WHY: On account of an assignment between HFO Services Limited and Asset Link Capital ( No 5 ) Limited whereby all legal benefit, interest, right and title to and in the debt subject of the claim has been legally assigned to Asset Link Capital ( No 5 ) Limited, the applicant seeks and order under CPR 19.2 (4) that it be substituted as Claimant with no order as to costs in the form of the draft order appended. The applicant consents to being substituted as claimant per CPR 19.4 (4) Next Doc. WITNESS STATEMENT OF ANDREW JAMES PERKINS I Andrew James Perkins, a solicitor of Messrs, Kearns Solicitors, 5 Trecenydd Business Park, Caerphilly CF83 2 RZ, make this witness Statement to the best of my knowledge and belief. 1. I am a solicitor in the employ of Kearns Solicitors, instructed to act on behalf of the Applicant, Asset Link Capital ( No 5 ) Limited, I am duly authorised to make this statement and do so in support of the Applicants application to be substituted as claimant and opposition of the defendants application to set aside judgement. 2. The sources of my information and belief are the written and computer records that have been provided to me, and are shown to me at relevant exhibits. 3. By way of the written assignment completed 1st December 2014 HFO Services Limited sold all rights to and in the subject account to Asset Link Capital ( No 5 ) Limited and written notice of such was provided to the defendant 8th December 2014. A copy of the Notice of Assignment is now produced and shown to me marked ''AJP-1''. 4. Further to receipt of the Defendants application to set judgement aside and notice of hearing via HFO SERVICES Limited, a copy of which is now produced and shown to be marked ''AJP-2'' complete with the appended copy e-mails that the defendant relies on. 5.It is of note that within the E-Mail trail that the defendant relies upon there is confirmation that HFO Services limited had sold the account, though the correspondent has mistakenly identified the servicing agent as the assignee. 6. Having received the defendants application and noting an apparent change in the address back to the original charge address Asset Link Capital ( No. 5 ) Limited's appointed agent, Link Financial Outsourcing Limited, wrote to the defendant providing further notice of the assignment and inviting the defendant to consider settlement of the account. 7. The Defendant was further advised that failing a settlement agreement, an application would be made to substitute Asset Link Capital ( No. 5 ) limited as claimant in the application and his application would be opposed. There is now produced and shown to me marked ''AJP-3'' a copy of Link Financial Outsourcing Limited's correspondence to the defendant dated 13th May 2015. 8. For the purpose of Asset Link Capital ( No.5 ) Limited's application to be substituted as claimant it is clear that such is desirable and fully compliant with CPR 19 by which it should be granted namely:- (a) The Claimant consents to being substituted as Claimant (b) The existing party's ( HFO Services Limited ) interest or liability has passed to the new part ( Asset Link Capital ( No 5 ) Limited: and © it is desirable to substitute the new party so that the court can resolve the matters in dispute in the proceedings ( the Defendant's Application to set Judgement aside ) 9. As regard the defendants application to set judgement aside, the applicants belief is that such is so procedurally flawed as to be doomed to failure in that such it lacks any valid grounds and is so far outside of time as to lack all reasonableness as set out and addressed below. 10. That the claimant no longer exists as a trading entity 11. Not withstanding the fact that HFO Services Limited assigned away all of its beneficial interest in the defendants account to the applicant, such that the defendant now owes the judgement debt to Asset Link Capital ( No 5 ) limited, a party's liability to a company does not cease if that company ceases to trade. 12. That requests the proof of the original contract subsequent to the judgement have never been provided 13. Judgement was entered on the 4th July 2008 and the time for challenging the same has long since passed, indeed a final charging order was obtained 29th September 2008. 14. Further the '' requests '' alluded to by the defendant are neither particularised or evidenced, the only reference to a request made by the defendant are to ''SAR requests'' made to HFO CAPITAL and HFO SERVICES Limited on some unspecified date. 15. The purpose of the SAR requests under the data protection act 1998 are not for proof of contract, indeed within the e-mails relied upon at no pint is proof of contract requested, merely all information held relevant to the data subject ( the defendant ) 16. Any non compliance with an alleged SAR request to HFO Services Limited, or its associated companies is irrelevant to the claim for breach of contract and thus generates no defence to the claim. Indeed such is a matter for the information Commissioner's office, should the defendant wish to take it up with them, though it is reasonable for documentation to be disposed of some 7 years since enforcement of a county court judgement. 17. Finally on the point, it is clear from the defendants e-mail to HFO dated 23rd December 2014 at 13.12hrs that the debt is admitted and a settlement offer was made in the sum of £2,000.00. 18. CHRONOLOGY of EVENTS ALLEGED 19. The defendant alleges to have received in response to his , alleged SAR requests, that he received a 2 line response stating that the debt had been sold. Not withstanding this further confirmation of the assignment, the chronology of the e-mail trail does appear to set out a different chronology of events as follows :- (a) 2nd December 2014 @ 17.40hrs. HFO CAPITAL Limited offer the defendant a reduced settlement figure. (b) 23rd December 2014 @ 13.12hrs. The defendant responds by way of a counter offer proposing a payment of £2,000.00 in full and final settlement subject to updating his credit file to reflect the debt as satisfied and the removal of any entries upon the land registry. © 23rd December 2014 @ 13.16hrs. HFO Capital Limited respond to the defendant to confirm that the debt had been sold and provide a contact telephone number for Link Financial Outsourcing Limited, the agent appointed by Asset Link Capital ( No 5 ) Limited to administer accounts and payments upon it's behalf. (d) 23rd December 2014 @ 14.34hrs. defendant responds to HFO CAPITAL claiming to have sent SAR requests and advising that HFO are legally obliged to comply regardless of the sale of the account. (e) 8th January 2015 @ 9.30hrs. Defendant chases HFO for a reply to his alleged SAR requests and threatens the application now before the court in default of compliance. 20. It is clear from the e-mails that the defendant first mentions the alleged SAR requests after having made a counter offer to settle this outstanding liability and after receiving notification of the sale of the account and not that he received the confirmation that the account had been sold by way of reply. 21. I believe that the facts stated in this witness statement are true. In bundle of attachments is a letter from Asset Link Capital dated 8th December 2014, it is addressed to a rented accommodation I was living in but had vacated out on 31st November 2014. The letter confirms that HFO SERVICES Limited have sold the account to Asset Link Capital (No 5 ) Limited. this is exhibit ''AJP-1'' All other documents are as per previous attachments earlier in this thread. Barclaycard have responded today, they have confirmed that the debt was sold to HFO CAPITAL LIMITED HIGHLAND HOUSE, 165 BROADWAY, WIMBLEDON, SW19 1NE They have confirmed that debt was sold on : 9th January 2007 I have asked them to confirm the exact details to me by email. if this information is correct would this not mean that the debt was not HFO SERVICES LTD in the first instance & certainly not theirs to sell in the 2nd instance?? Hope the above helps, have made some notes of my own but will wait to see what you think is the best way to form the skeleton argument. Again thank you so much for your help.
  11. Hi Donkey B, firstly thanks for all your help very much appreciated, got some answers against your points + some new info; Answers 1st. 1. It was Ankur of HFO Capital that told me that HFO Services Ltd had ceased trading. 2. No joy with Barclaycard so far, have another number to call tomorrow but not holding out much hope as they are very unhelpful. 3. Not a lot I can say other than 1st I knew about the CCJ or CO was in 2012 after the filing for divorce was bounced back by the court. Failure to act again through ignorance because i believed that HFO & TR's failure to respond to my SAR request would work in my favour. 4. Have received paperwork today from KEARNS SOLICITORS acting on behalf of ASSET LINK CAPITAL (No.5) Limited, they state that HFO SERVICES LTD sold the debt to them on 1st December 2014, I have an email from HFO CAPITAL Limited dated 2nd December 2014 offering a reduced settlement figure & confirming the HFO CAPITAL Ltd would undertake to remove the CO with the LR & also undertake to contact all relevant Credit Ref Agencies. Don't see how HFO Services can sell the debt on 1st December to Link & HFO CApital chase payment on 2nd December. HFO CAPITAL Ltd only confirm on 23rd December 2015 that debt has been sold to LINK and say that HFO CAPITAL LTD have sold the debt not HFO SERVICES as detailed in the KEARNS Solicitors Paperwork. 5. I stopped living at the marital home on 30th March 2006, my ex wife & children continued to live there, my post was passed to me via my children when I collected them for visits, I never received any default notice from BC or paperwork relating to CCJ or CO hearing. My Ex-Wife confirms that she never received any paperwork either in relation to the CCJ or CO hearings, as our split was less than amicable she would have undoubtedly used anything like this to get at me especially as it involved her, should she not have received paperwork as a co-owner? 6. The CO is listed as restrictive on the Land Registry report. 7. Link have applied to be substituted as claimant 8.They Mention CPR19 in their documentation. Only having received their paperwork today it leaves little time to obtain a copy of the assignment from HFO SERVICES to LINK or the Copy of the Sales Agreement. No assignment of debt ever received from HFO Services or HFO Capital, no documentation obtained before 2012 when Land Registry Document obtained. I have looked at ASSET LINK CAPITAL (No 5 ) Limited and they appear to be a DORMANT company, as a dormant company are should they be collecting or attempting to collect monies? Additionally they are applying for costs of £120.00 for the hearing on Friday, can I counter claim for costs in the event that I am successful? I really do appreciate all your help & apologise that I cannot upload the documents as received from KEARNS SOLICITORS today but I am in hospital due to have an operation at 7am tomorrow so have no access to a scanner. Any help or advice you can give would be really appreciated.
  12. appreciate your comments & help but really a novice at this kind of thing, is there any advice anyone can give as to a structure of putting forward to the DJ, understand I have left it late but really could do with some help.
  13. I understand that this should have been contested sooner, but as I said earlier the judgement was gained without knowledge as paperwork for the original court proceeding was never received. The fact that the judgement / CO existed at all only came to light when my Ex-Wife decided that she wanted to move on with her life and filed for a divorce, at this point we she was advised that the CO against the property existed. It was at this point that TR were contacted to request the proof of debt & copy of original agreement & it has been rolling on & off since then without proof of debt or SAR request being answered at any stage.
  14. Have asked for judgement to be set aside because no proof of debt has ever been provided, paperwork for the original court hearing was never received so was unable to defend, judgement was granted to HFO SERVICES LTD. Proof of the debt was requested from Turnbull Rutherford initially & then from HFO SERVICES LTD & lastly from HFO CAPITAL LTD, on each occasion SAR requests were ignored & most recently as soon as SAR requests were submitted to HFO CAPITAL LTD after chasing by email they advised debt had been sold to LINK FINANCIAL. My ex - wife requested that I make a offer of settlement to HFO SERVICES LTD in order to enable her to get the CO lifted from the property, her father who is in ill health & suffering from early stages of dementia wants to give her money to reduce / clear off the outstanding mortgage but in order to do so this matter needs to be resolved, I made an offer of settlement to HFO SERVICES LTD but was advised that the settlement would have to go to HFO CAPITAL LTD, I challenged this on the basis that the CO is in the name of HFO SERVICES LTD & that is who I would be making the offer / payment to, HFO CAPITAL LTD said that HFO SERVICES was no longer a trading entity & therefore all payment would go to them. If the company to whom the CO is granted ceases trading then I don't see how the CO can just be transferred to another company.
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