hfo

[Bazooka Boo]

Slow day in the orifice then?

[sillygirl1]

3 guests on thread at 5pm.... must nearly be hometime!

[Bazooka Boo]

Bedtime more like!

[broken arrow]

3 guests on thread at 5pm.... must nearly be hometime!

 

They can take the weekend off and have a lie in.........

Edited February 4, 2011 by broken arrow

[teaboy2]

1 guest may have been me. i have a habit of browsing the site and leaving tabs open regardless of whether am signed in or not. sorry

[vanessa82]

letter to be sent to welcome thanx to dad of holly

Edited February 5, 2011 by vanessa82

[dadofholly]

Vanessa have sent you a PM.

[vanessa82]

Hi

got a date for my set aside today for my set aside its in march, the court sent it through with whole details of some random persons case and order paperwork! maybe someone else got sent mine so efficient!!

[broken arrow]

Hi

got a date for my set aside today for my set aside its in march, the court sent it through with whole details of some random persons case and order paperwork! maybe someone else got sent mine so efficient!!

 

Good, I said these things move quite fast, will have a look at doing a draft defence in the near future.

Can you PM me the date of the set aside.

[dadofholly]

Hi

got a date for my set aside today for my set aside its in march, the court sent it through with whole details of some random persons case and order paperwork! maybe someone else got sent mine so efficient!!

 

Would keep copies as could be used as evidence that court process may have been the issue in you not getting your claim. - but you may also need to inform the court that you have recieved someone elses court papers.

 

Actually ignore the keeping copies - may not be legal as they not about you.

 

But you can make a note of the matter and use that i should imagine. But would send them back to the court including letter of explanation. A copy of the letter should be enough.

[Bazooka Boo]

got a date for my set aside today for my set aside its in march, the court sent it through with whole details of some random persons case and order paperwork! maybe someone else got sent mine so efficient!!

 

Inform the other person if you can, and make a direct complaint to the ICO about this breach of personal data, and of course the standard complaint to the OFT&TS via http://www.consumerdirect.gov.uk/contact

 

http://www.ico.gov.uk/complaints.aspx

[vanessa82]

hi received letter back from welcome in response to letter I sent them for information, they asked me to send payment for sar for £10 have sent this previously though, surely i dont need to send it again?

[dadofholly]

Was it a CPR 31.17 request you sent?

[vanessa82]

it was the letter before action one that doh wrote for me

[coledog]

That was in response to the SAR you sent? They are being particularly stupid. Did the letter refer to the SAR request and date sent?

 

If so, I would ring them and tell them that you have already paid for the SAR

[vanessa82]

it was letter sent because didnt recieve all info wanted from sar , will get back in contact and advise already paid for sar

[dadofholly]

it was letter sent because didnt recieve all info wanted from sar , will get back in contact and advise already paid for sar

 

Hi Vanessa.

 

The letter was a leter before action for a request made under CPR 31.17 for information from a third party in a court case. I would resend the letter and address it to their legal dept. Enclose a new letter informing them that this is not an SAR request and giving them a further 7 days (maximum) to repy.

 

Alternativley just issue the court claim - they have had the letter before action now - and charge Welcome the costs.

[vanessa82]

ok thank u will resend letter

Also had a letter put through my door saying a court officer had visited today as hadnt filled in the attachment of earnings . was told by the court that as a set aside hearing that all action would be suspended . is this right? surely they cant continue when i have the hearing. spoke to the officer and he is going to call me back tomorrow when back in the office

Edited February 22, 2011 by vanessa82

[DonkeyB]

Be proactive and call the court to ask why enforcement action is apparently being taken while there is a valid set-aside hearing due. Make sure you get the Wimbledon monkeys off your back until the hearing.

 

In the meantime, I think we need to look at some more CPR – maybe to the OP and also some CPR 18 to HFO.

[vanessa82]

hi

rang the court, as the officer didnt ring me and they said they had made a mistake, nothing further will happen until after the hearing,really want to make sure im prepared for this set aside. what cpr 18 should i send to hfo ?

[vjohn82]

I used this to send to Morgans solicitors recently... edit to suit your own needs:

Part 18 Request.doc

[broken arrow]

hi

rang the court, as the officer didnt ring me and they said they had made a mistake, nothing further will happen until after the hearing,really want to make sure im prepared for this set aside. what cpr 18 should i send to hfo ?

 

CPR 18 is a written request for further information.

[dadofholly]

Vanessa is this small claims?

 

If so you are restricted as to what CPR's you can use once proceedings have started.

 

Who are we suggesting the CPR18 request goes to and why?

[DonkeyB]

I was looking to ask questions that need answers which have a direct effect on their claim.

 

For example:

 

Did HFO send a notice of assignment to the defendant contemporaneously with the actual assignment?

 

Their answer: Yes. Follow up: Please send copies of this, and all subsequent letters. The good thing is that CPR 18 answers have to be accompanies by a statement of truth. If they start ‘recreating’ documents, we will get forensics in!

 

The alternative is to send an SAR to HFO and demand copies of ALL communications they have supposedly sent. We know they have not been in contact, so they will have a problem.

 

If they are truthful, they cannot backdate the interest and suddenly their claim is dodgy.

 

And so on...

[DonkeyB]

...and perhaps a question along the lines of:

 

Did HFO Capital Ltd have a valid consumer credit licence at the alleged date of sale, 6 February 2008?

 

It’s a killer question.