Being taken to Court by HFO Services -Please help Advice needed **WON**

[Rosie_123]

Rosie any luck yet, Turnballs have not filed anything so my case was stayed, how about you?

 

Hi there - well I have heard nothing either - not even a "fake" credit agreement. But I do have a Court Date from my local Court in reply to my N244 - to get the case thrown out. It's not til September - so guess will just have to wait til then. Good luck with everything.

[broken arrow]

Hi Rosie

 

I have heard nothing either, not even a court date from my N244.

 

Broken arrow

[Rosie_123]

Hi Rosie

 

I have heard nothing either, not even a court date from my N244.

 

Broken arrow

 

I guess the court date thing relies a lot on the individual court and how behind they are with their workload. Perhaps mine are just efficient?! Must admit I just want the whole damn thing to be over now.

[847]

I was given this copy of an agreement by a representative of Tesco Personal Finance today in the County Court. Does it constitute a true, signed agreement? It is only 1 sheet of paper with no terms & conditions.

scan0001.pdf

[broken arrow]

Hi Rosie

 

Rang the court, they said the judge was looking at my case today and to phone back tomorrow.

 

Broken arrow

[Rosie_123]

Hi Rosie

 

Rang the court, they said the judge was looking at my case today and to phone back tomorrow.

 

Broken arrow

Good luck with things and let us know

 

847 - I would advise you to start your own thread, because things can get easily "lost" in the middle of a big thread like this. If you start your own thread, then the Admins and people here with legal knowledge will see it more quickly and be able to help you more. Good luck.

[broken arrow]

Hi Rosie

 

Just to update you, my case has been listed for a hearing, late August early September.

 

All the best broken arrow.

[Rosie_123]

Hi Rosie

 

Just to update you, my case has been listed for a hearing, late August early September.

 

All the best broken arrow.

So sounds like a week before me.Good luck and thanks for telling me:)

[broken arrow]

Rosie

 

Still no posts from IGNM ( last post 2nd July )?

I would not have done the N244 without his replies to my thread.

It raises a few questions, would TR have responded to my ( your ) defence and it might now have been stayed ( and saved us £75 ).

Was his advice correct and the N244 will get the claim struck out.

Any thoughts?

 

All for now

 

Broken arrow

 

PS

 

As they have not sent you a CCA yet they must not have a copy, no CCA no claim!

[Rosie_123]

Rosie

 

Still no posts from IGNM ( last post 2nd July )?

I would not have done the N244 without his replies to my thread.

It raises a few questions, would TR have responded to my ( your ) defence and it might now have been stayed ( and saved us £75 ).

Was his advice correct and the N244 will get the claim struck out.

Any thoughts?

 

All for now

 

Broken arrow

 

PS

 

As they have not sent you a CCA yet they must not have a copy, no CCA no claim!

 

Yes - I see what you mean - and maybe you're right. But if the claim gets struck out then the £75,.00 will be refunded anyway as far as I know. And I guess at least having it struck out means an end to the matter. If it's "stayed" it kind of hangs around for ever and they can resurrect it later I think. I wonder about what happened to IGNM too- but - one never knows- maybe illness or family problems - I hope he is OK.

[Docman]

Rosie, BA,

 

I'm sure IGNM's advice was sound. It's the only way of getting rid of the clowns at TR. As you say, BA, with a stay the case hangs around like a bad smell. However, if TR wanted to, they could start the whole process again but IMO if they haven't got a valid CCA, they risk the court making a civil restraint order banning them from any further action.

 

Don't forget to ask the judge for the fee back. That way TR have to send you a cheque. You can almost drool over the thought of them having to pay you money. And don't forget to add your time preparing your case. As a litigant in person you can claim £9.25 per hour.

 

best of luck with the hearing.

[Rosie_123]

Rosie, BA,

 

I'm sure IGNM's advice was sound. It's the only way of getting rid of the clowns at TR. As you say, BA, with a stay the case hangs around like a bad smell. However, if TR wanted to, they could start the whole process again but IMO if they haven't got a valid CCA, they risk the court making a civil restraint order banning them from any further action.

 

Don't forget to ask the judge for the fee back. That way TR have to send you a cheque. You can almost drool over the thought of them having to pay you money. And don't forget to add your time preparing your case. As a litigant in person you can claim £9.25 per hour.

 

best of luck with the hearing.

 

I am already drooling Thanks for advice about the time thing - I didn't know that. Do you mind me asking how many hours is realisitic to apply for? I've probably spent hours preparing over the past months,- but I don't want to appear too "greedy"!

[Docman]

Hi Rosie

I don't know what a valid amount of time is. All I can say is that on a recent case of mine which was adjourned because the solicitors didn't have all the docs, they claimed £400 for a half hour hearing and all the preparation with a solicitor charging £125 per hour. The judge held over the costs but said I could claim my costs if I won. She added that it might only be at £9.25 per hour but obviously I would need longer than a solicitor to prepare and so "it usually works out at about the same"!!

On that basis you could charge for taking 10-12 times as long but that might be overdoing it. However, I wouldn't have a problem claiming a couple of hours for work that might take a solicitor 15-20 minutes.

I would also claim for travel costs to court and any loss of wages for taking time off work or taking a day’s holiday. Don't forget that you have to print off and send letters. Many solicitors charge a fixed fee as well. In my case they wanted £12.50 for sending AND for receiving & reading every letter. I don't know if the rate of £12.50 is laid down anywhere, but if it isn't, why not charge £12.50 for every letter you send/receive.

Whatever you charge, you could be asked to prove your time. I suggest you go through your file of papers and list each one and against each put in an estimate of time for dealing with each one.

[Rosie_123]

Thanks Docman - that is very helpful. Presumably, if I am successful, the Court will ask me to fill in forms about costs etc?

[Docman]

I don't think there are any forms. In my case, the other side wrote to me a few days before the hearing with an 'invoice' of their costs. The judge asked if I had been sent this. I think the idea is that once a judgment is made, the winning side asks for its costs. If the proposed figure is accepted by the losing side, then that is what is put in. If the loser objects, the judge seems to basically gets some agreement. In my case, with the other solicitors asking for £400, I suppose I could have objected and eventually settled on a figure of say £250.

[Rosie_123]

OK - thanks for the clarification.

[Rosie_123]

"bump"

 

To all those who have asked, and who have contributed to this thread over the past months - I am delighted to tell you that I won

 

I took HFO to Court to have their claim for a Charging Order against my property, thrown out, as they have never responded to any of my letters or sent me any information. Of course they did not bother to turn up to the Court, which did not please the Judge at all

 

Their claim against me has been thrown out, and they are going to be told to pay all my costs within the next 14 days Of course I realise they may try and get this judgement against them overturned,- but I'm told not to worry in the meantime. I think my local Court are also pretty p****off with HFO who never seem to turn up anywhere!

 

Sadly, when I got home from Court, I found that I have a new battle on my hands - a letter from the (in)famous Cabot for my other outstanding credit card debt. But, thanks to this site, I feel so much more confident now, and I am going to totally forget about them for the next few days and celebrate

 

So again - just wanted to say thanks to EVERYONE here on this brilliant site who has helped me. Without your help, support, patience and knowledge, I could well have come out of this very badly, just because I knew nothing about DCA's and Court procedures or anything until this time. So big thanks to all - and a huge "GOD LUCK" to broken arrow for next week. i hope your case has a good conclusion just like mine.

[DonkeyB]

Fantastic news Rosie - and a huge one in the eye for HFO and Turnbullsh*t Rutherford! Well done!

[DonkeyB]

... and that was about 100 hours @ £9.25 you spend working on your defence, wasn't it?

[Rosie_123]

... and that was about 100 hours @ £9.25 you spend working on your defence, wasn't it?

 

Indeed Not to mention my loss of earnings for the day I went to Court, and the £75.00 for my N2444. I believe I have to ask a Mod to move this to the "successes" thread now!

[broken arrow]

Hi and well done Rosie

 

Hope my hearing goes as well as yours , if I get same outcome IGNM,s advice was spot on.

 

How long did the hearing last? and was it all straight forward.

 

All for now

 

Broken arrow

[tinkerbell20]

congratualations:D:D

[Rosie_123]

Hi and well done Rosie

 

Hope my hearing goes as well as yours , if I get same outcome IGNM,s advice was spot on.

 

How long did the hearing last? and was it all straight forward.

 

All for now

 

Broken arrow

About 10-15 minutes - no longer Plus the 15 minutes I had to wait before they called me in, which I realise now is the time my local Court allows to wait for all parties to arrive, (just in case they are held up in traffic or whatever). The Judge was really approachable and friendly, and even though I admit I was very nervous beforehand, it wasn't scary at all. In my case - my Judge was a female in her 40's - very easy to talk to. One tip - if you haven't already done so - work out the costs you want to apply for before you go in there. I was expecting to have a form to fill in or something - but there wasn't one - the Judge just kind of asked me how much I earned per hour at work (to work out loss of a morning's earnings I guess), and any other expenses, and then told me how much she was awarding. I took loads of stuff with me like Bank Statements and payslips etc and she didn't need any of it, though I would still advise you to take it just in case your Judge is different. It really was so much better than I had feared, so good luck - hope yours wll be as trauma free :)Please let us know how you get on.

[citizenB]

Oh well done Rosie, I am really pleased for you.

[Rosie_123]

Oh well done Rosie, I am really pleased for you.

Thank you