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    • Thanks Dx. I have tidied the defence up with your suggestions amended. Does it look right now? Thanks!   1.    Monies due under current account facility xxxxxxxxxxxx. The claimants claim is for the balance outstanding under the facility provided by Halifax to the defendant. It was a term of the bank account that any debit balance would be repayable by the defendant in full on demand.   2.    The defendant has failed to repay the amount due following the service of a demand.   3.    The debt was assigned to the claimant.   4.    The claimant therefore claims 1. 5k 2. costs   Defence   1. The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.     2. The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.    3. The Claimant’s Particulars of Claim fail to state when the agreement was entered into.   4. Paragraph 1, Whilst I accept that I have in the past held a current account with Halifax Bank Plc. I have not serviced this account since 08/07/2016 due to the punitive charges and interest being applied which made the account untenable and impossible to facilitate. The amount claimed is far in excess of any agreed overdraft limit with Halifax Bank. I deny that the account exceeded an agreed overdraft limit due to overdrawing of funds and claim that this is a result of unfair and extortionate bank charges/penalties being applied to the account. It is therefore denied that I am indebted for any alleged outstanding residue.    5. Paragraph 2 is denied as the original creditor has failed to serve a Notice served under 76(1) and 98(1) of the CCA1974 Demand / Recall Notice and the Claimant is put to strict proof to evidence any breach.    6. Paragraph 2 is further denied as i am unaware of Halifax Bank ever providing me with a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand / Recall Notice and Notice of Assignment.   7. Paragraph 3 is denied. I am not aware or ever receiving any Notice of Assignment pursuant to the Law of Property Act 1925. It is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974. The Claimant has yet to provide a copy of the Notice of Assignment its claim relies upon.   8. Paragraph 4 is denied. I refute the claimants claim is owed or payable. The amount claimed is comprised of amongst others default penalties/charges levied on the account for alleged late, missed or over limit payments. The court will be aware that these charge types and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbeyicon National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety.   9. As per Civil Procedure icon Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. The claimant is also put to strict proof to:-.     a. Provide a copy agreement/facility arrangement along with the Terms and conditions at inception, which this claim is based on. b. Provide a breakdown of their excessive charging/fees levied to the account with justification. c. Show how the Claimant has reached the amount claimed. d. Show how the Claimant has the legal right, either under statute or equity to issue a claim. (f) Show how they have complied with sections III & IV of Practice Direction - Pre-action Conduct.   e. Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment.   10. On receipt of this claim I immediately requested documentation by way of a CPR 31.14 request, which was received by the Claimant on the *******. The Claimant has failed to comply with this request. Therefore the claimant in their non compliance to my requests have frustrated my attempts to clarify their claim and against pre action protocol should be considered when the question of costs arise.     11. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.    
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    • Thanks Dx. Amended defence set out below. Does it look right now?   1. By agreement between the defendant and Halifax on or around the 3/3/2015 (the agreement) Halifax agreed to loan the defendant monies.     2.The defendant did not pay instalments as they fell due.     3.The agreement was terminated following a service of a default notice.     4.The agreement was assigned to the claimant.     5.The claimant therefore claims 1. 4.5k 2. Costs    Defence   1. The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.     2. The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017. It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.     3. Paragraph 1 is denied. It is accepted that I have had financial dealings with Halifax in the past. However I do not recall entering into any financial agreement with Halifax on or around 03/03/2015 and have sought verification from the claimant who has not complied with my request for further information.     4. Paragraph 2 is denied. I am not aware of any payment terms for the stated agreement.     5. Paragraph 3 is denied. It is denied that Cabot Financial served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant. The Claimant is required to prove that the any Default notice relied upon complied with the requirements of s88(4A) Consumer Credit Act 1974 and that the notice was in the prescribed form as required by The Consumer Credit Enforcement Default and Termination Notice Regulations 1983.   6. Paragraph 4 is denied as I am unaware of any legal assignment or Notice of Assignment allegedly served by either the claimant or the original creditor.     7. It is therefore denied with regards to the Defendant owing any monies to the Claimant; the Claimant has failed to provide any evidence of credit agreement / assignment / balance / breach requested by CPR 31.14, and remains in default of my section 77 request, therefore the Claimant is put to strict proof to:   a. Show how the Defendant has entered into an agreement; and   b. Show how the Defendant has reached the amount claimed for; and   c. Show how the Claimant has the legal right, either under statute or equity to issue a claim     8. On receipt of this claim I requested by way of Royal Mail on 13/10/20 a CPR 31.14 request from the claimant’s solicitors and a section 77 requests to the Claimant, for copies of the documents referred to within the Claimant’s particulars to establish what the claim is for. To date the Claimant has failed to comply with my section 77 request and their solicitors, Mortimer Clarke, have refused my CPR 31.14 request.     9. As per Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.     10. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82 A of the Consumer Credit Act 1974     11. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.  
    • I'm generally convinced that there is at least 2 users on MSE that's in my thread that has friends or family or even themselves that have similar line of work to MB or Gladstone.   I don't mind different opinions but they're just throwing out playground insults to me for using that letter saying I'm stupid, prat, idiot etc etc for doing it and not including in the letter without prejudice so it can't be used against me in court. I think I'll leave MSE and just stick with CAG and in this case.    
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    • I came across this discussion recently and just wanted to give my experience of A Shade Greener that may help others regarding their boiler finance agreement.
       
      We had a 10yr  finance contract for a boiler fitted July 2015.
       
      After a summer of discontent with ASG I discovered that if you have paid HALF the agreement or more you can legally return the boiler to them at no cost to yourself. I've just returned mine the feeling is liberating.
       
      It all started mid summer during lockdown when they refused to service our boiler because we didn't have a loft ladder or flooring installed despite the fact AS installed the boiler. and had previosuly serviced it without issue for 4yrs. After consulting with an independent installer I was informed that if this was the case then ASG had breached building regulations,  this was duly reported to Gas Safe to investigate and even then ASG refused to accept blame and repeatedly said it was my problem. Anyway Gas Safe found them in breach of building regs and a compromise was reached.
       
      A month later and ASG attended to service our boiler but in the process left the boiler unusuable as it kept losing pressure not to mention they had damaged the filling loop in the process which they said was my responsibilty not theres and would charge me to repair, so generous of them! Soon after reporting the fault I got a letter stating it was time we arranged a powerflush on our heating system which they make you do after 5 years even though there's nothing in the contract that states this. Coincidence?
       
      After a few heated exchanges with ASG (pardon the pun) I decided to pull the plug and cancel our agreement.
       
      The boiler was removed and replaced by a reputable installer,  and the old boiler was returned to ASG thus ending our contract with them. What's mad is I saved in excess of £1000 in the long run and got a new boiler with a brand new 12yr warranty. 
       
      You only have to look at TrustPilot to get an idea of what this company is like.
       
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    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
       
      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
       
      As a result he stopped paying and they have been unable to do anything, one even admitted it was unenforceable.
       
      If circumstances have got to the point where you are finding it unmanageable you must ask yourself why you feel the need to pay.  I guarantee you that these companies have built bad debt into their business model and no one over there is losing any sleep over your debt to them!  They will see you as a victim and cash cow and they will be reluctant to discuss final offers, only ways to keep you paying with threats of court action or seizing your assets if you have any.
       
      They are not your friends and you owe them no loyalty or moral duty, that must remain only for yourself and your family.
       
      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
       
      The money you are paying them should, as far as you are able, be put to a savings account for yourself and as a means of paying of one of these fleecers should they ever manage to get to to the point of a successful court judgement.  After six years they will not be able to start court action and that money will then become yours.
       
      They will of course pursue you for the funds and pass your file around various departments of their business and out to third parties.
       
      Your response is that you should treat it as a hobby.  I have numerous files of correspondence each faithfully organised showing the various letters from different DCA;s , solicitors etc with a mix of threats, inducements and offers.   It is like my stamp collection and I show it to anyone who is interested!
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The Dreaded H F O Services & Morgan Stanley Card 'debt'


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Hi All I recieved this today.......

 

Dear Mr W

 

Acct with OC xxxxx

Acct Num xxxxxx

HFO case no xxxxx

Amount Owing xxxxx

 

We have tried to contact you several times blah blah with the offer that HFO has for you in connection with your acct, Current Bal xxxxxxx.

 

We are reviewing your acct and preparing an in depth info dossier on your current financial situation, if you fail to get in touch then ' your dossier ' will be forwarded to our solicitors with the instruction ' Sue '

 

Our credit search shows that you have an active xxxx account upon your credit report, in this situation HFO have 3 options to choose from....

 

1...Initiate action against you to secure debt with a C O , you have made payments in the past and it is unlikely that you will be able to raise a credible defence to legal action.

 

2..Agree a settlement allowing you to pay a ' one time settlement ' amount...or...

 

3...Enter into a reasonable payment arrangement with you towards the full amount...

 

Additionally HFO could enforce its judgement by way of ' Warrant of execution ' whereas bailiffs will visit your home sieze goods and sell.

 

You can avoid escalation of this matter by calling me ASAP.....

 

.................................................................................................................................................

 

Within the paperwork is a load of bumpf regarding ' How To ' various forms ie...EX 325. LOC011. ????????.

 

So C'mon then guys who can do a nice reply to them from me.

 

Oh by the way this acc was cca'd but never complied with.

 

Mr W

Regards..Mr Worried :)

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The nonsense they spout is just incredible :lol:

 

Hi T

 

I know, they are shocking, I will report this to the relevant bodies? I want to phone them and have a go, but I know better.

 

Mr

Regards..Mr Worried :)

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Hi T

 

Your correct and no doubt I will, however there are some hellish letter writers on here. lets just wait a day or 2 and see who comes up with the goods.

 

Mr W

Regards..Mr Worried :)

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Hi Mr W

 

Who is the Original Creditor for this and how old is it? When you say you sent them a CCA request when was it, what did you receive and did you put the account in dispute by sending the relevant letter?

 

Have you ever received a Notice of Assignment and if so which company was this sold to?

 

HFO are nasty and you need to get as much information about this account as you can.

 

You need to complain about that letter to James Waldron at OFT

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Yes - HFO have to be treated with caution and also break alot of rules, allegedly

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Hi CD tHANKS FOR THE RESPONSE PLEASE SEE RED WRITING.

 

Hi Mr W

 

Who is the Original CreditorMorgan Stanley for this and how old is it? Last payment over 2 yr ago When you say you sent them a CCA request when was it, Nov 2009 what did you receive non compliance and did you put the account in dispute by sending the relevant letter?Yes

 

Have you ever received a Notice of Assignment and if so which company was this sold to? Not that I can remember HFO have just came on the scene.

 

HFO are nasty and you need to get as much information about this account as you can. Thats why I want to retaliate in the correct manner?

 

You need to complain about that letter to James Waldron at OFT

Regards..Mr Worried :)

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Was the CCA sent to HFO or someone else? When did HFO come on the scene?

 

Morgan Stanley is now administered by Barclaycard, I believe, so you will need to contact them for further information about this

 

How old is the actual account?

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Was the CCA sent to HFO or someone else? To Morgan Stanley When did HFO come on the scene? 3 Weeks ago, phone calls etc, threatograms

 

Morgan Stanley is now administered by Barclaycard, I believe, so you will need to contact them for further information about this I will just send them the various letters, think a prove it one to HFO?

 

How old is the actual account?

about 6 7 yr old

Regards..Mr Worried :)

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You can inform HFO that the account is already in dispute with MS, since date... enclose a copy of the original dispute letter you sent MS. There is a good letter for this in the library. You can add elements of the 'prove it' letter to this as you have received no notice of assignment. Also add a complaint about their harassment and threats contained in the letter which are against OFT guidelines.

 

I would suggest you ring Barclaycard and ask when and to whom this account was sold, number below. Get this confirmed in writing.

Barclaycard recoveries 0844 556 0066 (Barry Challinor is a good contact)

 

A complaint to OFT is a must

At your Service

 

Please Double click the Star and leave a message if I have helped you

 

Please support CAG and they will support you.

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Great CD

i SHALL DO THAT TOMMOROW AS i AM GOING OUT NOW.

 

cHEERS

 

mR w

You can inform HFO that the account is already in dispute with MS, since date... enclose a copy of the original dispute letter you sent MS. There is a good letter for this in the library. You can add elements of the 'prove it' letter to this as you have received no notice of assignment. Also add a complaint about their harassment and threats contained in the letter which are against OFT guidelines.

 

I would suggest you ring Barclaycard and ask when and to whom this account was sold, number below. Get this confirmed in writing.

Barclaycard recoveries 0844 556 0066 (Barry Challinor is a good contact)

 

A complaint to OFT is a must

Regards..Mr Worried :)

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OMG.... that has got to be one of the most childishly written threatograms that I've ever come across on these forums... :lol:

 

Is this close to being stat. barred by any chance? I quickly scanned the thread and saw it was quite an old account... when was the last payment/written acknowledgement made?

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I got one of those letters with a credit report, company credit report and photo of someone else's house attached. Presume the latter was where they were going to send the bailiffs, muppets.

 

Don't think this account is anywhere near SB which is odd

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Please Double click the Star and leave a message if I have helped you

 

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All too common unfortunetly from HFO, I think they must be a Jim Henson creation as their muppets

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

 

 

If I Have helped please feel free to click the star

:smile:

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Hi All I recieved this today.......

 

Dear Mr W

 

Acct with OC xxxxx

Acct Num xxxxxx

HFO case no xxxxx

Amount Owing xxxxx

 

We have tried to contact you several times blah blah with the offer that HFO has for you in connection with your acct, Current Bal xxxxxxx.

 

We are reviewing your acct and preparing an in depth info dossier on your current financial situation, if you fail to get in touch then ' your dossier ' will be forwarded to our solicitors with the instruction ' Sue ' Is it going to the FBI or something?... :lol:

 

Our credit search shows that you have an active xxxx account upon your credit report, in this situation HFO have 3 options to choose from.... I assume they're talking about a default.... so what?

 

1...Initiate action against you to secure debt with a C O , you have made payments in the past and it is unlikely that you will be able to raise a credible defence to legal action. What a pile of ballhooks..!! :lol: They can only take legal action if they have the account by Absolute Assignment and that doesn't mean they'll get a CO!! OMG!!.... what a tw*tish comment!!

 

2..Agree a settlement allowing you to pay a ' one time settlement ' amount...or... This is what they're after....

 

3...Enter into a reasonable payment arrangement with you towards the full amount... Mmmm "reasonable".... yeah right.....

 

Additionally HFO could enforce its judgement by way of ' Warrant of execution ' whereas bailiffs will visit your home sieze goods and sell. What Judgement?! :lol:

 

You can avoid escalation of this matter by calling me ASAP..... Oh bog off.... :lol:

 

.................................................................................................................................................

 

Within the paperwork is a load of bumpf regarding ' How To ' various forms ie...EX 325. LOC011. ????????.

 

So C'mon then guys who can do a nice reply to them from me.

 

Oh by the way this acc was cca'd but never complied with.

 

Mr W

 

I have a letter in my file somewhere that was sent to another DCA after they claimed to have powers of God Almighty.... I'll PM it to you if you prefer because of the issues you raised....

 

Let me know...

 

:-)

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about 6 7 yr old

 

Evening Mr. Worried,

 

This is about the same age as my Morgan Stanley. BC sent me a right old cut & paste botch in response to a CCA request. Westcotts / Nelson Guest are currently sending me threatograms, legal action threats etc. Previously I was a valued client of Moorcroft - told them to eff off.

 

You could respond to HFO and and advise them they have omitted option number 4 - foxtrot oscar!

You could also enclose an admin fee of £35 for dealing with their inane drivel. I sent one to Moorcroft and never heard from them again. I may be creating problems for myself in the future by doing this, particularly if it ended up in front of a judge, but I found being aggressive back to a moronic DCA gives me a great deal of pleasure!

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Points taken, but HFO are persistant little bleeders and tend not to back off. Mr W needs to get all the info on this. He has my permission to be very rude to them however

At your Service

 

Please Double click the Star and leave a message if I have helped you

 

Please support CAG and they will support you.

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Points taken, but HFO are persistant little bleeders and tend not to back off. Mr W needs to get all the info on this. He has my permission to be very rude to them however

I am happy to add my signature to that

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

 

 

If I Have helped please feel free to click the star

:smile:

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Hi To All

 

Thanks for the great responses, I shall sift through this lot again tommorow as my eyelids are begining to close.

 

PO will you pm that doc re my concerns.

 

Ta very much to you all.

 

Mr W

Regards..Mr Worried :)

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Hi To All

 

Thanks for the great responses, I shall sift through this lot again tommorow as my eyelids are begining to close.

 

PO will you pm that doc re my concerns.

 

Ta very much to you all.

 

Mr W

 

I'll send it you this evening.... :-)

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Done..!! Check your Inbox Mr. Worried..... :-)

 

Send by rec. delivery and see what happens. They may persist with some ramblings about Carey/McGuffick.... or they may just b*gger off.... but whatever happens, we'll deal with it.

 

:-)

Edited by PriorityOne
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Can you PM me that letter PO? - could be useful, will not divulge it.

 

Unfortuntately, HFO tend to not bog off that easily, I think they need some basic training in reading, riting and rithmatic, so Mr W must get some more information from BC about this account.

At your Service

 

Please Double click the Star and leave a message if I have helped you

 

Please support CAG and they will support you.

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Can you PM me that letter PO? - could be useful, will not divulge it.

 

Unfortuntately, HFO tend to not bog off that easily, I think they need some basic training in reading, riting and rithmatic, so Mr W must get some more information from BC about this account.

 

I'm happy to PM it to you Coledog.... but need Mr. Worried to be ok with it first, if that's ok with you.... :-)

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Thank u!

At your Service

 

Please Double click the Star and leave a message if I have helped you

 

Please support CAG and they will support you.

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