old Barclaycard debt - HFO Services & a charging order

[Undercover-Elsa]

Removal of CCJ's - Valid reasons to have your judgements set aside

 

National Debtline England & Wales | Debt Advice | Factsheet 12 How To Set Aside A Judgment In The County Court

 

Hi Inacorner,

Most of the info you'll need on the set aside can be found above.

 

Yes write back and say you have spoken to the ICO and they have advised you to inform them that as they have been corresponding with you on private personal matters for some time, indeed delivering legal documents to that address, then refusal to comply will put them in breach. Remind them of the deadline and inform them that an immediate complaint will follow failure to comply, and that if their unnecessary delays prejudice you in current legal action relevant to the request you will claim substantial damages.

 

It is highly unlikely that they would get an order for sale in your circumstances, but we still need to get that CCJ set aside.

 

Keep your chin up!

 

Elsa xx

Edited July 17, 2010 by Undercover-Elsa

[inacorner]

cheers - I'll take a look

[inacorner]

I've got the form but a few things arent clear

 

Do I just state judeg to hear the case or District?

 

Is my reason that the court never received the papers for initial ccj (the did for the charging order) or that the judgement is wrong in that the claimant shouldnt be HFO as Roxburghe bought the debt is that a suitable reason also what about the time delay - or is it ok to say that this fact has only just been brought to my attention

 

Guess I need a witness statement or do I just use the box on the form

 

Am I asking for the charging order and or CCj to be set aside or both -

aaaume its the later

 

also can I claim my costs back

 

cheers

 

cheers

Edited July 20, 2010 by inacorner

[inacorner]

anyone - also seen on app form that there is a form for a witness statement do I need to use it or just draft my own assuming I need to provide the WS

 

would really appreciate some pointers on completing this around legal aspects and any act that I should refer too

 

also had another letter from TR today they still say they wont comply with the SAR unless I provide ID they say its a reasonable request telling me to file a complaint now rather than wait to deadline (sounds like a sneaky move as Id assume the complaint would be ignored as I'd not given them appropriate time to respond)

 

they also now state that unless I comply with their request to supply ID within 7 days then they will assume I'm not prepared to co-operate and will commence further legal action.

 

help please as I dont seem to be getting anywhere with it and its getting me down - I know I need the set aside but as mentioned need help with application - not the detail just pointers will do

 

anyone please?

[vjohn82]

they also now state that unless I comply with their request to supply ID within 7 days then they will assume I'm not prepared to co-operate and will commence further legal action.

 

OFT Debt Collection Guidance

 

Deceptive and/or unfair methods

2.8

 

j. requiring an individual to supply information to prove they are not the

debtor in question, for example, driving licences, passports, full name,

date of birth, signatures

 

There's a start although if you could photocopy your driving licence this might speed things up. There's nothing that they can do with the info anyway so it all depends on what you want to achieve and how quick.

[broken arrow]

I will email you the WS I used to give you an idea, the important bit is to back it up with hard evidence ie letters from Barclaycard and signed rubbish from themselves, that really makes them look silly in court ( can,t beleive I am using words silly when discussing these people, but have been told off to many times for saying what I really think, which is the thruth).

 

BA

[broken arrow]

you have email

[inacorner]

cheers guys

[inacorner]

you have email

 

not recieved as yet !!

[patrickq1]

EUROPA - Press Releases - Data protection: Commission requests UK to strengthen powers of national data protection authority, as required by EU law

 

just to let you all know the ICO will now at the end of august have more teeth to act in a proper and fit manner instead of being hogtied to rules and regs

 

i see T R AND HFOhell are obviscating as usual..

[patrickq1]

so perhaps we can now put in the complaints that HFO have been passing DATA to an unregistered company in INDIA CAMEN ILSES AND ROI...also more complaints are needed about this business to the OFT as they are considering his licence to trade

[inacorner]

I've got the form but a few things arent clear

 

Do I just state judeg to hear the case or District?

 

Is my reason that the court never received the papers for initial ccj (the did for the charging order) or that the judgement is wrong in that the claimant shouldnt be HFO as Roxburghe bought the debt is that a suitable reason also what about the time delay - or is it ok to say that this fact has only just been brought to my attention

 

Guess I need a witness statement or do I just use the box on the form

 

Am I asking for the charging order and or CCj to be set aside or both -

aaaume its the later

 

 

 

also can I claim my costs back

 

cheers

 

cheers

 

Can anyone clarify the above points please

[broken arrow]

Can anyone clarify the above points please

 

Some answers to your questions

 

8. What level of Judge, just leave blank

 

main reason wrong claimant, back up with any other stuff

 

I would do a separate WS, I have tried to email you twice ?

Ask for both, although once CCJ is set aside this will automatically set aside CCJ

 

Yes you can claim back costs if you win.

Edited July 25, 2010 by broken arrow

[inacorner]

Thanks I've now got your e-mail had some filtering problems now sorted.

 

Do I need to mention costs in the application or just in court?

 

Cheers

[broken arrow]

Thanks I've now got your e-mail had some filtering problems now sorted.

 

Do I need to mention costs in the application or just in court?

 

Cheers

 

You can put costs in your WS

 

When you have done yours, email back

 

If I knew then what I know now, my WS would have been a lot better.

 

They will respond to yours near the court date, they are normally a bit naughty and you receive it the day before, this pi$$3d off the judge at my hearing

[inacorner]

sorry guys but I've been ill for a couple of weeks and not progressed the set asisde - but now had a letter from TR saying that if I report them to the information officer they can add their legal costs to my debt?

 

surely this cant be true?

 

help please

[patrickq1]

you need to report this especially if its in writing, this is a threat to your judicial rights and not to be treated lightly

so first suppy a copy of your complaint to the FOS and FSO, the FSO i spoke with this morning neary fell through the floor when i explained my report to them and i have refused the offer they were making being it to clear all defaults and remove all evidence of any debt....No thanks i want to see this in court and then i can bring experian into the frame for not using due dilligence and for damages it is at this moment in time costing my wife over 100.00 per month this we have writtten proof of from our bank the halifax.. so you need to report HFO as a matter of urgencey ring them and ask to speak with Jannette Murry 0845 080 1800 or fax 020 7964 1001...

Ba has already advised so if you have done your witnes statement you need to show it to BA and he will advise

patrickq1

it is in your intrest to do this

[vjohn82]

sorry guys but I've been ill for a couple of weeks and not progressed the set asisde - but now had a letter from TR saying that if I report them to the information officer they can add their legal costs to my debt?

 

surely this cant be true?

 

help please

 

Can you post this letter up?

[inacorner]

Just re reading the letter they say their client reserves the right to add the legal cost of dealing with the Information Commissioner to the debt I already owe.

 

They now appear to be stating that my not fully completing their questionairre in respect of my SAR request to them is also why I've had no reply from HFO either.

 

I made SAR requests to Barclaycard, HFO and Turnbull Rutherford. Barclaycard replied HFO havent and TR have constantly stated they wont until I comply with their requests regarding my ID. Surely I am entitled replies from both HFO and TR independantly.

 

I have got this issue over costs in writing and will post up tomorrow

[vjohn82]

I really need to see the letter to be able to advise on it.

[patrickq1]

sooner we see it the better i cant wait to see this lol

[patrickq1]

use photo bucket and you can enlarge it on their

http://photobucket.com/

[patrickq1]

you need to report HFO as a matter of urgencey ring them and ask to speak with Jannette Murry 0845 080 1800 or fax 020 7964 1001...

or e mail her complaint.info@financial-ombudsman.org.uk

send a copy of the document to her ok

patrickq1

if the call is too expensive tell them they will ring you back

[broken arrow]

Above image click on share

Then click on get link code

Then click on either full size or clickable thumbnail, IMG for forums, click over the code will highlight then copy and paste on forum.

[broken arrow]

Just like that

http://i344.photobucket.com/albums/p350/brokenarrow_08/Discontinuance.jpg