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HFO claimform - old Morgan Stanley Card Debt **WON**


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I have started filling in the N161 form help needed with following sections.

need to get this one spot on.

 

Section 2 - should I tick case managment or final decision or both.

 

Section 5 - order I am appealing,I guess this is no2 That my defence was struck out.

 

Section 5 - should I request stay of execution.

 

Section 6 - Tick box for skeleton argument to follow within 14 days.

 

Section 7 - Set aside, vary or order new trial.

 

Section 8 - Other applications, part A I apply for stay of execution because?

 

Section 9 - Evidence in support ?

 

Thanks in anticipation

 

BA

US President Barack Obama referred to Ugland House as the biggest building in the world or the biggest tax SCA* in the world.

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BA,

Answers:

 

Section 2

'Case Management'

 

Section 5

Put:

 

The Defendant wishes to appeal the entirety of the order of Deputy District Judge Whitfield made 18 September 2008 namely (then set out paragraphs 1 to 5 inclusive of the order).

 

If you apply for a stay of execution it will involve you in a further fee. You may think the better course would be to react to any enforcement action which may be taken.

 

Section 6

Correct and say the skeleton will follow within 14 days

 

Section 7

'Set Aside'

 

Section 8

'See answer to Section 5 above

 

Section 9

Evidence will comprise the 2 NoAs and may be more. What further evidence is relied upon very much depends on what you say in your grounds of appeal. Any chance of a peep at the grounds and also grounds for an extnesion of time?

 

x20

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All filled in and in the post, thanx again x20, could not have done it without you, fingers crossed and will keep you all informed.

 

x20 the grounds for extension was same as HFO use , getting information from Morgan Stanley ( but my documents are genuine).

 

Grounds for appeal:

 

Post dated NOA

NOA not from OC as they state

No default notice

No default notice produced as evidence

Unenforceable credit agreement

 

Will need help with skeleton arguement (hopefully).

 

Thanx for everyones support

 

Broken arrow

US President Barack Obama referred to Ugland House as the biggest building in the world or the biggest tax SCA* in the world.

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  • 3 weeks later...

UPDATE

 

looks like the appeal has been accepted, as the court require a further £75 payment due to the late application to proceed.

 

Just need to skeleton argument in.

US President Barack Obama referred to Ugland House as the biggest building in the world or the biggest tax SCA* in the world.

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Hi BA

 

Go for it! I'm sure we can all come up with a good skeleton argument.

 

As to HFO, I've been having a look at HFO accounts. HFO Services Ltd is trading at a GROSS LOSS ie it is buying stuff at more than they can get rid of them for. By then charging their expenses (court fees etc) they create a net loss and a tax 'allowance' that can be set off against other group companies tax liabilities.

 

In the year to 31 December 2007, HFO Services 'lost' over £3 Million and was insolvent to the tune of nearly FIVE MILLION QUID!! This created a 'tax loss' of around £900,000. I'm not a tax expert but something smells. Perhaps HMRC should have a look at HFO and its operation.

Arrow Global/MBNA - Discontinued and paid costs

HFO/Morgan Stanley (Barclays) - Discontinued and paid costs

HSBC - Discontinued and paid costs

Nationwide - Ran for cover of stay pending OFT case 3 yrs ago

RBS/Mint - Nothing for 4 yrs after S78 request

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Ho! Ho! (make it 3 Hos! as it's Christmas). Very good research here. They would call it "tax efficiencies". Cynics may say "[problem]". I couldn't possibly comment.

 

Good news re the appeal Broken Arrow. I know Surface Agent and Pt will be your guiding stars for this.

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Will be doing the skeleton argument over the weekend, is there anything which I should/should not include.

 

I think practice direction 52 deals with this.

 

x20 ,PT and others any help would be appreciated.

US President Barack Obama referred to Ugland House as the biggest building in the world or the biggest tax SCA* in the world.

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Good news. You'll need a rock-solid argument, and the CAG stars will make sure you get it. Go for it BA!

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

If a Cagger helps you, click their star. Better still, make a donation however small, so that CAG can continue to help others.

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Follow Surface and Pt's advice. Also re the sales agreement a few posts back. Is that all they sent you? The ones I have in my possession are a few dozen pages long. All you seem to have here is the opening page. Push for the rest of it thee will be some revealing things in this I am sure. Good luck.

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The first one does not have the prescribed terms refer to S60-65 of the act. It is obviously also a mailer which needs wetting around sides, sticking together and returning to the company as an application. Pay special attention to the shape at the bottom it is obviously a mailer but blow it up as large as you can and study it inch by inch. Also find section re ad materials in CCA and legibility etc it's in the early part.

The 2nd has been tacked on as it does have the prescribed details but they should be put to strict proof that this is one and the same document. There is a thread/sticky on here somewhere re the production of original documents in court. I got stitched by this in court as all i took was a statement from OC to say it was complete and the original when it clearly wasn't and the judge let them get away with it. You will need ot have a strong argument to cross examine them re original docs.

It is also (and this may be your main argument) illegible. And this in itself means game over. You need the relevant case law re legibility of docs and the OFT guidelines on this.

Have you thought about getting a barrister either from the pro bono (free but difficult to get) or the direct access scheme. Nowhere near as costly as a solicitor. You do all the spadework under his or her instruction and they tell you how to argue and they will represent in court. PM me if you want details of this.

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Broken Arrow, what I neglected to remember is that an appeal can only be done on the same evidence - I don't think you can introduce anything new so, for instance, if illegibility wasn't an issue in the original case you can't raise it now.

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Hi Rhia

 

Most of the appeal is based on the following:

HFO stated a default notice had been issued, I never received one.

Notice of assignment had been given before, starting proceedings, NOA they used in court post dates this.

That I had been given an enforcable CCA, which I dispute as I do not think it is enforcable.

 

 

Broken Arrow, what I neglected to remember is that an appeal can only be done on the same evidence - I don't think you can introduce anything new so, for instance, if illegibility wasn't an issue in the original case you can't raise it now.

US President Barack Obama referred to Ugland House as the biggest building in the world or the biggest tax SCA* in the world.

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I have had a reply back from companies house, who are investigating their use of using other companies headed paper for NOA,s.They will inform me of this investigation when complete.

 

Re: HFO and possible tax 'evasion', I've contacted the Tax Evasion Hotline!!

US President Barack Obama referred to Ugland House as the biggest building in the world or the biggest tax SCA* in the world.

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  • 2 weeks later...

X20 any idea what will happen next?

 

Appeal update,the appeal has been referred to the designated civil judge at a different court for directions.

US President Barack Obama referred to Ugland House as the biggest building in the world or the biggest tax SCA* in the world.

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  • 4 weeks later...

Appeal update,have today received an order to lodge a copy of the pleadings and a transcript of the judgement.EX107 filled in and posted.

 

I also have to send in a witness statement to explain my delay in applying for an extension of time, anyone with any good arguements for this would be appreciated, all this has to be lodged within 14 days.

US President Barack Obama referred to Ugland House as the biggest building in the world or the biggest tax SCA* in the world.

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Broken Arrow - only just caught up with your case. I take it you have lodged the appeal. What is the next action you are waiting on?

 

The judge who is considering the appeal has requested a transcript of the original hearing, I have sent off the ex107 to request this.

 

I also have to send him a witness statement explaining my late application.I have paid extra for a late application.

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US President Barack Obama referred to Ugland House as the biggest building in the world or the biggest tax SCA* in the world.

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