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    • It would just be good to get a few more opinions on the judges decision before I decide whether to push on with it or stop if there's every chance I will lose and owe them more in legal costs
    • America is a republic, (and) not a democracy - not quite there yet   Trump is a corrupt felon, not a president - yep
    • Hello I hope someone can give me some advice here, as I am at a bit of a loss on how to proceed. This relates to alleged offences under the RTA. Yesterday I received a notification from the local police of intention to prosecute for the following offences: 1 driving without due care and attention 2 failing to stop at a road traffic accident 3 failing to report a road traffic accident At this stage they have only asked me to say whether I was the driver at the time or not and provided a blank sheet of paper to give information about the incident. Going by the location (just round the corner from where I live) I can only imagine this relating to one recent incident, which wasn't actually an accident but more of a road rage event. I was driving past someone unloading or working next to his lorry which had stopped in the road. I wasn't going fast or anything, while I went by lorry man turned around and punched and kicked my car whilst going past him. I stopped and got out and wanted to know what he thought he was doing punching and kicking my car. He then hurled some verbal abuse at me, swearing and he was quite aggressive. I still didn't know what his problem was and said I would report him to his company for threatening behaviour and vandalism for punching my car. I got my phone and tried to take a photo of his lorry and number plate but at that moment he came right at me, still shouting and swearing, so I was worried he may hit me next, as he already punched my car. I thought if the guy hits me I will come off second best, so I decided to retreat. I quickly got back into my car and left. When I checked my phone later the photo I tried to take was blurred and useless, so I thought it was pointless to report the incident to the police, as the guy would not be traceable. Over that I forgot about it until I got the letter yesterday in the post. This is the only thing I believe this can relate to, but I have no idea based on what the three above allegations come from There was no road traffic accident, more of a road rage incident. So I am at a loss what to do. I have 28 days to respond. Should I just say yes I was the driver and was there and see what happens next, or should I already make a written statement on the attached piece of paper they sent me and send that with it ? Is there anyone here who would have a rough idea what to do next ? I tried my legal advice line through my Union, but they have sent me from pillar to post, now say it needs to go to a different department again and that would be chargeable as the RTA comes under Criminal Law. So any advice would be appreciated Many Thanks
    • So a quick update got bounced around two different departments and managed to speak to a DVLA bod , explained the situation and they could see the overlap and that DD payments had been made from Feb , also no formal remiders prior , they gave me a number for the legal dept who I am calling this morning to see what they can do in terms of the SJP notice , still have time to submit this online.  Will update after my chat this morning 
    • filed the defence at same time as suggested @dx100uk
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    • If you are buying a used car – you need to read this survival guide.
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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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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.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Hfo


onecall1
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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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