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Template Particulars of Claim for damages under Protection from Harassment Act 1997


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1 Prohibition of harassment

 

(1) A person must not pursue a course of conduct—

 

(a) which amounts to harassment of another, and

(b) which he knows or ought to know amounts to harassment of the other.

 

(2) For the purposes of this section, the person whose course of conduct is in question ought to know that it amounts to harassment of another if a reasonable person in possession of the same information would think the course of conduct amounted to harassment of the other.

 

(3) Subsection (1) does not apply to a course of conduct if the person who pursued it shows—

 

(a) that it was pursued for the purpose of preventing or detecting crime,

(b) that it was pursued under any enactment or rule of law or to comply with any condition or requirement imposed by any person under any enactment, or

 

© that in the particular circumstances the pursuit of the course of conduct was reasonable.

 

 

 

3 Civil remedy

 

(1) An actual or apprehended breach of section 1 may be the subject of a claim in civil proceedings by the person who is or may be the victim of the course of conduct in question.

 

(2) On such a claim, damages may be awarded for (among other things) any anxiety caused by the harassment and any financial loss resulting from the harassment.

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This is the important bit:

 

© that in the particular circumstances the pursuit of the course of conduct was reasonable.

 

The OFT debt collection guidelines specify dozens of examples which they state they regard as UNreasonable.

 

If your DCA has engaged in these, it would appear to be a straight forward matter to use these guidelines to show that the DCA in the course of their conduct (collecting a debt, whether or not lawfully owed) has behaved unreasonably.

 

 

(especially if the alleged debt is substantially or wholly unenforceable)

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PARTICULARS OF CLAIM

Brian Goathammer-v- Dodgy DCA

 

1. The Respondent is the Data Controller and Head of Collections of a Debt Collection Agency and is responsible for the processing of data of which the Applicant is a Subject within the meaning of the Data Protection Act.

 

2. The Applicant has an account ("the Account") with the Respondent's client xxxx ltd.

 

3. From xx/xx/xx and during the Respondent's business of in attempting to collect which their client xxxx Ltd claimed was owed by the Applicant, the Respondent pursued an course of action unreasonable in the circumstances.

 

4. The activities engaged by the Respondent are deemed to be unreasonable by the OFT in their guidelines regarding the Resondent's business and may give rise to the OFT calling into question the Respondent's fitness to hold a Consumer Credit Licence.

 

5. The Applicant disputes the debt for reasons of xxxxxxxx and has asked the Respondent to suspend collection until the dispute is resolved.

 

6. The Respondent has been served a admin of justice act 1970 order and been requested that all further contact by exclusively by letter.

 

7. The respondent continues to telephone the Applicant demanding payment, refusing to investigate the dispute.

 

8.The Applicant has sent a S.A.R - (Subject Access Request) to the Respondent. The Respondent has supplied a list of contact times and dates. The Respondent confirms that it phoned the Applicant on 880 occasions within 29 days and states its intention to continue this course of action.

 

9. As a result of this harassment the Applicant has suffered damage, distress and anxiety.

 

10. The Applicant considers the value of this damage, distress and anxiety to be £50 per contact incident.

 

11. The Applicant claims:

 

£4400 damages

 

court fee

 

interest @ 8%pa as per County Cort Act 1984

 

 

 

 

 

 

bla bla bla

 

THIS A ROUGH DRAFT JUST PUT HERE FOR DISCUSSION.

 

Its not endorsed by CAG in any way. Do NOT use this without seeking PROFESSIONAL advice.

 

Always show the utmost caution when considering legal advice given by total strangers.

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I like it. I'd change para 4. to something like this:

 

4. The activities engaged by the Respondent are deemed to be "unfair practices" by the OFT in their Guidelines on Debt Collection, with which a holder of a Consumer Credit Licence must comply; the Respondent must, by the nature of his business, hold such licence.

 

Mentioning the question of fitness to hold a CCL may bring up the awkward question of why the OFT appears never to enforce the guidelines, although any case won using these particulars of claim may make them think about it.

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(2) On such a claim, damages may be awarded for (among other things) any anxiety caused by the harassment and any financial loss resulting from the harassment.

had i known this,i am or should say i have just forwarded a complaint against HFO to a goverment dept,and asking them why no audit or investigation has taken place concerning this co and also brought forward my second complaint for which MORGAN STANLEY have aided and abbeted the said co HFO ,since all fact concerning HFO were forwarded to MS who chose to ignore my please...furthermore by HFO own antics i was getting on average several call a day and this was bringing about serious angina attack s ,so i now beleive they are being looked at and under investigation

patrickq1

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Just the situation I had in mind, patrickq1. ;)

 

Lets see if anything comes of this.

 

I am actually talking to a solicitor in Lisburn with a view to bringing a claim. Its going to take a wee while to get civil legal aid though.

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also beware HFO are using the name HFO CAPITAL LIMITED this company is not a registered co...i informed MORGAN STANLEY who dont seem bothered but i take it to read as MONEY LAUNDERING so i have informed the TAX PEOPLE unless that is HFO have suddenley registered HFO CAPITAL..so you cannot make a complaint to HFO CAPITAL it has to be HFO SERVICES LIMITED

patrickq1

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HFO CAPITAL limited do not exist as a limited company so why should MORGAN STANLEY use this ficticious company and useing the name limited,it surely need a credit licence to operate in the collection of money.....and unless HFO CAPITAL LIMITED have only just registered in the last four weeks as a limited company ?

so i would think their is every reason for asking,being unlicensed is about as close as you can get to loan sharks

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  • 2 weeks later...

Thank you for your email to the Office of Fair Trading.

This is an automatic acknowledgement.

We will respond to standard enquiries within 10 working days. For requests for information under the Freedom of Information Act, we will respond to you within the statutory limit of 20 working days.

We cannot give advice to consumers about individual disputes with traders. If you need advice about your consumer rights, please contact Consumer Direct or Citizens Advice. Consumer Direct is a phone and online advice and information service for consumers in Great Britain. Contact Consumer Direct at 08454 04 05 06 or www.consumerdirect.gov.uk.

 

 

Please Note:

The OFT is in the process of implementing a new Consumer Credit Licensing IT system and there are currently delays with the processing of licence applications. A consequence of these delays is that we are receiving a large increase in the volume of telephone and e-mail enquiries to our Licensing Enquiries Team. Whilst every effort is being made to respond to these enquiries as soon as possible, we regret that some delays are likely to occur. Please accept our sincere apologies for any inconvenience this may cause.

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  • 2 weeks later...

just not enough people complaining about hfo as this letter i got today explains

 

Consumer Credit Act 1974 ('The Act')

Complaint Against: HFO Services Limited

Licence No: 555914

 

Thank you for your email received on 17 December 2007, regarding the problems you have been experiencing with the above trader.

 

We are always interested to receive complaints such as yours as they are a vital source of information in helping us to investigate the behaviour of traders that hold consumer credit licences. The trader you have complained about does hold a consumer credit licence.

 

If a business wishes to be involved in activities relating to consumer credit or hire, including debt collection, they must have a consumer credit licence. The Office of Fair Trading (OFT) has a duty to monitor the fitness of all traders that hold a consumer credit licence. In considering fitness, we take into account whether a business has engaged in unfair business practices. This includes any evidence that traders have not complied with any guidance issued by the OFT. The OFT has, for example, issued guidance to consumer credit licence holders engaged in the debt collection industry. The guidance sets out minimum standards that we expect of debt collection traders, consistent with fitness to hold a consumer credit licence. The guidance is intended to ensure that debt collectors treat debtors fairly. Non-compliance with this guidance will call into question the fitness of licence holders and applicants.

 

We investigate all complaints received about consumer credit licence holders and, where we have the necessary evidence, we do take appropriate action. In our initial investigation of all complaints we consider how many complaints we have received overall and how strong the evidence is to support any action. It is unlikely that a licence would be revoked on the strength of one complaint. Where we have strong evidence that unfair business practices have occurred, we may take steps to revoke or refuse the licence of the business in question. However, if we are to do this we need to take account of factors such as the number of complaints received how recent they are and how well evidenced. In cases where evidence is less strong we may issue a warning letter to the business putting it on notice that its behaviour, if repeated, will call their fitness to hold a licence into question. Any action we do take has to be proportionate. If an approach from the OFT makes a trader change its behaviour and treat consumers fairly in future, this is preferable to putting a trader out of business.

 

If we do take any licensing action against this trader it is likely that we would need to disclose your identity to this trader along with details of your complaint. I should therefore be grateful if you would provide me with written authorisation to disclose these details to the trader. I have enclosed a disclosure consent form for you to sign and return to me.

 

We have noted the details of your complaint, to consider alongside any other complaints we have received with a view to any licensing action we may decide to take. We may therefore contact you again if we require further information. Meanwhile, given that the sanction of licence refusal or revocation is such a significant one there are constraints built into the process for taking such action. For example, because of restrictions in Part 9 of the Enterprise Act 2002 relating to disclosure of information, we cannot disclose specific details about any action we may take, nor comment on any adverse information we hold on individual licence holders.

 

Unfortunately the OFT has no power to intervene in individual disputes, and therefore we are unable to assist you directly in this matter. However, you will be able to obtain practical advice by contacting Consumer Direct either by telephone (08454 04 05 06) or online at www.consumerdirect.gov.uk.

 

Consumer Direct is the first point of call for consumers, providing first tier advice on a range of consumer matters, including advice on shopping, information on consumer rights and practical guidance on individual problems and how to gain redress. Where further help is needed, such as specialist advice, face-to-face assistance, or intervention, Consumer Direct refers consumers to another agency, such as Trading Standards Service, that is best placed to assist.

 

Furthermore, the Financial Ombudsman Service ('FoS') can help with most complaints about consumer-credit products and services if the consumer has failed to satisfactorily resolve the matter directly with the financial institution itself. The FoS can be contacted at:-

 

The Financial Ombudsman Service

South Quay Plaza

183 Marsh Wall

London E14 9SR

Tel: - 0845 080 1800

 

www.financial-ombudsman.org.uk

 

I have also enclosed details of organisations which may be able to assist you. Thank you again for writing to us and bringing this matter to our attention.

 

Yours sincerely

 

 

Miss Jo Kwok

Enquiries and Preliminary Investigations Centre

Markets and Projects

Permission To Disclose Complaint

 

Consumer Credit Act 1974 ('the Act')

Complaint Against: HFO Services Limited

Licence No: 555914

 

Reference: Epic/Enq/E/22497

 

*Please delete as appropriate

 

I give/do not give* my consent for the Office of Fair Trading (OFT) to disclose details of my complaint concerning the above trader, including my name and address details, in any further action that it may take under the Act or under any other legislation administered by the OFT.

 

I also confirm that I have no objections/object* to the OFT using the information provided by me in the performance of any of its functions and disclosing that information to others where legally permissible. By way of example, the OFT may disclose such information in connection with enforcement or regulatory action under its own powers or may refer the information to another government department or enforcement authority.

 

Signed: ………………………………………………………………… ……………………

 

Print name: ………………………………………………………………… ……………..

 

Address (Please print): ………………………………………………………………… …

………………………………………………………………… ………………….

………………………………………………………………… ………………….

………………………………………………………………… ………………….

………………………………………………………………… ………………….

Date: ………………………………………………………………… ……………..

 

Please note the OFT can only use your details in any action we may take against the above trader if you give your written permission for us to do so.

 

 

 

 

Additional contact details

 

In the event of the OFT needing to contact you for further information, it would be helpful if you could provide the following contact details. Please note these further details will not be disclosed to the trader.

 

Telephone number: (Home)……………………………(Mobile) ……………………….

 

Preferred time of contact by telephone: ……………………………………………….

 

E-mail address: ………………………………………………………………… …………..

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  • 2 weeks later...

Spoke to a solicitor this week (Cobbetts!!)

 

A claim for made damages under Protection from Harassment Act would most probably be awarded less than £5000, therefore you would be at liberty to make such a claim through Small Claims.

 

(ie: very little risk of getting costs against you in the event of losing)

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HI EVERYONE I HAVE JUST RECEIVED THIS ,THIS IS A WORRYING TREND FROM THE MOVE FROM THE UK DONT KNOW ABOUT THE LEGALLITY AND I AM CONCERNED THIS IS AN E MAIL I HAVE JUST GOT DONT KNOW IF I AM BEING SET UP OR PUSHED INTO MAKING A MOVE SO I DO NOT KNOW IF ITS RELIABLE

PATRICKQ1

Hey pat ,

My name is ronnie n i m from India through ur postings i

cud figure out ur concern i.e. HFO.

Well this company called HFO has comeup with a callcenter in India and

they are about to start there operations from here,i was trying to

search for there background and in this process i found ur postings.

From here they are going to start calling to UK ppl who are not current

on there loan accounts, if thats wat i have been able to understand

from them

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A claim for made damages under Protection from Harassment Act would most probably be awarded less than £5000, therefore you would be at liberty to make such a claim through Small Claims.

 

Any damages awarded would probably never even reach £1000. Lucky if you get more.

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