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About rich2568

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  1. bump any replies out there- I need some serious good advice- please??
  2. They are hoping on contact- however there has been none at all since they started writing to the address. A sec 78 request was made and just the usual last few statement of accounts and app form signed arrived. Now with the `additional cardholder request` print-out and also the letter to HFO from Bcard-explaining what is needed under S78-- they are looking like they are going for it!!! Any comments on the Fast-Track comment I made in post 6?
  3. What`s interesting is this comment from another cagger: Look for the assignment clause in the terms and conditions. If it provides for an assignment of rights and benefits, then there is no possibility of duties having passed unless you've signed a novation (which most people haven't done). Looking at the Conditions Of Use- supplied by Bcard- to HFO- it does state within S14- " we may assign our rights and benefits under this agreement at any time" Any comments on this at all??
  4. I`ve found a thread with the same letter ( from Bcard that is) The T & c`s- are stated 1994- and the app form is the same as the signatured one- but the Conditions of Use- supposedly are the prescribed terms which attach this app form- but there really is no proof whatsoever!!! http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/193911-cca-request-hfo.html
  5. Thanks Donkey Not sure scanning will help my friend- she wants to stay annymous- I`m sure you`ll understand. even with the personal details scrubbed out- HFO look at this site and will then know what is going on..... Statute barred you said- can you explain? And is there a letter worth sending- or does my friend just sit tight and see if a CC will arrive? What do you think about my comment- r.e. fast track- a lot more complicated for them- are they likely to enter this route in Court??
  6. Hi All ****An update**** HFO are now writing to my friend- with a supporting letter from BCard. Firstly, HFO letter states "As requested, please find attached a copy of the app, statement, and T & C`s. Please contact our offices to arrange payment. Yours, admin and issues dept." Then there is attached -a letter from Bcard to HFO -which states as follows: "I write to you in regards to further info- under Sec 78. This info is provided under the terms of Sec 78- prescribed by the CCA 1974 & The CC Regs 1983. Sec 78 states : a stat
  7. Superb- just what I was expecting I G N M- you`ve been a star in all of this I have to say- pat yourself on the back- you deserve all the accolades!! And anyone else who has contributed- and there has been lots of you- all pat yourself on the back- you`re all part of this great community, whereby now consumers have the right to fight their corner and not allow these sharks to attempt to collect money through the Courts whereby they don`t even have a legal argument to start with- tut tut tut...
  8. Hi Battersea Are we 100% confident they are insolvent?? Maybe the shareholders are allowing a drip feed of capital which allows them to survive? I wouldn`t look to deeply in to what is recorded at Companies House
  9. I see your point IGNM- they`re exhibiting a duff DN- simple as that and that in the eyes of the Court is a non starter- am i correct?
  10. How convenient of them.... Well I`ve no claim at present- but I`m waiting with eager!!!
  11. So what you`re saying Donkey is- if you receive such a claim with fast track- you will need a Barrister/lawyer- or do we have the legal minded caggers here to help out if needed? Just checking and being prepared!!!
  12. Well IGNM- the only DN she received was a made up copy by HFO- which is clearly invlaid. What they do state is because the assignment from Barclays give them the rights of the account and everything that goes with it- they can then re-issue a revised DN- what a load of tosh!! Striking out a claim because of the invalid DN has to be a route to go down. The only issue would be if Barclays could provide the original DN to HFO- or a printed copy of their archives. The reason I`m saying this is because I had seen a post (sorry- cant specify which one)in the Barclays section where there was a C
  13. Hi Donkey So when it goes to fast track- over £5K- which it would be in my case- then HFO don`t like that poss route due to their non-compliance of specified docs- am I right in my assumption?
  14. Oh dear Battersea-another DJ who doesn`t have a clue about Consumer Credit Law- definitely appeal to a Circuit Judge I would say!! Back to my thread- I have to ensure the initial defence is rock- solid would you say? They always go for Summary Judgment based on the initial `weak` defence received from the Defendant- they want an easy route to a Charging Order!!
  15. I`d say Pank is in the same position she was in before the submission of the Amended defence. I got a SJ application from EGG after my 1st weak defence went in. I did request an amended defence and this was denied by the court- due to myself not being able to attend the SJ Hearing- a decision to refuse the Amended defence was made in my absence along with a refusal to submit a counterclaim!! I think it`s all about shredding their POC in the fiorst instance with your initial defence!! IGNM & pt are both being great great help i`d say Pank;)
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