Jump to content


  • Tweets

  • Posts

    • what solicitor is the PAPLOC from? then just search xxxx snotty letter dx  
    • moved to the debt self help forum. plenty of like threads here to read along with the ones you've done so far..good work. last thing you ever want to do is look at any kind of IVO/BK or anything alike concerning consumer debt, never do that, turns unsecured debts into secured ones in many instances. your best bet for now is p'haps looks at  Options for dealing with your debts: Breathing Space (Debt Respite Scheme) - GOV.UK (www.gov.uk) sadly you have to go thru one of the free debt charities to invoke that but DON'T be tempted to also open up a DMP with them, just get the Breathing Space done. get that in place that gives you at leasy 60 days buffer you've also goto to realise you'll probably get a default once breathing space is in place, bit if not it might pay you to withhold payments even after BS then p'haps re start payments once a DN for each debt is issued and registered. at least that way, whatever happens in 6yrs the debt will drop off dx  
    • Hello, I am a private seller and recently sold a pair of trainers on eBay.  Everything seemed fine until just after the eBay 30 day mbg had expired.  The buyer contacted me with photos showing me that both shoes had ripped.  He wanted his money back, and after refusing to refund him, he then left me retaliatory and defamatory feedback on my profile to the effect that I had sold him fake trainers (this was removed by eBay).  He then initiated a chargeback via Paypal.  Invariably, the outcome was in his favour, and I have now been charged for the cost of the trainers.  I would have also been stung for the chargeback fee, but eBay refunded this.  Incidentally, I do have the email receipt of the trainers from when I bought them from a well-established and bona fide online retailer.  The susbequent conversation with eBay followed its predictable course, i.e. the chargeback is out of their hands etc. I have been in contact with citizens advice, and my bank.  Citizens advice told me that as a private seller I'm responsible for the "Title and description" of the goods, but not the performance, or the fitness for purpose.  To me it is clear; if you receive something that's not as described, you don't then use the goods, and more than 30 days later claim 'not as described'.  In my mind, this makes the claim fraudulent.  He's used the 'they're fake' card to give credence to a 'not as described' claim here, obviously, without any evidence.  My understanding is that the chargeback is unlawful, because the trainers were shipped as described.  However, I read something on an eBay forum regarding sellers having no statutory rights, i.e. no right to appeal against a chargeback decision, or to complain to the financial ombudsman.  Does this mean that if my bank disputes the charge on my behalf, it will be to no avail, even if it's recognisably a fraudulent chargeback?  I have reported it via the Action fraud website. Any advice, anyone?  Would be most grateful!
    • Thank you, I have drafted my letters and started to complete the reply form, printed from this site and not using the one they provided.    2 questions, on the forum link it says to tick box D & I, the reason for box D will be given on my thread, what would my answer be to "I dispute the debt"?  Do I send anything for the Vodafone debt they have included?  I've only done 118 loan s. 77 & capital one credit cards so. 78    Thank you  
  • 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

HFO Capital


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4852 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

  • Replies 167
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

yes arrow that's the one mate, just filled that one in, now I photocopy and send original to Turnbull and rutherford then wait for the court to ask for my defence yes?

Was there a pre paid envelope in the pack, to return the form ?

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

lol duh I am so thick sorry mate, send to the courts and then wait for them to ask for my defence yes?

 

You will need to send your defence to the court within the 28 days it was served to you.

they will not ask for it

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

no - cheapskates

 

did not know as mine was done online, scan your forms and attach to an email, I will check over for you.

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

did not know as mine was done online, scan your forms and attach to an email, I will check over for you.

 

 

which forms do you need to look at? and how can you tell I've filled it in correctly on a scan mate? because I can't leave any personal details on it

Link to post
Share on other sites

You will need to send your defence to the court within the 28 days it was served to you.

they will not ask for it

 

 

so once I have sent the acknowledgement, CPR and SAR away, I can then wait for turnbull to get back to me with the CPR info, then you guys here will help me write out my defence?

Link to post
Share on other sites

As mythological and fabled CAGGER called DonkeyB once said that when dealing with HFO you need a "belts and braces approach". I've never forgotten it.

 

We'll help with your defence. Stop panicking. Acknowledgement was done today I take it? So on the 1st Sep hope to have a reply from TR/HFO regarding your Part 18 request. If not, we file something called an embarrassed defence which looks like this:

 

1. I, [insert full name & address], am the defendant in this action and make the following statement as a defence to the claim made by [insert Claimant’s name]

 

2. Except where otherwise mentioned in this defence, I neither admit nor deny any allegation made in the Claimant’s Particulars of Claim and put the Claimant to strict proof thereof.

 

3. The Defendant notes that the Claimants' claim is not fully particularised and offers no cause for action and is thus eligible for a strike out under CPR 3.4.2 (a).

 

4. The Claimant as failed to disclose appropriate documentation to support the Particulars of Claim, requested under CPR 31.14 and CPR 18, which leaves the Defendant at a disadvantage and unable to plead effectively or at all. The Defendant is embarrassed in pleading to the Claim as it stands.

 

5. The Defendant denies that they are indebted to the Claimant for the sum of [insert claim sum] and puts the Claimant to strict proof of this sum.

 

6. As the Claimant has not provided proof of the debt or the sums claimed the Defendant denies the Claimants claim for interest pursuant to s.69 of the County Court Act 1984.

 

AND the Defendant;

 

7. Seeks an order that the Claimant’s action is struck out under CPR 3.4.2 (a), or otherwise dismissed, on the grounds that any claim cannot succeed and that the Claimant do pay the Defendant’s costs incurred in defending this action.

 

Here's a little on s.61 too...

 

s.61 (a) and 61(b)

 

(a) says the agreement must contain the prescribed terms (b) says its must also embody all the terms

 

(a) & (b) are linked by the word "and" meaning the agreement must do both.

 

Lots of DCAs quote s.189(4) which says the agreement embodies any terms if they are referred to in another document and use this to say that includes the prescribed terms

 

However Goode explains what these two paragraphs mean and case law backs that up.

 

SI 1983/1557 sets out the order so these must be part of the signature document and the amendments in 2004 says they must come before the signature.

Link to post
Share on other sites

Hi aston and welcome to CAG.

 

As you may have gathered, there is a little HFO fan club made up of people who have sufferred over the years from HFO and T&R. If you are unsure of anything, please ask. One of us will answer.

 

Once you have sent the acknowledgement of Service back to Wandsworth County Court, you have some time to prepare a defence. We will be able to help. Just make sure you have access to clean white A4 paper and a good printer. Sounds daft I know, but a well prepared defence document picks up a few marks for nothing - just like my teacher always said about exam papers!

Arrow Global/MBNA - Discontinued and paid costs

HFO/Morgan Stanley (Barclays) - Discontinued and paid costs

HSBC - Discontinued and paid costs

Nationwide - Ran for cover of stay pending OFT case 3 yrs ago

RBS/Mint - Nothing for 4 yrs after S78 request

Link to post
Share on other sites

arrow/vjohn/docman, thanks so much guys, you have given me a little bit of hope. I really haven't slept since this dropped on the mat, and it's really starting to worry me. It's amazing how helpless you feel at times like this. I look at myself as a fairly tough old stick when life throws one of it's huge array of issues at me, but this has really taken the wind out of me and I don't mind admitting it. Sorry vjohn I was unable to get the acknowledgement sent off as I was unsure which bit to fill in and how many forms to send. I am clear on that part now thanks to Broken Arrow, bags of patience that guy, much appreciated!

 

I am going to print off, sign, photocopy all documents first thing tomorrow, and get them all sent off recorded delivery. I do not have a printer you see, but I have booked another day off work tomorrow (very understanding boss thankfully) and I am going to borrow one from the kids for the duration of this matter, they have an Epson flatbed all in one, should do the trick.

 

meantime, thanks so much for all of this help. Have you both had a chance to look at my document photos vjohn/docman? if so, what are your thoughts? particularly on the dates of purchase and date of HFO Capital Dublin's registration as a business, not to mention the conflicting NOA's?

Link to post
Share on other sites

which forms do you need to look at? and how can you tell I've filled it in correctly on a scan mate? because I can't leave any personal details on it

If you are OK, send them by email and I will double check " belt and braces"

Edited by broken arrow

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

one more thing Re: the part 18, still fuzzy on this 40 days to comply issue. Surely they can hold out and send it on day 39 and it'll be a case of 'horse already bolted' regarding the time I have to use that information if necessary? Do I have to put 40 days to comply? I suspect I do with this being a legally worded document?

Link to post
Share on other sites

one more thing Re: the part 18, still fuzzy on this 40 days to comply issue. Surely they can hold out and send it on day 39 and it'll be a case of 'horse already bolted' regarding the time I have to use that information if necessary? Do I have to put 40 days to comply? I suspect I do with this being a legally worded document?

 

40 days is for the SAR, CPR 18 you want asap upto 7 days.

as stated previous, you could put in the embarrassed defence and amend in the future, don,t worry you will be OK, this will not happen overnight

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

they are really worrying me, and before I came on here it had got to the stage where I had to write to them to hold action as I was going to apply for a DMP and they will be contacting them soon. That's when they hit me with the Claim, didn't even give me a reply to the hold action latter.

 

Incidentally vjohn, what defence did you beat them on? just curious to know other people's experiences with these people

Link to post
Share on other sites

Let's put it this way aston, your case is in better "defence" shape than mine was and I still beat HFO.

 

So be positive. Let them keep screwing up ;-)

 

Yep that all looks fine

If I can do it anyone can, here is that link to my thread, a long read but a happy ending http://www.consumeractiongroup.co.uk/forum/showthread.php?144119-HFO-court-claim-**WON**&highlight=

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

they are really worrying me, and before I came on here it had got to the stage where I had to write to them to hold action as I was going to apply for a DMP and they will be contacting them soon. That's when they hit me with the Claim, didn't even give me a reply to the hold action latter.

 

Incidentally vjohn, what defence did you beat them on? just curious to know other people's experiences with these people

 

What worries them is VJ

VJ,s was more of an attack than a defence

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

send to the court, T&R will bin anything you send them also you desperately need a tape recorder to tape all messages and conversations with both HFO and Barclaycard..the BC one is important as proven by VJ....so get a recorder..

patrickq1

Link to post
Share on other sites

need to nail T&R for passing off as another company, MS have not admitted to acceptance of these letter's wher'as Barclaycard/barclays certainly do object to this happening...

ime still awaiting goldfish to come back to me as ive refused the offer off removing all the HFO defaults and clearing the debt, i have told them no thanks aint intrested in that sort of settlement i wanna see the fatman in court...they can answer to the abusive phone calls and all the harrassment so NO THANKS TO ANY OFFER this has gone beyond princple

patrickq1

Link to post
Share on other sites

need to nail T&R for passing off as another company, MS have not admitted to acceptance of these letter's wher'as Barclaycard/barclays certainly do object to this happening...

ime still awaiting goldfish to come back to me as ive refused the offer off removing all the HFO defaults and clearing the debt, i have told them no thanks aint intrested in that sort of settlement i wanna see the fatman in court...they can answer to the abusive phone calls and all the harrassment so NO THANKS TO ANY OFFER this has gone beyond princple

patrickq1

 

If you do take him to court patrick and you get a CCJ, you apply for a charging order and send him a photo of his property, its on google streetview, I did notice there was a lot of places to eat nearby.......

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

It was nearly a riot.

 

I'm wondering if CP2 will rear it's ugly head again; what do you reckon BA?

 

what next R2D2, Darth all these star wars characters

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

If you do take him to court patrick and you get a CCJ, you apply for a charging order and send him a photo of his property, its on google streetview, I did notice there was a lot of places to eat nearby.......

 

Gotta keep Kuhlershaka and Darth Nelson happy!

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...