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    • I suggest you start reading around this forum about the steps involved in taking a small claim in the County Court. It's very straightforward but you should understand the steps before embarking on it so that you are confident. We will help you all the way. Once you have done this basic reading then come back here and we can begin the process if you are happy to go ahead. On the basis of what you say, I expect that your chances are better than 90%. I also expect that West Cheshire Facilities Management will want to put their hands up before it goes to court and get a judgement against them. We would want to see your letter of claim before it sent off but I suggest that it is made clear that Social Security's have already been informed and that when you get a judgement against West Cheshire Facilities Management, you will make sure that social services and the health service generally are all circulated with copies of the judgement. If West Cheshire Facilities Management really want to take that risk with all of the reputational and business risk that accompanies it, then they are being extremely shortsighted.
    • So who cleaned it and are they prepared to give a report of the state of the place as they found it?
    • Yes, it has been cleaned now - it had to be, he came out of hospital at the end of December, and Friend has secured the services of a local cleaning company to come in once a week.  
    • Following the issue of a Liability Order the Council must obtain a warrant of control to try to collect the debt. If they fail their only option is to return the matter to court and you will be asked to attend.   At that hearing the court must be satisfied that:   • A liability order was imposed in relation to the debt. • You have failed to pay; and • The council tried to collect the sum using a warrant of control, and failed.   They must then go on to conduct a "means enquiry" into your financial circumstances. The principle aim of that is firstly to establish whether you had demonstrated either a wilful refusal to pay (i.e. you had sufficient funds but simply refused to pay) or "culpable neglect" (i.e. you had the funds but chose to spend them on something else). Only if they find one of those two can commitment to prison (either immediate or postponed) be considered. Also, only if they find one of those two can they order payments to meet the debt. The usual combination is an order to make payments coupled with a postponed commitment. But, the payment rate must be realistic in terms of your financial circumstances and it should normally mean that the debt is paid within three years. If a realistic payment rate will not see the debt paid in that period then the court should consider remitting (i.e. writing off) some or all of the debt. Similarly, if they find neither wilful refusal to pay nor culpable neglect (and by default find that you simply did not have the ability to pay) they should also consider remitting some or all of the debt.   You should note that at these commitment proceedings, as the matters you face could result in custody, you are entitled to have the services of the duty solicitor. In your circumstances I would say the chances of you being committed to prison are slightly less than zero. From your very brief description of your finances you simply have no spare money (though a means enquiry will delve more deeply into your affairs, especially the debts for which the DWP are making deductions from your benefits). There is no point in delaying any of this. The sooner it gets sorted the better as your circumstances seem unlikely to change any time soon. One thing you must bear in mind is that these proceedings will only deal with the debt covered by the Liability Order. If you have any Council Tax arrears that have accrued since then they will have to be dealt with separately. I'm also assuming you live in England. Since April 2019 commitment to prison has not been an option in Wales.    
    • good issued the default after you turned 50 when any payment is not longer required on the loans and they should be written off.   it's fast becoming clear that they solely refused your SLC forms as a mode of deferring to create this whole falsehood.   the case your refer to about the new forms is detailed in this form in many SLC erudio threads.   if you could go get a USB converter lead to make your old HDD drives readable from amazon or somewhere , cheap as chips and <£5.
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 33 replies

Where's my SAR HFC???


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I Subject access request HFC on the 22 of may and they still haven't sent me anything to date. What can I do if they dont send me all the info (or any info).

Anyone had any expereince of this with HFC or anyone else for that matter as I can't wait to see the info relating to all the PPI that they piled on the account.

 

Any adivce as to what my next step is please.

VICTORIES TO DATE THROUGH THE HELP OF THIS SITE:

 

1. Littlewoods Catalouge - No pursual of debt & wrote off £4500

2. Three mobile - Debt written off in full, all adverse entries including default removed from credit files, even got an apology from the Chairmans office

3. HSBC Bank - Partial refund for bank charges & claim lodged at court for outstanding charges.

4. HFC Bank - Ongoing - SAR'd in may- Going to register at court for non compliance.

5. Barclaycard - Being very awkward but Ongoing - These are a tricky bunch but they will fold before I do.

 

GOD BLESS CONSUMER ACTION GROUP!

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I sent it recorded with a £10.00 postal order. I spoke to them on the phone at the begining of JUNE as well and they confirmed that they were collating the information but like I say they still have sent me anything. They have however cashed my postal order and sent through other correspondance. They are very aware of the timescales. I was going to send them the Letter before action from the templates section in relation to this as from reading some other threads it seems that doing so will give them the encouragement they need.

VICTORIES TO DATE THROUGH THE HELP OF THIS SITE:

 

1. Littlewoods Catalouge - No pursual of debt & wrote off £4500

2. Three mobile - Debt written off in full, all adverse entries including default removed from credit files, even got an apology from the Chairmans office

3. HSBC Bank - Partial refund for bank charges & claim lodged at court for outstanding charges.

4. HFC Bank - Ongoing - SAR'd in may- Going to register at court for non compliance.

5. Barclaycard - Being very awkward but Ongoing - These are a tricky bunch but they will fold before I do.

 

GOD BLESS CONSUMER ACTION GROUP!

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Ok great that it was recorded. I am sure that a SAR with HFC is £25 though. I think that has probably delayed your information. The problem you have at the moment is 100 branches have been closed so the work load for all the customer services has increased incredibly making it harder to get into contact with them by post or telephone.

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The amount they are allowed to charge is a Maximum of £10.00 according to official info I have read up on. I understand what your saying about the branchs closing but at the end of the day that doesn't change the fact that they have had ages to get the info sorted out or at the very least contact me asking for more time.

VICTORIES TO DATE THROUGH THE HELP OF THIS SITE:

 

1. Littlewoods Catalouge - No pursual of debt & wrote off £4500

2. Three mobile - Debt written off in full, all adverse entries including default removed from credit files, even got an apology from the Chairmans office

3. HSBC Bank - Partial refund for bank charges & claim lodged at court for outstanding charges.

4. HFC Bank - Ongoing - SAR'd in may- Going to register at court for non compliance.

5. Barclaycard - Being very awkward but Ongoing - These are a tricky bunch but they will fold before I do.

 

GOD BLESS CONSUMER ACTION GROUP!

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If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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Yeah cheers sf. I am going with the letter before action. I am sick of all these companies dragging their feet so it is time for a bit of tough love.

VICTORIES TO DATE THROUGH THE HELP OF THIS SITE:

 

1. Littlewoods Catalouge - No pursual of debt & wrote off £4500

2. Three mobile - Debt written off in full, all adverse entries including default removed from credit files, even got an apology from the Chairmans office

3. HSBC Bank - Partial refund for bank charges & claim lodged at court for outstanding charges.

4. HFC Bank - Ongoing - SAR'd in may- Going to register at court for non compliance.

5. Barclaycard - Being very awkward but Ongoing - These are a tricky bunch but they will fold before I do.

 

GOD BLESS CONSUMER ACTION GROUP!

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  • 3 weeks later...

Right all,

 

Just continuing on from my posts above and I thought you would like to know that I have still not recieved the SAR. I sent them the letter before action on the 14/07/09 giving them 7 days to comply or to contact me to discuss the problem to try and get some resolve to the matter. I was then contacted by the data protection manager on the 20/07/09 asking could we draw up a new deadline being the 30/07/09 and I was promised by them that it would be recieved by myself before this date. I didn't recieve anything from them and I am now going to act on my letter before action that I sent and issue court proceedings against HFC to get my SAR but I am going to need help with this as I have not done it before (other than for bank charges).

Just to add, 2 days after I spoke with the data protection guy I did recieve a letter offering me a full and final settlement (equated to around 25% of outstanding balance) but this only made me more determind to get my SAR becuase they have been a bit naughty with my account as I have pointed out in other posts.

 

Couple of questions- If I now go the court route and then I recieve the SAR say in a week s time or so then I will lose money (registering the claim at court etc). Is this a chance I will have to take or can I claim it back from HFC...

Any advice on this please.

What should I do. I sent my SAR to them in May on 22/05/09.

VICTORIES TO DATE THROUGH THE HELP OF THIS SITE:

 

1. Littlewoods Catalouge - No pursual of debt & wrote off £4500

2. Three mobile - Debt written off in full, all adverse entries including default removed from credit files, even got an apology from the Chairmans office

3. HSBC Bank - Partial refund for bank charges & claim lodged at court for outstanding charges.

4. HFC Bank - Ongoing - SAR'd in may- Going to register at court for non compliance.

5. Barclaycard - Being very awkward but Ongoing - These are a tricky bunch but they will fold before I do.

 

GOD BLESS CONSUMER ACTION GROUP!

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bump

VICTORIES TO DATE THROUGH THE HELP OF THIS SITE:

 

1. Littlewoods Catalouge - No pursual of debt & wrote off £4500

2. Three mobile - Debt written off in full, all adverse entries including default removed from credit files, even got an apology from the Chairmans office

3. HSBC Bank - Partial refund for bank charges & claim lodged at court for outstanding charges.

4. HFC Bank - Ongoing - SAR'd in may- Going to register at court for non compliance.

5. Barclaycard - Being very awkward but Ongoing - These are a tricky bunch but they will fold before I do.

 

GOD BLESS CONSUMER ACTION GROUP!

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Two options here... a complaint to the information commisioners to get your SAR or court action yourself.

 

1) ICO, complaint email form is here, scroll down the page and click on the complain by email link.

 

2) Court, the steps are listed in these threads...

 

Firstly the letters

http://www.consumerforums.com/resources/templates-library/48-bank-templates/129-data-protection-act-non-compliance-template-letters-

 

Then the court claim details

http://www.consumerforums.com/resources/templates-library/48-bank-templates/130-data-protection-act-non-compliance-particulars-of-claim-

 

S.

Are You as Anonymous on CAG as You Think You Are? *Link*

 

The CAG is a free help site,should you be offered help that requires payment,please report it to site team.

 

Deal with your debts:

STEP ONE - Dont Panic! | STEP TWO - Priority & Non Priority Debts | STEP THREE - Personal Budget Sheet | STEP FOUR - A SAFE bank Account | STEP FIVE - Dealing with Priority Debts | STEP SIX - Non-priority Debts | STEP SEVEN - Non-Priority Debt-Repayment Opt1 | STEP EIGHT - Non-Priority Debt-Repayment Opt2 | STEP NINE - Perils of Consolidation | STEP TEN - RE-Evaluate Frequently

 

***** SERIOUSLY IN DEBT, DONT KNOW WHAT TO DO, TRY NationalDebtLine's MoneySteps *****

 

 

IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.

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Just got off the phone with them - they said they can only send incomplete info for now and send the rest at a later date. I am not happy with that answer and feel they are really dragging their feet now. Coinsidently the info they say they can't send is the only bit I really need which I feel is more than just a coinsidence.

SO far

I SAR them 22/05/09

Spoke to them about something different on the 05/06/09 - They said they was collating info and it will be out to me shortly.

Spoke to them on the 14/07/09 and sent letter before action.

They called around the 17/07/09 saying the SAR will be with me no later than the 30/07/09 and could we set that as the new deadline before I act on my LBA.

I recieved offer of full and final payment a few days after the discussion regarding the amended deadline.

I called them today and was told they haven't got all the information yet. I asked how long I would be waiting they said - We don't know but we can send you part of the information you have asked for (not all of it) relating to one of the accounts and they blamed it on "we are having to scan in all of the info for all our customers etc.

I have been more than reasonable with HFC and now they can't even tell me when I will be recieving the information.

I am going to act on my LBA and try for a court order. How do I do this?

VICTORIES TO DATE THROUGH THE HELP OF THIS SITE:

 

1. Littlewoods Catalouge - No pursual of debt & wrote off £4500

2. Three mobile - Debt written off in full, all adverse entries including default removed from credit files, even got an apology from the Chairmans office

3. HSBC Bank - Partial refund for bank charges & claim lodged at court for outstanding charges.

4. HFC Bank - Ongoing - SAR'd in may- Going to register at court for non compliance.

5. Barclaycard - Being very awkward but Ongoing - These are a tricky bunch but they will fold before I do.

 

GOD BLESS CONSUMER ACTION GROUP!

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Thanks Shadow

VICTORIES TO DATE THROUGH THE HELP OF THIS SITE:

 

1. Littlewoods Catalouge - No pursual of debt & wrote off £4500

2. Three mobile - Debt written off in full, all adverse entries including default removed from credit files, even got an apology from the Chairmans office

3. HSBC Bank - Partial refund for bank charges & claim lodged at court for outstanding charges.

4. HFC Bank - Ongoing - SAR'd in may- Going to register at court for non compliance.

5. Barclaycard - Being very awkward but Ongoing - These are a tricky bunch but they will fold before I do.

 

GOD BLESS CONSUMER ACTION GROUP!

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You obviously have the patience of a saint. Yeah, go for the court action. Within a fortnight of them receiving it I bet you get the information requested. Can I suggest you STOP calling them. From now on keep all communication written. You are in control now - not them

If my advice has been helpful tip the scales

 

West brom SETTLED

 

Halifax current SETTLED IN FULL

halifax curent (2nd) stayed. Visa - SETTLED

2nd visa LBA sent

halifax for the 3rd time. LBA sent

 

Egg - SETTLED GE Money - SETTLED Barclaycard SETTLED twice

 

Sainsbury's - Awaiting court date

 

Co-op cc SETTLED IN FULL 2nd claim. Settled in full

 

 

National Westminster Settled in full. 2nd claim. N1 submitted

 

 

HFC bank SETTLED. HFC 2nd claim - lba sent 21/10/08 Time Retail N1 filed Argos settled in full Creation - SETTLED IN FULL

 

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  • 3 months later...

Sorry for not updating. I recieved my sar about 2 month ago and if I am honest I am still going through the information which to date I haven't done much with yet as I have had more pressing matters to do with Barclaycard and hsbc so I am saving the rest of this particular fight until the new year now once I have made sense of all the information which I might add is ALOT!!

Anyone waiting for the SAR from these clowns will get it but not within the time frame as they say they are backlogged with requests.

VICTORIES TO DATE THROUGH THE HELP OF THIS SITE:

 

1. Littlewoods Catalouge - No pursual of debt & wrote off £4500

2. Three mobile - Debt written off in full, all adverse entries including default removed from credit files, even got an apology from the Chairmans office

3. HSBC Bank - Partial refund for bank charges & claim lodged at court for outstanding charges.

4. HFC Bank - Ongoing - SAR'd in may- Going to register at court for non compliance.

5. Barclaycard - Being very awkward but Ongoing - These are a tricky bunch but they will fold before I do.

 

GOD BLESS CONSUMER ACTION GROUP!

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  • 11 months later...

You sent out a SAR and they came back with a settlement figure equating to 25%?? Sorry i need to try this. Is there any particular reason why they gave you this figure? Does this happen often?

 

I've been trying in vain to find the SAR template but cannot find it anywhere. Even tried th elinks above but no luck. Can anyone point me in the right direction? Most appreciated!

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You sent out a SAR and they came back with a settlement figure equating to 25%?? Sorry i need to try this. Is there any particular reason why they gave you this figure? Does this happen often?

 

I've been trying in vain to find the SAR template but cannot find it anywhere. Even tried th elinks above but no luck. Can anyone point me in the right direction? Most appreciated!

 

http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

Have a look there

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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Blimey that was fast!! Big help thank you..

 

 

We aim to please :whoo:

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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