Jump to content


  • Tweets

  • Posts

    • Please see my comments on your post in red
    • Thanks for your reply, I have another 3 weeks before the notice ends. I'm also concerned because the property has detoriated since I've been here due to mould, damp and rusting (which I've never seen in a property before) rusty hinges and other damage to the front door caused by damp and mould, I'm concerned they could try and charge me for damages? As long as you've documented and reported this previously you'll have a right to challenge any costs. There was no inventory when I moved in, I also didn't have to pay a deposit. Do an inventory when you move out as proof of the property's condition as you leave it. I've also been told that if I leave before a possession order is given I would be deemed intentionally homeless, is this true? If you leave, yes. However, Your local council has a legal obligation to ensure you won't be left homeless as soon as you get the notice. As stated before, you don't have to leave when the notice expires if you haven't got somewhere else to go. Just keep paying your rent as normal. Your tenancy doesn't legally end until a possession warrant is executed against you or you leave and hand the keys back. My daughter doesn't live with me, I'd likely have medical priority as I have health issues and I'm on pip etc. Contact the council and make them aware then.      
    • extension? you mean enforcement. after 6yrs its very rare for a judge to allow enforcement. it wont have been sold on, just passed around the various differing trading names the claimant uses.    
    • You believe you have cast iron evidence. However, all they’d have to do to oppose a request for summary judgment is to say “we will be putting forward our own evidence and the evidence from both parties needs to be heard and assessed by a judge” : the bar for summary judgment is set quite high! You believe they don't have evidence but that on its own doesn't mean they wouldn't try! so, its a high risk strategy that leaves you on the hook for their costs if it doesn't work. Let the usual process play out.
    • Ok, I don't necessarily want to re-open my old thread but I've seen a number of such threads with regards to CCJ's and want to ask a fairly general consensus on the subject. My original CCJ is 7 years old now and has had 2/3 owners for the debt over the years since with varying level of contact.  Up to last summer they had attempted a charging order on a shared mortgage I'm named on which I defended that action and tried to negotiate with them to the point they withdrew the charging order application pending negotiations which we never came to an agreement over.  However, after a number of communication I heard nothing back since last Autumn barring an annual generic statement early this year despite multiple messages to them since at the time.  at a loss as to why the sudden loss of response from them. Then something came through from this site at random yesterday whilst out that I can't find now with regards to CCJ's to read over again.  Now here is the thing, I get how CCJ's don't expire as such, but I've been reading through threads and Google since this morning and a little confused.  CCJ's don't expire but can be effectively statute barred after 6 years (when in my case was just before I last heard of the creditor) if they are neither enforced in that time or they apply to the court within the 6 years of issue to extend the CCJ and that after 6 years they can't really without great difficulty or explanation apply for a CCJ extension after of the original CCJ?.  Is this actually correct as I've read various sources on Google and threads that suggest there is something to this?.
  • 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 
        • 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.......Why are they so horrid.


tracyd
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4813 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

Your name is still on the top and you may want to remove the amount as this would identify you as well, up to you.

My advice is given through personal experience and is given without prejudice

 

 

If I Have helped please feel free to click the star

:smile:

Link to post
Share on other sites

  • Replies 122
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Damn my laptop is slow today. Did you ever receive an origional NOA? If not request it from HFO, say you never received it. It will be interesting to see what the date it is

My advice is given through personal experience and is given without prejudice

 

 

If I Have helped please feel free to click the star

:smile:

Link to post
Share on other sites

You have left the name of the person the letter is addressed to - and you can almost make out the account details etc.

 

If you can not edit it - ask a memebr of the site team to remove it from your post.

 

The letter is standard threatogram rubbish. They say the debt has been sold to HFO Capital - have they sent you ANY other letters or information?

Link to post
Share on other sites

Hi broken arrow. No CCJ. It was passed to their solictiors Turnbull Rutherford back in Sept 2008. They threatend a charging order then. The debt has now gone from £4379 to £7626.

 

You need to investigate how/why there's been such a leap in the amount alleged to be outstanding on this. I very much doubt they'd take you to court because you've been making regular payments so going to court won't acheve anything.... Under the circumstances, I would send a fresh CCA request, so we can see what exactly they have got as of now.... and also the Statement of Account they're obliged to return with it.

 

Your name is still on the top and you may want to remove the amount as this would identify you as well, up to you.

 

Agreed.... delete the contents of the post if it's easier :-)

Link to post
Share on other sites

Oh Im sorry but I really cant remember. I have the copy of the CCA sent from Morgan Stanley here. I had thought I had done all I can but I have had many other battles to fight and its now been 4 years as I stated the ball rollidng back in 2007.

I also do not have an original NOA just a reminder

 

That is fine - don't worry. Did you sent a CCA to HFO and what was their response?

Please support CAG and they will support you.

donate

Link to post
Share on other sites

Your in the hands of the HFO fan club now. We know how they operate and all of their tricks and between us we have seen them off on countless occassions.

My advice is given through personal experience and is given without prejudice

 

 

If I Have helped please feel free to click the star

:smile:

Link to post
Share on other sites

Looking back over the paperwork I sent a SAR and CCA in Feb 2007. I have attached what I received from them. Many letters passed between myself and a Karla Kenny. Customer Liason Team Manager. I seem to remember her name was mentioned on the forum quiet a lot. What I got back from them was no more than the application form so I sent off this letter

Thank you for your reply to my request under Section 78 of the CCA 1974.

 

Under the Consumer Credit Act, you will be aware that a credit agreement is unenforceable unless both the debtor and the creditor sign it.

 

The copy of the document you have sent me is the application form, which shows my signature alone. Therefore this is not acceptable as a Credit Agreement.

 

Currently, you are in default of my request dated 7th February 2007 under sections 77(1) and 78(1) of the Consumer Credit Act 1974.

 

Unless you can provide a credit agreement signed by the debtor and creditor then this account remains in dispute and unenforceable until the dispute is rectified.

 

Please be aware that as of the 21st March 2007, if you have not fulfilled my request you will have committed a criminal offence under the CCA 1974.

 

I look forward to receiving the above.

 

Yours Faithfully

 

She sent one back stating that The CC Regulations 1983 stated that an agreement suppiled should be a true copy Regulation 3(2) states that a copy may omit certain information such as the signature box and signatures and date.

 

It was then passed to Credit Solutions, then HFO and thats when the harrassment started. I dont know why I arranged a payment plan but I do not have hardly any paperwork from HFO certainly no NOA. It was then passed to Turnbull Rutherford. The orginal debt as of 18th April 2007 was £ 4332.41. When Turnbull wrote to me in Sept 2007 it was £6909.72 and as of today it stands at £7630.28. Thats £3297.87 in interest in guessing..

 

Im grateful for any advise. Should I CCA HFO and see what they have for starters.

Thank you.:-) Im trying not to worry but thats prob why I am writing this post at 02.50am.

Edited by tracyd
personal details visible
Link to post
Share on other sites

I can still read all the details under the marker!

 

They can't take you to court and win on the strength of just that. This fails to be an enforcable agreement, no credit limit, no APR, no T&C's. They should not be able to gain judgement against you.

My advice is given through personal experience and is given without prejudice

 

 

If I Have helped please feel free to click the star

:smile:

Link to post
Share on other sites

That is an application form and I don't think it can be seen as anything else. It is not a credit agreement. There are no Terms and Conditions so how can HFO charge interest and hold you to T&Cs you never agreed to? Recent court cases are seriously challenging attempts by DCs to bring cases with this type of documentation and it certainly does not meet a CCA request.

 

I would suggest you send a CCA request to HFO urgently and get this account in dispute. That should keep them quiet.

 

Are you still paying them? I would be careful of the means you use to pay them if this involved them having your bank or card details and I would stop this until you get the full information. If you must pay, use Standing Order or direct payment by internet only.

 

CCA Request

CCA letter to send with a £1 postal order by recorded delivery, do not sign. They have 12 plus 2 working days to reply. If nothing valid is received you can send a letter to put the account in dispute and this should stop them contacting you.

http://www.consumeractiongroup.co.uk/forum/content.php?414-CCA-request-letter

Account in Dispute letter

http://www.consumeractiongroup.co.uk/forum/content.php?436-Failure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale

Please support CAG and they will support you.

donate

Link to post
Share on other sites

Or you could send a letter along the lines of

 

Address

 

Date

 

Dear sir/madam

 

On the Date of /2/07 a request under the Consumer Credit Act section 78 was sent to Morgan Stanley .

In response they sent and confirmed a true copy of the original agreement executed by themselveselves on the XXXXX.

 

As you must realise this agreement does not conform to sections 60(1) and 61(1) of the Consumer Credit Act 1974 and would therefore only be enforceable by a court under s65. However, the absence of any prescribed terms, APR or credit limit means that a court would be prevented from enforcing it under s127(3).

 

I am granting to you a further 21 days to produce a copy of an executable agreement. After that I will consider that the above account is closed and that you will no longer pursue the alleged debt.

 

After this period you should close the file and cease processing personal datalink3.gif relating to me on this matter.

 

Yours faithfully

My advice is given through personal experience and is given without prejudice

 

 

If I Have helped please feel free to click the star

:smile:

Link to post
Share on other sites

Hi Formister.

Thank you for your reply. I didnt realise you could still see details. The scanned copy I put up did not show all the details on the application form. When I scanned it has cut off what Im thinking could be terms and conditions. It has info on

Financial Related Condidtions, Credit Limit, Credit Charges, Payments and Interest Charging and a box stating The CCA 1974 covers this agreement and lays down certain requirements etc, etc.

IM sorry but I hadnt realised it had cut them off. Should I scan them up for you to see.

Plus I will get the letter off first thing tomorrow. I pay the £20 per month by standing order.

Thank you for your help. I just feel a little silly for not realising I had left details visible and possible T&C off.

Regards

Tracyd

 

Just seen reply from Coledog....so the CCA route to HFO would be the best thing to start with??

Edited by tracyd
info added
Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...