Jump to content


  • Tweets

  • Posts

    • I have just read the smaller print on their signs. It says that you can pay at the end of your parking session. given that you have ten minutes grace period the 35 seconds could easily have been taken up with walking back to your car, switching on the engine and then driving out. Even in my younger days when I used to regularly exceed speed limits, I doubt I could have done that in 35 seconds even when I  had a TR5.
    • Makers of insect-based animal feed hope to be able to compete with soybeans on price.View the full article
    • Thank you for posting up the results from the sar. The PCN is not compliant with the Protection of Freedoms Act 2012 Schedule 4. Under Section 9 [2][a] they are supposed to specify the parking time. the photographs show your car in motion both entering and leaving the car park thus not parking. If you have to do a Witness Statement later should they finally take you to Court you will have to continue to state that even though you stayed there for several hours in a small car park and the difference between the ANPR times and the actual parking period may only be a matter of a few minutes  nevertheless the CEL have failed to comply with the Act by failing to specify the parking period. However it looks as if your appeal revealed you were the driver the deficient PCN will not help you as the driver. I suspect that it may have been an appeal from the pub that meant that CEL offered you partly a way out  by allowing you to claim you had made an error in registering your vehicle reg. number . This enabled them to reduce the charge to £20 despite them acknowledging that you hadn't registered at all. We have not seen the signs in the car park yet so we do not what is said on them and all the signs say the same thing. It would be unusual for a pub to have  a Permit Holders Only sign which may discourage casual motorists from stopping there. But if that is the sign then as it prohibits any one who doesn't have a permit, then it cannot form a contract with motorists though it may depend on how the signs are worded.
    • Defence and Counterclaim Claim number XXX Claimant Civil Enforcement Limited Defendant XXXXXXXXXXXXX   How much of the claim do you dispute? I dispute the full amount claimed as shown on the claim form.   Do you dispute this claim because you have already paid it? No, for other reasons.   Defence 1. The Defendant is the recorded keeper of XXXXXXX  2. It is denied that the Defendant entered into a contract with the Claimant. 3. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was simply contracted by the landowner to provide car-park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner. Accordingly, it is denied that the Claimant has authority to bring this claim. 4. In any case it is denied that the Defendant broke the terms of a contract with the Claimant. 5. The Claimant is attempting double recovery by adding an additional sum not included in the original offer. 6. In a further abuse of the legal process the Claimant is claiming £50 legal representative's costs, even though they have no legal representative. 7. The Particulars of Claim is denied in its entirety. It is denied that the Claimant is entitled to the relief claimed or any relief at all. Signed I am the Defendant - I believe that the facts stated in this form are true XXXXXXXXXXX 01/05/2024   Defendant's date of birth XXXXXXXXXX   Address to which notices about this claim can be sent to you  
    • pop up on the bulk court website detailed on the claimform. [if it is not working return after the w/end or the next day if week time] . When you select ‘Register’, you will be taken to a screen titled ‘Sign in using Government Gateway’.  Choose ‘Create sign in details’ to register for the first time.  You will be asked to provide your name, email address, set a password and a memorable recovery word. You will be emailed your Government Gateway 12-digit User ID.  You should make a note of your memorable word, or password as these are not included in the email.<<**IMPORTANT**  then log in to the bulk court Website .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform . defend all leave jurisdiction unticked  you DO NOT file a defence at this time [BUT you MUST file a defence regardless by day 33 ] click thru to the end confirm and exit the website .get a CPR 31:14 request running to the solicitors https://www.consumeractiongroup.co.uk/forum/showthread.php?486334-CPR-31.14-Request-to-use-on-receipt-of-a-PPC-(-Private-Land-Parking-Court-Claim type your name ONLY no need to sign anything .you DO NOT await the return of paperwork. you MUST file a defence regardless by day 33 from the date on the claimform.
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

old Barclaycard debt - HFO Services & a charging order


inacorner
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4626 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi follks I'm new one the site and need some urgent help. I arranged a debt management plan myself and it is being accepted by all but Hfo. Debts arise from a seperation a few years back and I know I've made mistakes (the separation was very stressful )but Hfo took out a charging order in 2006 - I have constantantly tried to make offer of payment providing financial statements but they (turnbull rutherford solicitors) wont listen. I discovered that they continue to charge interest at 12% and this has almost added 50% to the original debt.

 

I had all sorts of problems at the time of the order being made hfo denying receipt of paperwork not being passed on to the courts etc etc

 

They are now threatening further enforcement deductions from earnings - bailiffs and I'm at my wits end with worry. I did originally have an agreement with Barclaycard in place but they wont consider this either

 

Is there anything I can do to stop this either the excessive interest, the original order

 

Thanks for any help no matter how small

Link to post
Share on other sites

  • Replies 243
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Hi there, first things first is don't worry mate. We have all been there and this is by far the best place for you.

 

I might not be able to help fully but my thread on these might? I know how they are on the phone first hand. First thing is log everytime they call and if its excessive then it's harressment on their part. Always deal with them in writing.

 

Good luck with this and i'm sure more help will be along soon!:D

Link to post
Share on other sites

Anyone please??

 

Some other information, the charging order was placed as hfo stated that I'd never replied to the orignal claim on the debt, I did copying both to court and hfo. On the back of that judgment and that I obviously wasn't in a position to pay the £7k immediately they sought the charging order which was granted in January 2007.

 

I've never requested the original credit agreement or anything but now the order is in place is it too late to go down that route.

 

Interest is being added at a rate of 12% about £2.00 per day and that alone per month is about as much as I pay all my other creditors

 

What can I do even to just have the interest frozen

Link to post
Share on other sites

Assuming that HFO obtained a CCJ prior to the Charging Order then unfortunately there is no way that you can now choose the CCA route, however, if you can prove that you did not receive the original paperwork for the CCJ it 'might' be possible for you to apply to have the CCJ set aside. This is possible in theory, but because so much time has gone by it may well not be easy.

 

Assuming that the original CCJ order repayments have you been keeping up those payments, because if you have then the Charging Order should not have happened.

 

It would depend if the original agreement had a clause for interest to continue to be added after a Judgement.

 

Hopefully, if this is not the correct advice others will be along to help.

Link to post
Share on other sites

There was never a repayment order set in a ccj it was just set for the immediate repayment of the total outstanding, the courts and hfo deny ever having received my defence. I had a previous agreed arrangement wtih Barclaycard and kept up these payments with hfo services. In respect of the charging order my offer of repayment was struck out.

 

This action was immediately followed up with the charging order which does appear to allow interest to be charged but not clear on what % - there is no clause as such just a sentance about interest.

 

Other factors where that hfo continued to communicate to the address of the property against which the charging order is held but after the relationship breakdown I no longer lived there.

 

Can anyome suggest a course of action - should I contact Rutherfords or not?

Edited by inacorner
Link to post
Share on other sites

I'm intermittently online this week - but please can you provide as much info on the original account as possible? If set aside is to be a viable route - but I think it may be problematic - we have to establish all the facts first.

 

Can you also describe all your correspondence with HFO, from day one?

 

Who has the charging order - HFO Capital or HFO Services?

 

Who was the original creditor?

Link to post
Share on other sites

Easy bit first

 

Creditor was Barclaycard and order is HFO services (as far as I'm aware I'll confirm later)

 

Correspondence wise its more vague I'm afraid as I didnt necessarily keep copies or write everything down.

 

I'll put something together from what I can remember and what documentation I have kept.

Link to post
Share on other sites

OK. Can't CCA HFO, but you can send a SAR to Barclaycard. See the templates section for the basic letter, but also request specific additional information - to exactly whom and exactly when the account was sold. Request also any copies of default notices sent to you, with dates.

 

As you'll see from other threads, there's an outside chance that HFO weren't actually assigned the debt in the first place. Time to start digging!

 

The SAR will cost you £10, but it will be a great first step to see if we can do anything for you.

Link to post
Share on other sites

Hi Donkey, still nothing from HFO on my problems with them, lets hope it stays that way, over a year now since sending the statute barred letter.

 

These **** will lie and lie and lie so before and make sure everything is go writing. Thanks again Donkey for the help you given me.

Link to post
Share on other sites

Thanks for the help guys

 

I'm still digging out old stuff in relation to this and need to trawl a hard drive to find some of my letters to Hfo

 

Interestingly it looks like the orignal debt was sold on intially to a company called Credit Solutions in Surry before it went to HFO - could that make a difference

Link to post
Share on other sites

Hi Inacorner

 

HFO services had a charging order against me, I had the charging order and CCJ set aside as HFO Services was the wrong claimant, they were given the opportunity to re submit claim, but discontinued.

 

You need to SAR Barclaycard and find out who they sold the account to.

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

Link to post
Share on other sites

How should I deal with the latest letter fro Turnbull Rutherford in the interim - this requested a reply by return - ignore or respond do I make an offer for an amount I cant afford to have the interest stopped or just do nothing ?

 

I'll post more details tonight - cheers guys

Link to post
Share on other sites

as to charging orders have a read of this and see if it applies to yourself..you may find you dont have to pay anything to these people from any proceeds of house sale if that is what you decide to do

http://www.bllaw.co.uk/pdf/financeandrecoveries_0806_charging%20orders%20on%20property.pdf

 

 

Thanks for that - interesting reading but obviously I 'd rather try to sort this now - that said the property is in joint names and if I've understood it correctly then it sounds a way around it. My property is jointly owned and the debt soley in my name (yes I was stupid).

 

My only issue is that its the responsibility of the buyers solicitors to agree and to do the letter to the creditor after the sale and isnt there a risk that this would either complicate a potential sale or that the intention to puchase would get back to the creditor somehow??

 

If I new it could be done successfully then I'd certainly go that way - I could then apportion my sales proceeds more fairly to other creditors and potentially get discounted settlements from all including HFO.

 

If I did this and they didnt freeze the sale proceeds as the article suggests what other course of action could they potentially take to seek recovery of the debt??

Link to post
Share on other sites

Heres the additional information well what I can find

Please also let me know how to deal with latest letter from Turnbull Rutherford

Should I get the SAR and if so how ?

Thanks again

Barclaycard original debt £6,100 (2004) Charging order £8,089 (2006) Current demand £11,426

Correspondence details (a bit sketchy but all I can find)

Aug 04 I advised Barclaycard of financial difficulties

Various correspondence back and forth (Barclaycard) including repayment offers / financial statement up to October 04 agreement reached for £9.00 per month

March 05 Formal demand from Credit Solutions

Aug 05 I revised financial statement sent to Barclaycard

March 06 unsigned letter received stating interest was suspended (I cant find this letter)

Mar 06I wrote to HFo acknowledging their letter and suspension of interest

May 06 letter from Hfo stating I’d ignored correspondence to which I replied on 21st

July 06 1st letter from Turnbull Rutherford notifying me of intended actions

July 06 I wrote back detailing inaccuracy in their letter stating I had an arrangement with Barclaycard

Aug 06 I respond to claim copying to both HfO and the court

Oct 06 Court order for immediate repayment of £8,089 stating I did not respond to the claim form

Oct 06 I wrote to court explaining that I had replied and requesting variation to the order

Oct 06 I wrote to Turnbull Rutherford explaining the court forms were sent to Hfo and court their response stated hfo wouldn’t have known what to do with them they state their client intend to enforce order

Oct 06 Notice of charging order received from land registry

Nov 06 Interim Charging order received from Turnbull Rutherford

Dec 06 notice from court that the case re-listed for Jan 07 together with charging order application

Jan 07 I send defence and offer of repayment to court

Jan 07 Final charging order from court my offer of repayment struck out

Aug 09 letter from Turnbull Rutherford stating following judgement (20 months after the event) that interest still being added at a rate of 12% and balance now £8,019

Aug 09 I speak to them and follow up with statement and offer and copied letters Id sent in 2006 including one in which I acknowledge that the interest had been suspended (I can’t find their letter on this unfortunately)

May 10 Letter from Turbull Rutherford asking for settlement (£11,426) or agree repayment to freeze interest

May 10 Further letter threatening second enforcement – attachment of earnings, warrant of execution or order of sale (not sure if they can do this as in joint ownership)

Previously their indications are that they need 10% of balance per month to freeze interest

Link to post
Share on other sites

I have just received a charging order from hco **** for a debt for an old debt form about 5 years ago they said they have written to me which is a blatant lie the money was an old debt from marks and spencers I am now asking them to send me a copy of any credit agreement that i ahve signed with them they have added interest for years without contactinng me, now we know who marks and spencers deals with I wont be shopping there again watch this space

Link to post
Share on other sites

I have just received a charging order from hco **** for a debt for an old debt from:) about 5 years ago they said they have written to me which is a blatant lie the money was an old debt from marks and spencers I am now asking them to send me a copy of any credit agreement that i have signed with them they have added interest for years without contactinng me, now we know who marks and spencers deals with I wont be shopping there again watch this space

watch this space

Link to post
Share on other sites

inacorner..there is a large thread on this topic on moneysaver...have a look at the website there is a lot of people who have gone down this route and had no problem at all..hasnt delayed the sale or anything...i am a little concerned at the 12 percent interest..as if i remember correctly the creditor has to ask for interest to be paid and it is only given at 8 percent

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...