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    • If anybody has any advice here, it would be greatly appreciated, I already suffer with pre-existing disabilities & have struggled with this so far. 
    • so return of goods order etc etc read upload  scan pages to jpg, redact in mspaint. the convert to and merge to one mass PDF  read upload and use the online listed sites for all 3 stages. do you want to keep the car? i will guess this was a manual paper claimform direct from the co.court or was it org sent from salford bulk processing and has just got reaq ssigned?      
    • Speaking of the reformatory boys, here they are with all of their supporters, some of whom traveled with them from miles away, all carefully crammed together and photographed to look like there were more than about 80 .. rather like Farages last rally with even fewer people crammed around what looked like an ice cream van or mobile tea bar ... Although a number in the crowd apparently thought they were at a vintage car rally as they appeared to be chanting 'crank-her'. A vintage Bentley must be out of view.   Is this all there is? Its less than the Tory candidate. - shut up and smile while they get a camera angle that looks better
    • in order for us to help you we require the following information:- Which Court have you received the claim from ? Canterbury Name of the Claimant ? Moneybarn No 1   How many defendant's  joint or self ? One Date of issue –  29/05/24 Acknowledged by 14/06/24  Defence by 29/06/24  Particulars of Claim PARTICULARS OF CLAIM 1.  By a Conditional Sale Agreement in writing made on 25th August 2022. Between the Claimant and Defendant, the Claimant let to the Defendant on Conditional Sale. A Ford Ranger 3.2 TDCi (200 P S) 4x4 Wildtrack Double Cab Pickup 3200cc (Sep.2015) Registration No, ******* Chassis number ***************** (“The Vehicle”).  A copy of the agreement is attached  2.  The price of the goods was £15,995.00. The Initial Rental was £8500.00.  The total charge for credit was £3575.;17 And the balance of £11,070.17 was payable by 59 equal consecutive monthly instalments of £187 63. payable on the 25th of each month. 3.  The following were expressed conditions of the set agreement, Clause 8: Our Right to End this Agreement  8.1   Subject to sending you the notice as required by law, any of the following events will entitle us to end this Agreement: 8.1.2  You fail to pay the advance payment (if any) or any of the payments as specified on the front page of this agreement or any other sum payable under this Agreement. 8.1.3 If any of the information you have given us before entering into this Agreement or during the term of this Agreement was false 8.1.4 We consider, acting reasonably, that the goods may be in jeopardy or that our rights in the goods may otherwise be prejudiced. 8.1.5 If you die 8.1.6 If a bankruptcy petition is presented against you; if you petition for your own bankruptcy, or make a live arrangement with your creditors or call a meeting of them. 8. 1.7 If in Scotland, you become insolvent or sequestration or a receiver, judicial factor or trustee to be appointed over any of your estate, or effects or suffer an arrestment, charge attachment or other diligence to be issued or levied on any of your estate or effects or suffer any exercise, or threatened exercise of landlords hype hypothec 8.1.8 If you are a partnership, you are dissolved 8.1.9 If the goods are destroyed, lost, stolen and/or treated by the insurer as a total loss in response to an insurance claim. 8.1.10 If we reasonably believe any payment made to us in respect of this Agreement is a proceed of crime. 8.1.11 If steps are taken by us to terminate any other agreement which you have entered into with us. Clause 9.  Effect of Us Terminating Agreement 9.1 If this Agreement terminates under clause 8 the following will apply 9.1.1 Subject to the rights given to you by law, you will no longer be entitled to possession of the goods and must return them to us to an address as we may reasonably specify, (removing or commencing the removal of any cherished plates) together with a V5 registration certificate, both sets of keys and a service record book. If you are unable or unwilling to return the goods to us then we shall collect the goods and we'll charge you in accordance with clause 10.3 9.1.2 We will be entitled to immediate payment from you for all payments and all other sums do under this agreement at the date of termination 9.1.3 We will sell the goods or public sale at the earliest opportunity once the goods are in a reasonable condition which includes a return of the items listed in clause 7.1.4 9.1.4 We will be entitled to immediate payment from you of the rest of the Total Amount Payable under this agreement less: ( a) A rebate for early settlement ias required by law which will be calculated and notified to you at the time of payment (b) The proceeds of sale of the goods (if any) after deduction of all costs associated with finding you and/or the goods, recovery, refurbishment and repair. Insurance, storage, sale, agents fees, cherished plate removal, replacement keys, costs associated with obtaining service history for the goods and in relation to obtaining a duplicate V5 registration certificate 4, The following are particulars required by Civil Procedure Rules. Rule 7.9 as set out in 7.1 and 7.2 of the associated Practice Direction entitled Hire Purchase Claims:- a)     The agreement is dated 25 August 2022. And is between Moneybarn No1 Limited  and xxxxxxxxx under agreement  number xxxxxx. b)    The claimant was one of the original parties to the agreement. c)    The agreement is regulated under the Consumer Credit Act 1974. d)    The goods claimed Ford Ranger 3.2 TDCi ( 200 PS) 4x4 Wildtrack Double Cab Pickup 3200 cc (Sep2015} Registration No ^^^^^^^ Chassis number ***************** e)     The total price of the goods £19570 f)     The paid up sum £1206 5 g)    The unpaid balance of the total price £7505 (to include charges) h)    A default notice was sent to the defendant on 20th February 2024 by First class post i)      The date when the right to demand delivery of the goods accrued 14 March 2024 j)      The amount if any claimed as an alternative to delivery of the goods 7505 22 include charges 5.  At the date of service of the notice the instalments were £562.89 in arrears. 6. By reason of the Termination of the Agreement by the notice, defendant became liable to pay the sum of £7502 7. The date of maturity the agreement is 24th August 2027. 8. Further or alternative by reasons of  the Defendant breaches of the agreement by failing to pay the said instalments, the Defendant evinced an intention no longer to be bound by the Agreement and repudiated it by the said Notice the claimant accepted that repudiation 9. By reason of such repudiation the claimant has suffered loss and damage. Total amount payable £19570 Less sum paid or in arrears by the date of repudiation £12064 97 Balance £7505 (to include charges.) ( The claimant will give credit if necessary for the value of the vehicle if recovered.)  The claimant therefore claims 1.    An order for delivery up of the vehicle 2.    The MoneyClaim to be adjourned generally with liberty to restore,  Upon restoration of the MoneyClaim following return or loss of the vehicle. the Claimant will ensure the pre action protocol for debt claims is followed. 3.    Pursuant to s 90 (1)  of the Consumer Credit Act 1974. An order that the Claimant and/or its agents may enter any premises in which the vehicle is situated in order to recover the vehicle should it not be returned by the Defendant 4.    further or alternatively damages 5.    costs Statement of truth The Claimant believes that the facts stated in these Particulars of Claim are true. The Claimant understands that the proceedings for contempt of court may be brought against anyone who makes or causes to be made a false statement in the document for verified by statement of truth without an honest belief in its truth. I am duly Authorised by the Claimant to sign these Particulars of Claim signed Dated 17th of April 2024  What is the total value of the claim? 7502   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No   Never heard of this   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Did you inform the claimant of your change of address? n/a Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? No   When did you enter into the original agreement before or after April 2007 ? After  Do you recall how you entered into the agreement...On line /In branch/By post ? In a garage  Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes  Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Original Were you aware the account had been assigned – did you receive a Notice of Assignment? n/a   Did you receive a Default Notice from the original creditor? They said sent but nor received   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? None seen   Why did you cease payments? Still Paying,   What was the date of your last payment? Yesterday  31st May 2024   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes on 12 Feb 2024   What you need to do now.   Can't scan, will do via another means as you cant have jpg  
    • Now that is an interesting article which adds afew perspective that I hadn't thought significant - but on reflection of the perspectives offered ... Now Starmer is no Blair, however 'blairite he may be perceived, but the Tories aren't tories and aren't even remotely liberal   The fast 'unannounced and unexpected election call from sunack may well be explained by the opinion linked that he hoped reform would be unprepared and effectively call a chunk of Farages largely empty bluster - making him look even more of a prat, leave scope for attacks on shabby reform candidates and mimimise core vote losses to reform - while throwing the 'middle ground' (relative) tories TO THE DOGS - and with the added bonus of likely pacifying his missu' desire to jogg off to sunny cal tout suite somewhat   thumb in the air - I expect about 140ish tory seats, but can hope for under a hundred Reform - got to admit the outside possibility of 1, maybe 2 seats with about 8% of the vote - but unlikely. I think projections of over 10% of the vote for reform is nudged and paid for speculation - but possible with the expected massive drives from Russian, Chinese and far right social media bot and troll prods targeting the gullible.
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i have received the 72 hour litigation letter that has been mentioned on numerous posts on here, and i have sent the £1 po for the cca and the £10 for the sar from citicard. what happens next.?

i also subscribed to experian and got my credit report and notice that hfo have put 2 notices about the debt which show 2 amounts 1 for £1423 and 1 for £2543 making £4030 but hfo letter to me only shows £4300 from one source ie citicard. so why 2 notices on my credit report. on the notices they have put on my credit report they do not show who the original debt was with, only on there letter to me.

on my cca request to hfo i typed account in dispute accross the top.

can you please tell me what happens next and tell me what hfo can and cant do now please.

thanks

john

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What do you know about the original debt or debts?

 

Please give us the full history, from the start – including the original creditor(s), what happened with the accounts, when you defaulted, when you first heard from HFO – everything you can, please. Then we can start to help you.

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Hello and welcome to CAGlink31.gif and the HFO fan club, subscribing to your thread, to give you my support and experience.

 

Best Regards

 

B A

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

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ok here goes i first received a letter from hfo saying that i owed £4005.62 to citicard this was dated 1st feb 2011, this was the first i knew of it then they have bombarded me with letters saying i have made payments in the past and they see no reason why i shou i have yesterday sent to hfo a £1.00ldnt pay now and ive not got any grounds not to pay.

then on 10th feb i received from hfo a e-consumerview of my credit file from experian with 2 items listed as credit card default date 28/02/2006 for £1389 and credit card £2543 defaulted 28/04/2006, no mention of the company the debt was for. the e consumer was last updated it says on 19/12/2010.

then last friday i received a 72 hour notice of litigation from hfo showing citicard amount owing £4030.22

first i obtained my credit file from experian from the web and find that hfo have put 2 entries on my file as follows. £2543 defaulted on 28/04/2006 and £1423 default balance on 28/02/2006. again no mention of who creditor was or is. i have yesterday sent to hfo a £1.00 p.o requesting cca also found citicard address and sent them a £10.00 p.o. requesting sar. both sent recorded delivery and hfo letter had account in dispute typed accross the top of page.

now just this minute i have yet another letter from hfo schdule of litigation.

they are doing my head in by bombarding me with there threat letters and accompaning letters from the courts detailing action courts can and will take.

question....

now i have requested a cca and a sar can hfo or there inhouse solicitors ie, rutherford etc take or start legal action.? before the dispute has been settled as best it can be.

i do not remember me having a citicard but my partner says she thinks i did. so i dont no what to do now. please help.

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You will have to now wait and see what comes back from your requests.

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.

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Hi

 

When did send the CCA and SAR requests? Was this recorded? HFO have 12 plus 2 working days to send a copy of an executable agreement. If nothing received, you need to send the 'Account in Dispute' letter (link below) Once the account is in dispute they cannot take court action and should not bother you.

 

Account in Dispute letter to send after 12 plus 2 working days

 

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

 

The SAR can take up to 40 days, but Citi have very little in the way of retained documents they are prepared to make public, this iapplies you and HFO. Did you ask for info on who exactly and when this account was sold?

 

When could this account have been opened and have you any idea of last payment? Citi should be able to send statements

 

Are HFO trying to phone you? If so never speak to them on the phone unless you can record the call.

 

The HFO letters are very threatening and inacurate, and sending a credit report is bang out of order. You need to make complaints to the following, particularly OFT

 

Complaints

 

Trading Standards via http://www.consumerdirect.gov.uk/contact

 

OFT http://www.oft.gov.uk/ mark complaint for the attention of james Waldron

 

OFT Guidance link

 

This helps when drafting a letter to OFT

 

http://www.consumeractiongroup.co.uk/forum/content.php?416-The-OFT-Debt-collection-guidance

 

 

 

Receipt of e-consumerview report complaints

 

Link to a CAG thread on experian and complaining, there is a sample letter in there

 

http://www.consumeractiongroup.co.uk...ment&highlight=

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i sent the cca and sar of monday sent them both recorded delivery.

in the cca to hfo i requested the following

original agreement

copy of any default notice issued

copy of any termination issue

date of termination

details of whom the accounts were sold to

full statement of accounts for entire period

date of default

copy of any notice of assignment

exact date of assignment.

 

the first letter i received from hfo was not a assignment letter just letter saying i owed the money and they say i have no defence as to why i should not pay and what they were going to do, ie take me to court and send baillifs , attachment of earnings, seize money in bank accounts etc.. the usual threatening letter sort of thing.

 

the date of defaults is in my earlier statements.

so what happens next and can they start proceedings now as i have typed account in dispute accross the top of cca request letter to hfo.

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The CCA request should really just be asking for the credit agreement and supporting doc under s78 - see below

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

 

The SAR to Citi should be asking for the other stuff

 

You will need to wait the 12 plus day working days for the CCA and see what is returned from the SAR

 

In the meantime get some complaints off to OFT, with copies of the stuff you have received and Experian.

 

I doubt that this will get anywhere near a court room. Your best defence against HFO is to get as much real information as you can and ignore their threats

 

Have a look at the Citi Forum on CAG for info on what these fleecers are like

 

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?109-CitiCards-Citi-Financial-Associates

Edited by coledog

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thanks cole dog

i have requested all items mentioned from both parties. and i have e-mailed expirian with a complaint on monday awaiting there reply .

i will e-mail the oft tomorrow ie wednesday.

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i have today received a letter back from citi card which states..

as the address you provided differs from the one we have on record please can you provide a copy of one of the following..

full driving licence

utility bill

bank or credit card statement

benifits or pension book.

 

i am going to send a copy of driving licence and send it recorded delivery.

do you think they will send all the documents i requested.?.

also i have not had anything back from hfo services yet.

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It is OK tfoxlow, Citi do this and I think I put it in the SAR instructions. I sent them a photo copy of a gas bill - avoid anything with your signature on it. They do have a right to ask for this unfortunately and they should send your SAR paperwork as soon as they receive it. Not that they usually have much to supply anyway!

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Do not send any such private info for anyone - its not for you to prove anything - thats for them to prove.

Report them to the authorities if they refuse to go away.

 

The OP isn’t asking them to prove anything t_ony! It’s a subject access request. It’s quicker and easier to follow Coledog’s advice and just get the info. tfoxlow is not put in any worse position by supplying some ID, as long as there is no signature; to refuse to comply would just appear bolshie, which would be strange when the SAR was requested in the first place!

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  • 3 weeks later...

right latest position is this i have not heard back from either hfo services or citicard.

but and its a big but i have received another letter from hfo services today on there headed paper saying

REMINDER.... NOTICE OF ASSIGNMENT...

this time it does not aqaint to there previous request which is subject to my cca and sar requests. as mentioned above ie citicard...This one says i have already been informed that my account has been bought by hfo capital ltd from monument and £2276.91 is due for payment within 14 days. ..

i no nothing about this whats so ever does this meen leave it till i receive threatening letters then send off to them for the cca and a sar to monument to start things rolling again. i have checked my expirian file and as yet hfo have not yet put it on.

by the way experian have passed hfo services consumerview file they sent to me which i promptly e-mailed experian with they have passed it on to a special dept as i contended after looking at the agreement between hfo and experian that hfo services do not divulge this information to a third party. so they breached the terms of there agreement with experian. let em get out of that.

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Right - so they are now chasing two accounts??

 

On the Citi one - it must be more than 12 plus 2 working days since you sent the CCA request therefore you can send the account in dispute letter to HFO- also recorded

 

Account in Dispute letter to send after 12 plus 2 working days

 

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

 

Did you verify your id for the SAR?

 

On the Monument front - these accounts are now administered by Barclaycard so you will need to contact them. Do you know when it was taken out and when the last payment was made?

 

I suggest that you ring Barclaycard and ask them when the last payment was made, who exactly this was sold to and when. Ask for anything they say to be confirmed in writing. You are probably also going to need a SAR request but see what they come up with first.

 

 

Barclaycard recoveries 0844 556 0066

 

I would also suggest a CCA request to HFO for this account also.

 

Well done on the Experian complaint also make sure that you send a complaint to OFT

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Along with the list given above re harassment etc... can I suggest we add CPUTR 2008. Look at Part Two Section 7 subsection 2 a-e. If any of these apply, you can then look to Section 11 which makes anything under S7ss2 a criminal offence.

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reference the replies to my post yesterday.

 

2 accounts.... looks like it but nothing on my experian credit file on this as yet.

 

yes i verified my id for the sar to citicard photocopy od driving licence minus my signature.

 

you gave barclaycard recoveries phone number, but shouldnt they send me a notice of assignment on there letterheaded paper, not a letter from hfo on hfo headed paper, whice says notice of assignment in big bold type accross the top, and signed by hfo.

 

lastly what is CPUTR 2008 part two sec7 ss 2.

i hope this might help you to help me,

thanks

john

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Await the SAR from Citi, it probably will not contain much and send the account in dispute letter to HFO.

 

Unfortunately, the debt buyer can issue a Notice of assignment, it does not have to be the OC. However, HFO can only charge their ridiculous interest from the day they issue the notice, not before this and only if the original agreement allows them to do this. They will probably insist that they have given you notice before.

 

I am not well up on CPTUR - perhaps you can ask Tingy for some more info and a link

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HFO cannot send a reminder notice of assignment and expect you to believe that 'as you made past payments' you are still liable for this alleged debt. Good on you for sending their stuff to Experian, hopefully they will put a stop to HFO abusing their systems.

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i sent the cca and sar of monday sent them both recorded delivery.

in the cca to hfo i requested the following

original agreement

copy of any default notice issued

copy of any termination issue

date of termination

details of whom the accounts were sold to

full statement of accounts for entire period

date of default

copy of any notice of assignment

exact date of assignment.

 

the first letter i received from hfo was not a assignment letter just letter saying i owed the money and they say i have no defence as to why i should not pay and what they were going to do, ie take me to court and send baillifs , attachment of earnings, seize money in bank accounts etc.. the usual threatening letter sort of thing.

 

the date of defaults is in my earlier statements.

so what happens next and can they start proceedings now as i have typed account in dispute accross the top of cca request letter to hfo.

 

Hello mate

 

Did they actually state ‘you have no defence’? Not even a ‘probably’? If so they are seriously out of order. Can you tell us the exact wording?

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CPUTR 2008 stands for Consumer Protection from Unfair Trading Regulations. Although as you can see it is not a particularly recent piece of legislation, it is only recently (really since the need to find routes other than CCA as that's getting harder and harder to make successful claims under) that consumers have begun to realise the power of this.

 

You need to get used to the language of it - as you will see when I give you the reference it does not immediately seem applicable to debts or CCA, but it is very relevant. It also has the added benefit that certain things, like agressive practices which includes aggessive wording in letters, things that make you take an action you may otherwise not have taken you need to read as for example write to them or pay them some money, become offences, and when it says offences it is not talking civil, it's talking criminal offences -ie - things for which they could lose their license to trade. I've actually just sent an option to a DCA to pay an out of court compensation settlement of £135 or argue their case in court using CPUTR as my argument. A lot of people have drawn this bit of legislation to the DCA and as far as I know it has never yet been tested in court as they tend to run away.

 

Here's the link: http://www.legislation.gov.uk/ukdsi/2008/9780110811574/contents

 

This says what I was trying to say in clearer language.

 

The CPRs use 'product' to refer to goods and services in a wide

sense, including immovable property, rights and obligations. The

prohibitions apply to commercial practices relating to products in

this wider sense. It is important to note this

 

 

Finally there's a massive thread on here called "Fighting back with CPUTR" which you could search for. It does not make an easy read as due to the wording and the need to get your head round how it can be used, the thread is packed full of questions and suggestions some of which are good and some are not!

 

If you want to see one of my letters using this legislation, have a look at the last of my letters here, it's post #7: http://www.consumeractiongroup.co.uk/forum/showthread.php?300739-Lloyds-TSB-Lloyds-BLS-Collections&p=3358257#post3358257

 

Any questions at all, don't hesitate to ask. It is a VERY powerful piece of law.

Edited by Tingy
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