Lowell/HFO claimform - old barclaycard debt **WON***

[Pank]

I kept the envelopes. I am sure the Barclaycard one has been produced by them. Barclaycard would have issued the letter with the ammount owed at that time. Not the amount that HFO are claiming that I owe.

I will ask 42 man to coment. He has helped me greately.

 

It just all seems very strange to me this Good Cop, Bad Cop is unnerving.

 

All the documents that where dated still are, I have not taken any dates out.

Edited February 20, 2009 by Pank
missed a bit

[42man]

Completely invalid default notice....it should give you 14 days + 2 days of service this says 7 DAYS !!!

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/170345-tale-dodgy-dn.html

[42man]

http://www.consumeractiongroup.co.uk/forum/legal-issues/148863-joint-account-claim-issued-4.html#post1604130

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/95027-cabot-county-court-claim-17.html#post1601276

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/132160-really-confused-3.html#post1454421

[42man]

If you're really feeling up to it Pank.....ring the solicitors and tell them about their error and quote them

 

• Failure of a default notice to be accurate not only invalidates the default notice (Woodchester Lease Management Services Ltd v Swain and Co - [2001] GCCR 2255) but is a unlawful rescission of contract which would not only prevent the court enforcing any alleged debt, but give me a counter claim for damages Kpohraror v Woolwich Building Society [1996] 4 All ER 119
  

[DonkeyB]

Pank, are TR claiming that the default notice had been sent to you previously? Of course, it wasn't ever sent: I believe they make up the documents to suit their cause. Watch out for the imaginary letter before action!

[Pank]

Thank you Guys I will keep you posted.

[Pank]

Hello Again,

 

Thought I would keep you posted.

I have been contacted by the Solicitors Regulations Authority asking for more information which I have passed on. As Thurnbull and HFO ignoored my Subject access request date the 11/2 (sent special delivery) I have now also reported them both to the Information Comissioner.

Merton Trading Standards seem very interested and I have now passed the latest letters on to them inclufing the falsified Barclaycard letter, and the fact that they have added about £2000 in interset while the account has been in despute.

 

I am quite looking forward to go to court, I am all set on it. I travel a lot wtith my work and spend long periods away. Would the court be ok with someone representing me without me beeing there?

 

Cheers

[Rhia]

Pank you will have to be there in person or they will just find against you I'm afraid. If you explain that you work away they will try and find a date to suit you both - well i found that they do.

I think you are doing well with this keep up the pressure.

[sillygirl1]

As Rhia said, they will find a date which suites both of you - good luck with this, the more people continue to fight back against companies like HFO the less likely they will prosper.

 

Just look at what has happened to 1st Credit and their Statutory Demand campaign!

[Pank]

Right, more of an update, HFO responded to my SAR by sending me the application form they sent before a seperate page of the T&C together with screen prints of the statements from the acoount. Now the interesting thing is that 3 or 4 screen prints have my name on them but a different address on each page. Addresses where I have never lived. All very strange. Trading standards will be interested and the Solicitors Regulatory Service. It looks like they have just made things up!

Thats all HFO have sent me, I will make another complaint to the Information Commisioners office as they have more information on me then that. What about all the letters etc they have sent, what about all third parties they have passed my information on too. Don't they have to tell me all of that?

 

The Solicitors Regulation Authority have re opened the case after I pointed out they had only addressed one part of my 4 part complaint, I also informed them that this case had also gone to ICO and Merton Trading Standards. I have been asigned a new case number so we will see.

 

Any Ideas of anything further?

 

Cheers

Edited March 4, 2009 by Pank

[Pank]

Dear All, moore news for you.

 

I had a very long chat today with Merton Trading Standards regarding HFO Services and Thurnbull Rutherford Solicitors.

Apparently, Trading Standards in Surrey have 2 people working full time on HFO Services as they have had so many complaints.

If you are going to report HFO Services to Trading Standards you have to do that through the trading standards where you live, as it is the address to where the "crime" has been commited that is the important thing ie, where they are sending the letters or phoning. They in turn pass these details on to this "action group" in Surrey.

 

I am passing all my details on yet again, this time to Northampton one which is close to where I live.

 

Many Thanks

[Pank]

Dear All,

 

I am about to start claiming all my charges back from Barclaycard. This is an old card for an account that is no longer open and had been sold on to a DCA, but they never had a valid CCA and stopped persuing me.

Now, I assume I need to give barclaycard my old and new address? If someone claiming has got married and their name is now different to the actual account name do they have to enclose a marriage certificate.

 

Asking as we are several people claiming at work! Can you also point me in the direction of template letters? I am unable to find them Doh!

 

Thank you

[Pank]

Help!

 

I have today received some documents from HFO which I assume is in responce to my SAR.

I have received copies of statements, may 2004-jul 2005 and then Jun 07- Aug 07. There are two years of stements missing! Also some of the statements have someone elses address on it. 5 of the staments have 3 different addresses on them, an address where I have never lived!

I have also received another copy of the application form they are pretending to be a CCA and a seperate sheet with Barclaycard T&C's. That is all they have sent me. Surely they have to supply more information then that?

 

Am I right in assuming that the terms and Conditions have to be attached? They could have been copied at any time?

 

What should I do now?

 

Cheers

[slick132]

Hi Pank and welcome to CAG. Hello to the several others too.

 

Each case is individual, so be aware that general advice may not cover all situations. It may be that you each need to start your own threads.

 

Read the Reclaiming Guide at Link No1 in my signature below.

 

You can pursue BC for a refund of penalty charges made to the a/c in the last 6 years. You can also insist that you be repaid by cheque and not have the refund used to reduce the debt. If you decide to clear the debt, or part of it along with other debts, that is your choice.

 

Write to BC using your current name and address but give them all relvant info such as Maiden Name, old a/c nos., old addresses, etc.

 

If they want sight of a marriage cert, no doubt they'll tell you.

 

Use this for a credit card a/c Prelim Letter - http://www.consumeractiongroup.co.uk/forum/bank-templates-library/586-credit-store-card-letter.html

 

Read other threads and you'll see BC are refunding with little trouble at the mo, unless you are claiming the higher rates of interest or your claim is for charges beyond 6 years.

 

They'll barely argue before repaying. Claiming the higher interest may significantly boost your claim, but BC will fight it all the way up to court and will only settle just before a full court hearing.

 

Personal bank account charges reclaims are dealt with differently and will be Stayed (adjourned) by the court when they reach a certain stage, because of the OFT test case.

 

However, you should still start any bank reclaim to protect older charges which would become over 6 years old and not be taken into account.

 

[Pank]

Thank you very much, Most helpfull. I am on it

[Pank]

Anyone?

[DonkeyB]

Yes, to be enforceable the T&Cs have to be referred to within the signed agreement, but the terms that must be included - APR etc - must be within the document itself, not a separate document.

 

I think this letter (adapt to suit) from 42man suits - if they are saying this is a CCA, then they are stuffed if they want to take you to court.

 

>>

 

Dear tossers

 

Thank you for your response to my request under the Consumer Credit Act section 78.

 

I am pleased to see that you confirm this as a true copy of the original agreement executed by Xxxxxxx on the XXXXX.

 

As you must realise this agreement does not conform to sections 60(1) and 61(1) of the Consumer credit Act 1974 and would therefore only be enforceable by a court under s65. However, the absence of any prescribed terms means that a court would be prevented from enforcing it under s127(3).

 

You had until (date here) to provide me with the true copy I requested. After that date you entered into default of my request and I am therefore advising that the matter is now in dispute. Whilst the matter is in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, make any further charges to the account or pass the account to anybody else.

 

Please note once again that this letter is a second statutory notice under Section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect. This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies including any defaults. Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data. It is not sufficient to simply state that you have a ‘legal right’: you must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Should you fail to respond within 21 days, I will expect that this means you agree to remove all such data.

>>

 

I'm sure 42man will shout if this is the wrong letter to send.

[fedup21]

Dear All, moore news for you.

 

I had a very long chat today with Merton Trading Standards regarding HFO Services and Thurnbull Rutherford Solicitors.

Apparently, Trading Standards in Surrey have 2 people working full time on HFO Services as they have had so many complaints.

If you are going to report HFO Services to Trading Standards you have to do that through the trading standards where you live, as it is the address to where the "crime" has been commited that is the important thing ie, where they are sending the letters or phoning. They in turn pass these details on to this "action group" in Surrey.

 

I am passing all my details on yet again, this time to Northampton one which is close to where I live.

 

Many Thanks

 

Hi Pank, well that put a huge:-Don my face! Just waiting to hear back from quite a number of bodies, trading standards, and various others! Had quite interesting reply from one body today, will update when conclusion or more info is recieved! HFO did me a huge favour, taught me to thoroughly read things and question everything, it's amazing how many flaws you can find when you really look! Good luck with your case, Trading standards must be snowed under with complaints to dedicate two officers full time, keep those complaints rolling into to them I say!

[sillygirl1]

Well done Pank, we did tell you at the beginning that these were a shady lot and needed to be reported. It must be bad if Trading Standards has two full time officers on their back... hopefully another success story for the CAG files at the end of your ordeal.

 

Keep up the complaints and hopefully another bunch of leeches will be drained of their life-blood.

[Rhia]

Pank you are doing brilliantly. For a start there is no way they will get anywhere in court if they produce this Enid Blyton rubbish.

Also keep on at them and do it all in writing as it is the paper trail that will be their undoing.

And agree they must be getting some serious complaints to put two trading standards officers on their tail as TS is always tightly staffed and cases will take priority according to their seriousness so this speaks for itself.

I also read on other threads that Croydon County Court is on to them too with judges questioning how and why they are binging so many claims with so little evidence.

[Pank]

Dear All,

 

I have already found a letter on the Web site that I sent friday recorded.

HFO Services

 

PO BOX 342 Lavender Park Road West Byfleet Surrey KT14 6YX

 

05 March 2009

 

Dear Sir/Madam

 

 

I am in receipt of the documents that you have supplied in response to my Data Protection Act information request dated 11 February 2009. The disclosure of personal data is incomplete in that at least the following documents are missing.

 

1) You have failed to provide a complete list of transactions and charges. August 200S--February 2007 are missing completely. I am also missing a breakdown of the illegal charges you have added to this account that is in dispute.

 

2) Some of the statements you have sent have somebody else's address and details. I have passed this information on the leo as this is a direct breech of the Data Protection Act 1998.

 

3) You have provided no notes, or documents relating to correspondence and poof of postage between you and my self.

 

4) You have provided no notes, or documents relating to any legal action between you and myself.

 

5) You have provided no notes, or documents relating to instances of manual intervention.

 

6) You have provided no notes, or documents relating to the third parties you have passed my details to.

 

This is not an exhaustive list by any means, it is just an example of some of the information I am missing.

 

Accordingly, I have to tell you that you have not yet complied with your obligations under the Data Protection Act 1998.

 

You have a further 16 days to comply.

 

Yours faithfully,

I hope that is sufficent? Should I sent the 42 Man as well?

Cheers

 

[Pank]

Question,

If this case goes to court and the deffence is filed and Thrurnbull do not reply within the 28 days, I understand that the case ie "stayed"? How long can a case be stayed for? Is there a time limit? Can they 4 years later decide to carry on and take up where they left off?

 

Many Thanks

[Rhia]

I am not too "up" on procedure and hope someone else can answer this but my feeling is if you enter a defence and they do not reply you could get it thrown out. However I was once told by a judge that if it was struck out they could get their papers in order and come back again. (Fat chance of their papers being in order).

If it's stayed I think it's stayed indefinitely and they would need court/judge agreement to revive. I'll ask a couple of folks I know but in the meantime someone may come along with the answer.

P.S. I wouldn't worry about court action fom these muppets I doubt they will bother. Unless of course they have a death wish.

[Pank]

I am now beeing taken to Court. Received Court Action papers from Northamptonshire Bulk Centre. Dated the 13 March. I have enclosed the claim form received. With regards to when they bought the dept, this is not what they sent me previously, they told me they had bought the debt in 2007.

 

Can someone please help me with a defence? Bricking it now, never thought if would get to this.

 

Can someone tell me what my options are?

 

Help!!

CC Claim Form.pdf

Edited March 16, 2009 by Pank

[DonkeyB]

So they claim they bought the debt the day before they instigated court action? No time for an LBA then - think they may have cooked their own goose. Idiots. Don't panic, you need to acknowledge service then its 28 days to get your defence in. Time to take the numpties to task.