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    • Please see my comments on your post in red
    • Thanks for your reply, I have another 3 weeks before the notice ends. I'm also concerned because the property has detoriated since I've been here due to mould, damp and rusting (which I've never seen in a property before) rusty hinges and other damage to the front door caused by damp and mould, I'm concerned they could try and charge me for damages? As long as you've documented and reported this previously you'll have a right to challenge any costs. There was no inventory when I moved in, I also didn't have to pay a deposit. Do an inventory when you move out as proof of the property's condition as you leave it. I've also been told that if I leave before a possession order is given I would be deemed intentionally homeless, is this true? If you leave, yes. However, Your local council has a legal obligation to ensure you won't be left homeless as soon as you get the notice. As stated before, you don't have to leave when the notice expires if you haven't got somewhere else to go. Just keep paying your rent as normal. Your tenancy doesn't legally end until a possession warrant is executed against you or you leave and hand the keys back. My daughter doesn't live with me, I'd likely have medical priority as I have health issues and I'm on pip etc. Contact the council and make them aware then.      
    • extension? you mean enforcement. after 6yrs its very rare for a judge to allow enforcement. it wont have been sold on, just passed around the various differing trading names the claimant uses.    
    • You believe you have cast iron evidence. However, all they’d have to do to oppose a request for summary judgment is to say “we will be putting forward our own evidence and the evidence from both parties needs to be heard and assessed by a judge” : the bar for summary judgment is set quite high! You believe they don't have evidence but that on its own doesn't mean they wouldn't try! so, its a high risk strategy that leaves you on the hook for their costs if it doesn't work. Let the usual process play out.
    • Ok, I don't necessarily want to re-open my old thread but I've seen a number of such threads with regards to CCJ's and want to ask a fairly general consensus on the subject. My original CCJ is 7 years old now and has had 2/3 owners for the debt over the years since with varying level of contact.  Up to last summer they had attempted a charging order on a shared mortgage I'm named on which I defended that action and tried to negotiate with them to the point they withdrew the charging order application pending negotiations which we never came to an agreement over.  However, after a number of communication I heard nothing back since last Autumn barring an annual generic statement early this year despite multiple messages to them since at the time.  at a loss as to why the sudden loss of response from them. Then something came through from this site at random yesterday whilst out that I can't find now with regards to CCJ's to read over again.  Now here is the thing, I get how CCJ's don't expire as such, but I've been reading through threads and Google since this morning and a little confused.  CCJ's don't expire but can be effectively statute barred after 6 years (when in my case was just before I last heard of the creditor) if they are neither enforced in that time or they apply to the court within the 6 years of issue to extend the CCJ and that after 6 years they can't really without great difficulty or explanation apply for a CCJ extension after of the original CCJ?.  Is this actually correct as I've read various sources on Google and threads that suggest there is something to this?.
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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Hfo


onecall1
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Thread Locked

because no one has posted on it for the last 5724 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

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  • 2 weeks later...
Good luck onecall 1 we're all behind you ;)

Thanks for the tip Rory, I havent quite got used to this site yet, think I can post anything anywhere!!

 

The bottom line is that I have not received any documentation from HFO or Turnbulls and I need to complete the questionnaire for the Court. Funnily enough I have had a letter from Turnbull today asking for us to contact them so that we can perhaps reach agreement before attending court. Can you believe they are quoting me about complying with CPR!!!. I have copied them in on everything and had nothing back. Its a joke.:lol:

 

I have written to the Court and explained that HFO are not complying but I have to submit my questionnaire by 6th Dec. I have asked the judge to strike out their claim but have heard nothing yet.

 

How long should I leave it before I take further action.

 

Thanks

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HFO are also using a bogus courier company called First Direct Logistics Limited, they send a card via normal 2nd class mail (how stupid is that - any normal courier company not being able to deliver would stick a card directly through your letter box). This card asks you to contact them re a parcel they need instructions for - it contains a reference no which apparently links you to a debt they are holding - usually nearing statue barred status.

 

The postman who gave me this card today said they had a lot of complaints about them and were warning people not to contact them (or the post office).

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HFO are also using a bogus courier company called First Direct Logistics Limited, they send a card via normal 2nd class mail (how stupid is that - any normal courier company not being able to deliver would stick a card directly through your letter box). This card asks you to contact them re a parcel they need instructions for - it contains a reference no which apparently links you to a debt they are holding - usually nearing statue barred status.

 

The postman who gave me this card today said they had a lot of complaints about them and were warning people not to contact them (or the post office).

 

That's what they did to me. And I am ashamed to say I was stupid/niaive enough to ring the number because it so happened I really was expecting a parcel that week. I am so mad with myself for doing it, and getting these ********* on my back. Btw - does anyone know how many calls constitutes enough telephone "harrassment" to send a letter to them?

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  • 1 month later...

Just an update to let you know that I have not heard a peep from HFO since November. They still have not provided information under CPR. I cant believe that they made such a fuss and filed it with the court so quickly and now it looks like they have all disappeared!!

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i would again write to the court and let them know they are now in breach and you feel they are wasting the courts time and also during all these weeks you are being harrassed several times a day by their threatening phone calls,just make it impossible for them to face a judge then you can forward a claim for unlimited damages lol be as sneaky as them and also write to the solicitors and let them know that their association with HFO and their failure to comply with the courts will now result in a formal complaint to the law society ,that will shake them right down to their slimy boots

patrickq1

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I agree with patrickq1's post above, contact the courts (just in case they have lodged a judgement in default - if they have done this it is easy to overturn it as you have proof you have contacted both court and solicitors re defending the case) and see what they have done.

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yes cause R AND T are notorious for going after properties so get writing to the courts asap,they are the sneakiest bunch you never want to meet....or go down to the courts with your letter and explain to the court manager of your concerns and about their persistant harrassment

patrickq1

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  • 3 weeks later...

Hi, Great thread. Like many who have been hounded and intimated by HFO + T.R. sol I'm cautious of posting too much sensitive info. Had the First Direct parcel [problem] but didn't respond (lucky 4 me) will produce in court, then 1st ltr charge on home. I want these morons to take me to court, I want to have my day! I don't understand how the Blue Chip companies can use such unlawful ********. The billions the make!!! When I was at my worst and incurring interest and unable to pay C.C.I got sent blank cheques, thus encouraging me to incur even more debt, thank God I didn't use them. Awaiting HFO next move !

Suspicious and untrusting m.p.;)

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  • 1 month later...
:???: hi im new to this site i would appreciate any help. i had a debt with 3g bout 3 years ago i had 2 accounts with them and was paying one of them off with wescot. Then a couple of weeks ago i had numerous calls to my mums from hfo services claimng to have taken my debt over for the other 3g which i never paid they were really rude i explained to them that i had nothing in writing from them and they just tutted as if to say i was lying. the man there basically forced me into paying £40 as a token to the debt so that i didnt incur any interest charges. im a single parent with 2 small children and cant afford the payments they want me to pay because i work 10 hours a week they said its tough i would have to pay. i paid the £40 once i paid he said i have another debt with them this is the one that i pay to wescot i told him this and he said no they now have the debt. i phoned wescot they said debt is with them still and they would look into it. today i recieved a phonecall from hfo saying i need to pay this wescot debt and they have added interest charges and was charging me £10 to send an email to prove they had the debt i never recived any email. i really dont know what to do sorry this is a long post but i am getting really depressed worying about what they will do and wheter i would be getting bailiffs coming round to my flat or not can someone please HELP me
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Firstly start a new thread and secondly email them every hour (you can set up an automatic email to go every hour) and charge them £10 a time until you get a reply from them which confirms that

 

A) they have the agreement from 3G for this debt

B) they have the assignment from 3G to collect this debt

C) they DO NOT communicate via phone to ANYONE (there is a letter you can send them)

 

As you are a single parent with 2 small children they CANNOT send bailiffs round WITHOUT a court order first, and then you would have to default on the court order for that to happen. They are relying on your ignorance of the law on this point.

 

Please please DO NOT speak to them on the phone again, and everytime they write to you write back and charge them for the priviledge.

 

You should also take any letters you have from them to your local CAB and they should give you more advice.

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just to re iterate what sillygirl has said e mail them until they stop,but also if you are unsure how to start a new thread then post your details on here and we will guide you through what to do but firstly now you are here you can honestly stop worrying you are now in control and you are the one who will dictate the time and place for all this to take a legal footing dont worry it wont cost you a bomb to refute HFO and their harrassment and it wont cost you fortunes to go to court either ,

CCA REQUEST

 

Ask your creditor for a copy of your credit agreement under the Consumer Credit Act 1974

 

 

 

1 High Street,

Newtown,

Kent

R21 4RH

 

 

June 28, 2006

 

The Loan Company

Company House,

Church Street,

Newtown,

Kent,

R1 7HG

 

Dear Sir/Madam

 

Re:− Account/Reference Number 4563210025897412

 

With reference to the above agreement, we would be grateful if you would send us a copy of this credit agreement.

 

We understand that under the Consumer Credit Act 1974 (Sections 77−79), we are entitled to receive a copy of our credit agreement on request. We enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

 

We understand a copy of our credit agreement should be supplied within 12 working days.

 

We understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

 

We look forward to hearing from you.

 

Yours faithfully

Mr A N Other

NOW YOU ALSO HAVE TO SEND A SAR to 3g

with this letter ok

SAR

[your address]

 

 

[their address]

 

[DATE]

 

 

 

Data Protection Act 1998

Subject Access Request

 

 

 

Dear Sir/Madam

 

ACCOUNT NUMBER: xxxxxxxxx (or multiple numbers if more than one account)

 

Please supply me with a complete list of transactions and charges relating to my banking history with your organisation. Alternatively, a complete set of statements for that period will be acceptable.

Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my banking business with you.

If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.

I enclose the statutory maximum fee of £10. You have 40 days in which to comply. Furthermore, if I discover that you have levied disproportionate penalties against me, then I shall be reclaiming them, and also reclaiming the enclosed £10 Data Protection Act subject access request fee.

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable. I would be happy to collect the Data from my local branch.

 

Yours faithfully,

 

 

[name]

 

YOU MUST send THESE LETTERS AND ADJUST WHERE NECCESSARY

hope this all helps but dont worry now you are in control and dont let yourself be bullied,because HFO in particular rely on threats and intimidation,lastly do not sign your name always print

patrickq1

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hi thanks for this im not sure how to start a new thread so can someone tell me how. i have already had another 2 calls today and one voicemail saying i should call them its critical and that only me should speak to them. i spoke to wescot today they said my debt with them has been paid and the account has been closed. does it matter that i have alredy paid £40 for one of the hfo debts my next payment from themis due 8th of this month. also how do they get a court order if i refuse to pay? does that mean i would have to offer courts a repayment schedule. thanks for your help

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If you've been paying Westcot and they take you to court you can prove you've been paying and they will be stuffed.

 

Basically they like scaring people and are full of hot air. If you go to court there is a very recent case you can cite which should stop the judge from making judgement against you. YOU DO NOT need a solicitor with you when you go to court to challenge them - that's another of their favourite threats. You can be a 'litigant in person' and challenge them on the grounds that you were paying the debt originally and it got sold, or that they don't have the proper paperwork.

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hi i have just been to my mum and there was a letter there from hfo and 3g saying that one of the debts has been passed to them just basically trying to get me to sign a form but no letter has been recieved regaring the other debt with 3g that hfo claim to have (the one i was paying with wescot) what do i do now?

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  • 5 months later...

I thought I would give you an update on the situation with HFO. Having requested a copy of the Consumer Credit Agreement for nearly a year. I thought I would give them one last chance chance to produce it as we are only 6 days from trial. Hey presto.................it has now arrived!

 

I am not sure if it s an application form as it has none of the prescribed terms and much of it is illegible although I would appreciate it if someone could confirm what the prescribed terms are.

 

I have tried to attach the letter for the last hour but have been unable to do so. Technology is not my strongest point. Anyway, at the top of the page it clearly says, Application. There is no account number but further down it does say Consumer Credit Agreement. The paragraph under it is illegible. There are no figures, no terms and no interest rate etc. Turnbull Rutherford have said that they have asked Barclaycard for the terms and conditions and will send them to me but surely they should be on this alleged agreement.

 

My whole defence in court was that they did not have a CCL and now I have to try and defend that this is not properly executed and I am not very optimistic that I can prove that. I signed it in 1993. Not sure if this makes any difference.

 

I am going to take it into the office and see if I can post it there but I would really appreciate any help as I have to have my bundle into the Court in 3 days.

 

Thankyou

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