I'm only sorry my son did not find this thread before going with Hastings Direct . He had a car crash and although he was paid out after so much hassle The other car wasn't now they are taking him to court and suing him he received the court papers in the post this morning. My son has contacted Zenith the under writers so many times to deal with this all they have to say is send them all letters from third party solicitors which he has but they do nothing with it. He is now going to have to sue Hastings just to pay the third party No wonder their cheap!!!!!! Pen

Hi thanks for replying Yes they are still trying to forse sale. Not sure what the situation is though as the CAB are now dealing with that, I have a meeting planned with them for next week. I'm so annoyed over this as I'm despite to sell our house but not be able to get a remortgage with this charging order in place Pen

Hi guys just to update in this case. As you may be aware it has been dragging on in the court arena since 2005/6 Yesterday was the final hearing and my case got dismissed on the grounds that HFCs finally swore a statement stating they no longer have any information and that it was all sent over to TBIL so I should have requested it from them in the first instance. The judge was quite sympathetic to my case and ordered no cost be given. What concerned me was how they won. My understanding of SAR is that the company I requested it from had 40 days to comply with my request or give me a good reason as to why they couldn't Not once in the 7 years this has been fought in the court have they done that. in fact they changed their argument on every hearing first when in court there defense was they were unclear as to what I was asking for I wrote very clearly to them on a number of occasions stating what I wanted. The directions at that hearing was I write them out again and send them a copy. The second hearing the company requested a stay in proceedings so that they could negotiate with me direct. After many letters to them and 2 years elapsing I wrote to the court asking judgment be made against them as they had failed to communicate with me in that time. The judgement was denied because the court had revived a defense by the company stating that my claim was time barred since their solicitors said HFC have had no contact with me since 2001 and are still unaware of what i am seeking from them I challenged their defense stating I have letters regarding my request for date dated 2006 and 2007 and I have sent many letters requesting the information I wanted A new hearing date was sent with the judge directing HFC to swear a oath that the do not have this information On there last hearing yesterday HFC finally said they did not have the information I was requesting and that I should have requested it from TBIL the judge agreed so my case was dismissed. I still am confused on how I lost ! Why could they not tell me within the 40 days for SAR information that they did not have it. ? This 7 year delay by them means I can no longer challenge the judgement from TBI as that is now time barred due to HFCs time wasting in court not to mention the cost of bringing this case in the first place. It seems that no matter how strong a case you have as a lay person you are very really going to win. As magistrates assume solicitors know thee law, we don't so often decide in there favor. I thought my case was straight forward enough. I requested SAR info. the law states the time limit in which they have to provide it or explain why they can't. End of case not give me a answer 7 years latter . . Is this the end folks? Is there anything else I can do? Thanks everyone for your input over the years with this one Pen x

hi Ford. One more thing. The trial that was set for January 2011 was cancelled hence this new date in April. Hope your keeping well Pen x

More info on this case A hearing was arranged forJanuary 2011 but was cancelled by the courts. I think it was due to snow i cant remember now hence this new hearing in April. Bankfodder IIn relation to requesting a stay against TBI is there a time limit that i should have requested it in and if so have i missed it?? they acquired the CCJ and Charging order in June 2005 although my application against HFC has been with the courts since 2004. can I just comment on my case against HFC and theircontinuance to nattempts ot not comply with my requess. Would it be possible if you have the time and are not to busy to help with suggestions for the wording of my request for a . stay in proceedings. It was HFC who requested a stay in proceedings stating that they wanted to try and work this out with me without the need for court but they did not even contact me once they got their stay. The reason the debt has gone up so much is that charges as well as interest have been added each year. When the CAB could not attend court with me they wrote me a letter to give the judge in case i lost. The letter explained my illness and my very small income yet the judge dismissed it. I was always under the impression that there were no chargers added in the small claims am I wrong???. Oh on a different note HFCs solicitors are DC solicitors who are also the solicitors for TBI in fact they both have their office in the same building. it makes one wonder just who contacted who in getting this debt assigned to TBI Thanks Everyone, Pen xxx

Hi ford. Nice to hear from you again. Yes that's the background info. When I filed my claim for data info they managed to get a stay in proceedings hence its still ongoing and I have only just got a hearing date however TBI are saying my claim with HFC has nothing to do with them even though the debt was assigned to them - I suppose they're right - but I never thought of that at the time. When I do go to court I will have to have good evidence for a amount I am claiming. But I also need to complete a application notice to stop them taking action I think I'm just at a loss as to what to do and what to write on it. I have phoned around a few solicitors to see if I could get a free half hour advice on it but they don't seem to do that anymore. And as I said CAB are useless. I did think once I got my data I could prove I did not owe the debt but it seems time is running out and TBI are not going to wait any longer no matter how I'll I am. Pen xxxx

Hi. Just to say my husband had a sim miler problem in that he to was investigated and interviewed under caution. On my advice he too sentf a letter for his SAR and found the information there to prove his innocence and the DWP wrote stating they were sorry for the inconvenience and were not taking any further action. What ****ed me off was that when then sent him his SAR details they also sent him all mine and we have been separated for 6 years. Also they wrote to all his employers for information. what they must think I dread to imagine. How they can get away with the way they conduct these investigations and the damage they cause when they have wrongly accused someone is awful so I feel for you. Yes there are cheats out there who need investigating but there mustbe a better way of going about it x Good luck I hope you get it sorted soon xxx

Hi guys. yes I did SAR but got nothing of them hence my claim against them for data info. When this all started the CAB where helping but when the hearing came around they had to cancel attending court with me due to staff shortage so i was on my own. The hearing was a bit of a mess as TBI were claiming for both the CCJ and the charging order at the same time so to be honest I did not know what one I was defending. at the time as some people on here may know I was really seriously I'll and on tons of medication it took all my energy just to attend court and I had difficulty following what was going on. My thought now are to carry on with my claim against HFC. if I can prove I had made the payments hopefully I can then get the CCJ and Charging order wiped off. the original debt was for £1,200 now with the charging order it is £9,800. I am expecting some action from TBI any day now so I would like to be prepared for it hence my question of can I apply for a order to stop them taking action if I can what would I write on it? as to my claim against HFC I left the amount upto the courts decretion. I am now wondering if I should have put the amount of £9,800 to cover what this a tigon is costing . Any thoughts.???? Thanks Guys. pen x

Hi guys I need some advice urgently. In 2005 I was approached by a compant TBI. Who claimed to have been assigned a debt the claimed I owed to HFC Bank. I have always denied owing this debt. to cut a long story short the took me to court for a CCJ I wrote to HFC for my Date information because I knew I did not owe them anything. this I could not get off them and TBI got their CCJ plus a charging Order. I issued proceedings against HFC for my data info but somehow they always managed to stall them. Thought that if I could prove I had paid the debt in full then I could get the CCJ and Charging Orde removed. Last week after 6 years of waiting for a hearing the court sent me a letter stating that they thought mediation should be explored first . I agreed to this but when I spoke to the officer doing it he said my case was not suitable because I am suing HFC not TBI and that I should withdraw. I don't want to do this but I see his point. I thought once my debt had been sold then TBI were responsible for all of it. ?? today I got a letter from TBI stating that they are going to act on the charging order. WHAT DO I DO NOW..... I have a hearing in April for HFC . Do I have to apply to the courts to get TBI to hold off any action and if so what order do I ask for. ow much will this cost me. Any advice with this would be great Thanks x

Thanks Ford, thats helpful. The usher said he wanted further info. ok i will just have to wait and see what happends at the hearing. i will keep you informed if anything else comes up re charging order thank youuuu x

Hi Ford, Thanks for the Bumb, I called the court again on the Monday to see why i was sent the letter and when the other party put in a defence. Apparently the judge made directions from my letter requesting the stay to be lifted. I should not have been told to enter a request for judgement, apparently that was an error on the courts part hence why it was returned to me. The defence the court has is the original defence back in 2007. It was after submitting this defence that they requested a STAY in proceedings! no new defence has been submitted, as i said at the beginning, they asked for the Stay and then not bothered communicating hence i got it lifted. They should by now have received a letter from the court informing them of the directions hearing that is set for January. What i don't understand is why the judge has asked for a hearing??? surley if the other party have initiated a stay which has been on for 3 years and not done anything with it then they had no intention of doing so. What case can they have to anwser after so long. I'm unsure as to how this is working. Can I now ask for both cases to be heard in the one court, ie n244 suspend action on a charging order and this Data protection one ??? Thanks ford

Not sure whats happened since my talk with the courts on Thursday as i have today received a letter from the court returning my request for judgement on the grounds that a defence has been filed, What!!! they have had a stay on proceedings for over 2 years and now when i get it removed they file a defence can the do this????? Can anyone comment please Pen xx

Hi Guy's. I really could do with some help on this part please. Called the court today and was informed that Judgement had been entered and that the judge wants a hearing in January. Not sure what this means. I requested judgement cos HFC had actioned a stay on proceedings of my Data Information Claim. Because i could not get hold of my data information I could not prove that I did not owe a debt for £1,300 which then got a charging order on it and is now in ecess of £9,000. i have still not heard from the other court relating to my N244 application requesting any action on the charging order be suspended. Should i still follow this up or await the outcome of Januarys hearing? Thanks guys Pen

One piece of good news so far. I contacted court today and the STAY that HFC had got on my cliam has now been lifted and i have been adviced by the court to send them a request for judgement slip. I gather i just tear this of the original notice of issue and send it in. Sould I write a letter to go with it ?????? Fingers crossed everyone

Hi Sequenci. No not yet. and i am still trying to find out what court charges and solicitors fee's have been applied. No luck either with CAB. They phoned and had to cancel my appointment as their advidor was of sick so i have to make a new one. No news yet either on my claime against them for lack of Data Information. I wrote to the court a while back to get the stay removed and the court to make an order but will cll them in the morning. Still no news regarding my N244 application to have any action suspended. Even TBI have gone quite which is worrying, I fel as if they are applying for something? I will follow up on the courts tomorrow and see where there up to. Just out of interest did you find out if TBI can check my credit file as and when they like without my permission? is so is there a why i can stop them

Thanks for the Bumb up Ford! and thanks for the link Silverfox i will read through it now. Sorry I have not been back for a while, I have been phoning the courts each day to see if anything was moving but no news yet so don't no if my application has been excepted or not as to my Counter Claim i have been told it will be looked at next week so fingers crossed on that one. Today i got a call from CAB, they were meant to get back to me after taking down all the details. I have an appointment with them on the 12th OCT obviously they don't deem it urgent. Also was wondering are TBI allowed to pull up my credit file each week???? can anyone do this? I have never given them permission to check my credit status and don't too many checks effect my credit score?? I will report back as soon as i have read the link from silver fox, thanks everyone Pen

Hi Guy's. No never bothered complaining about him, I think he was the bloke in charge so didn't see much point nor did ispeak to him again. any way thatnks gor moving my thread i was wondering how to do it now all i have to do is find it. thanks again Guys!! x

Hi Godmother. I used it once with LTSB afterwards they wrote to me stating that they would only honor it on 2 occashions after that they would close my account down. by that time i had moved to a different bank so did not test them on it. I'm not sure though if they could have closed the account just because of using the right of appropriation card there has to be discrimination there somewhere??? My account is with the ombudsman next time i speak with him i will ask him about it . it would be interesting to know

Hi Ford. No, no hearing date as yet. Thanks for the link I will look through it as i think i'm going to need all the help i can get to fight this one they are right nasty so and so's. When i first in court over this charging order i presented the judge with a certificate from my GP stating i had a life expectancy of less then 12 months hoping the judge would not allow the charging order. ha not a chance. When I spoke to this company last month asking why are they chasing the debt when it is secured on the house he reminded me of my illness as said " your still here, how do i know when you are going to die. we still want paying". how bad is that! he has since writtern to appoligise for his comment but it has not stiopped him harrasing me over it. I don't know what i would do if i was forced to sell our house. 17k yes i was over them moon with that and it was all thanks to Gary and Elisnore for the TSB site. The helped me every step of the way even as far as going to court with me thats how great this site along the dedication of some members are on here. I would never have gotten it without them. pen

Hi Jaffacake. non compliance with a CCA request does not necessarily mean the debt is unenforceable. I think your best bet would be to SAR route. this will tell you when you last made a payment and will also allow you to waste time if it is just under six years. Knowing the details of your last payment willhelp determin your next course of action. Lowell are well know for trying to get payment even when knowing that a debt is statued barred. Pen

Hi Bookworn. Yes it's me (Sorry goingforward) I'm so glad a lot of the members i know are still here but wow bookworm has this site changed or what Lol!! I am totally lost it's gotten that big! I've missed you all x

So glad to hear you have a solicitor to represent you as the worse thing you could do is to turn up on your tod. I sat in as an observer on one of these interviews during my past employment and they are no fun. what ever you do don't bother lying either as they are sure to have every detail possible concerning the past odd jobs. They work in twos the good guy and the bad guy. If in doubt " no Comment" I'm sure your solicitor will help guild you. Good luck

this site is getting more and more complicated. I've been away from it for a while and now trying to find my way around is hopless. Is this going to make life easier or worse?? just what are VBCMs and VBs?? or shouldn't i ask lol!!

Hi Ford and Debs. All CAB done was to take down the information thats it. they said they will give me a call. To be honest it was them that got me in this pickle in the first place as i went to them for help and they were meant to go with me to the court hearing but did not turn up. I'm on so much medication now that my memory is awful and i am just no good at standing up for myself any more. I haven't a glue how much charges the courts added as i did not realise they had got the judgement. I knew it had been set aside but thought it was being heard jointly with the charging order application Right back to this, I think your right Ford, I will await the outcome of the N244 before going further. thanks once again guys Ford yes! i was conected to Lloyds. I got I think 17,000 back in charges lol!!! in 2007 however that was after this charging order. If I had know then what i had learned from this site back in 2007 I would have just argued the charges on the debt and have done with it but I didn't know about reclaiming charges at the time. It just showns how good and evective this site is dosen't it.

Hi Ford and everyone else. Thanks for that info it's a great help. I have an apponitment with the CAB today to help me try and sort this out but i suppose the best person to do it is myself? Ford what do i need to do to get this interest removed. I have asked for the order to be set aside or that any action be suspended until my counter claime is heard but I'm not sure how long that will take to process. I completed an application form for that a N244. So is there a form i need to complete to get the interest removed???? for this debt to go from £1,300 to £9,000 is beyound reason in my opinion. I would also like the court costs to be looked at as well if that's at all possible since the debt was under £5,000 i thought there were no court costs and i did have a very good reason to defend the case. thanks again