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    • Good Evening, I've got a fairly simple question but I'll provide some context incase needed. I've pursued a company that has operations in england despite them having no official office anywhere. I've managed to find a site they operate from and the papers there have been defended so I know they operate there. They've filed a defence which is honestly the worst defence ever, and despite being required to provide their witness evidence, they have not and have completely ignored the courts and my request for copies of it. I'm therefore considering applying to strike out their defence on the grounds the defence was rubbish and that they haven't provided any evidence for the trial. However, it has a trial date set for end of june, and a civil application wouldn't get heard until a week before then, so hardly worth it. However, my local court is very good at dealing with paper applications (i.e ones that don't need hearings, and frankly I think they are literally like 1-2 days from when you submit it to when a Judge sees it. I'm wondering if I can apply to strikeout a defence without a hearing OR whether a hearing is required for a strikeout application.   Thanks
    • I have just opened another bank acc with lloyds (i have a few already) After doing some research they may have some relation to tsb or be apart of the same group will this cause me issue if my salary is paid into my lloyds account? Also, if the debts do go into default and nothing is paid then after 6 years it all goes away? As the DCAs cannot do anything? I do want to start paying in like 3/4 months or do you advise I leave it if it goes into default? again sorry for all the questions, i am just processing everything
    • one reply only  follow post 2 of letter of claim <<clickme link. dx
    • Sorry, I got confused  Yes, it states all three   Thanks, 
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    • If you are buying a used car – you need to read this survival guide.
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    • 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.

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      • 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
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HFO Litigation Letters & monument debt


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Aha, so nowhere near a claim yet. Have you taken up your postal problems with the Post Office? Try sending a few random letters to yourself and log what turns up and when.

 

Probably just that nothing is happening. HFO are on the rocks, I hope.

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Oh my god yes. I did complain once and got a few letters saying they were sorting issues.

 

Then my car got vandalised. This didnt help my debt issues at the time. Credit cards funding the

repairs.

 

So rather reluctant to do that again.

 

Maybe confused matters, But i have received no paperwork about taking me to court.

Except the previous threats of we may or might or doorstep trolls oh look flying pigs etc.

 

Well the date for any of my last payments has now gone.. Coledog said 1 month after the last payment or was that missing payment?

 

So if i paid on the 1st of September but didnt pay on the 1st of October. When will i be safe?

 

Added complication. I forget which company i phoned to arrange a payment plan probably mentioned in my previous post MBNA or CITI?

 

They were totally unhelpful and downright obstructive. We wont stop the charges and interest unless you give us money you dont have etc.

Now say this call was in October does that move the date further forward?

 

Thanks guys/girls. I really do appreciate this.

 

I have had zero post from anyone lately. Will this jinx me?

 

Thanks.

 

 

PS...

 

If i check my credit file will these items vanish when statute barred?

Or 6 years from now?

 

Thanks

Edited by deep in the whatsit
PS...
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Try again.. Lost my post trying to upload a picture. Keeps telling me not an image file. Tried jpg and png.. FIXED upload to tinypic and used IMG tags.

 

Cannot access my equifax report, I did the online £2 one and it wont let me access it now. Silly me didnt save it.

 

Experian i did save though.

Creditor #1 in my list, CC company months 61 - 72 = 8?? ??? ??8 843 So i presume 2 months from the report

would put them all at 8's. And that report was 2 months ago. So SB?

 

Picture below, Hopefully.

 

I assume the others listed with less months would be down to those not being the original

creditor and those are the dates they took them over?

 

xe3779.jpg

 

I have trawled the draws and cupboards and found a few letters than missed the shredder. Seems the MBNA debt may not have been paid in august 2006.

Settlement offer of installments for 125 months.. £77 a month. From what i can see the credit limit was £6000?

FOUND IT:

Letter dated September was the one that caused all the problems and pushed me over the edge.

 

My goal is not to antagonise you, but to come up with a straightforward plan so that you can repay your debt in a way that is manageable for you.

 

Expletives deleted here to stop this forum being banned all over the internet. Signed by Scott Bailer. Well Scott Bailer i really wish you could read my thoughts right now.

 

Follows on to say " This is my final attempt to help you, Please call us today "

MINIMUM payment £70.

 

Sorry, Its got me wound up again. I was ill and on £60 a week sick pay.

 

Thanks for putting up with me. I just wish i could have logged in and there was a date with the last

payment and a light at the end of the tunnel.

 

EDIT:

Maybe i shouldn't have been so hasty in shredding so much paperwork?

 

OK i cant sleep, Found a couple of letters from Monument, bought out by Barclays or owned by Barclays?

 

15 August. My bank contacted them regarding cancelled DD instruction. Cancelled with immediate effect.

4th Sept Not received payment. So maybe my dates are mixed?

 

I think the issue maybe me asking for help and worried they will find me online and people i know would

find out. I changed the dates and actually forgot the real dates.

 

I must look like a right fraud and making these stories up. But believe me 6 years of being scared to answer

the door or the phone is not funny.

 

Thanks for putting up with me.

Edited by deep in the whatsit
Maybe. And Dates?
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I dont seem to be getting any responses on my other thread.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?304340-HFO-Litigation-Letters/page6

 

Due to the embarrassment of the debts. I changed the dates etc. As some seemed to think i was a troll or

worse a DCA. I am NOT!!!

 

Its been so long now, Not answering the door or the phone unless i knew the number. It will be a huge weight

off my shoulders if they really are statute barred.

 

I think i had convinced myself that the dates i put here were the real dates.

 

I knew i had issues mid September and thats what started the whole issue of ignoring them.

See the other thread for that. Refused to stop charges and interest unless i paid money i didnt

have then sent a letter saying they are not there to antagonise me but here to help.

I flipped at that. No contact every since.

 

I checked my credit files, Equifax and Experian a little while ago and have found a few letters that

escaped the shredder. Seems i cancelled the Direct Debits in August.

But i do remember the phone call mid september. No payment was made though.

 

Thanks for the advice, I know i chose to sit on my hands and hoping they give up was maybe

not the best approach.

 

From the post i made above does this appear to show the debts are statute barred now?

 

Thanks

Edited by deep in the whatsit
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Unless your last payment/contact was 6 years ago then these debts are NOT statue barred. Are you talking about this year? Please provide information in this thread.

Work for my local CAB but my views and advice are my own. Try AdviceGuide or Adviceline (08444 111 444) for CAB help ;)

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Statute Barred = 6 clear years (5 in Scotland) without any payments or written acknoledgment of the debt, any payment resets the clock.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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No this was in 2006. I thought the last payments were in September but i found a letter from a CC company notifying

me that they had received information to cancel the direct debits. That was late August 2006.

 

Im sure i cancelled all payments at the same time.

 

But i did speak to one CC company in September 2006 to arrange payments, But they were (unprintable words)

Refused to stop interest or charges unless i paid £200+. I was on £60 sick pay.

 

Is that the date to go by or the last payment? If you see the last post in my other thread. That was the credit file in July.

 

Thanks.

 

 

EDIT: I am fretting a bit now as its close but my post seems to be going missing.

 

On the other thread someone said they have a habit of bumping the debt right at the last minute.

 

Thanks.

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  • 2 weeks later...

OK big update. Something fishy going on.. My old email address i used for the banking has been spammed with

emails for mis-sold PPI and new loans and reclaim interest payments etc.

 

We all get these right. Well 131 of these emails in 2 weeks.. Guessing the debts are statute barred and

that want some contact now?

 

 

kinderfirst.com

goingtoserver.com links to host.netatlantic.com

prettysend.com links to host.netatlantic.com

previewsupport.com links to host.netatlantic.com

thereward.net links to host.netatlantic.com

geekgrammar.com

revampsend.com links to host.netatlantic.com

 

And many more....

 

Just spam... Some of these emails have my real name... And i never use that ANYWHERE.

Even ebay and paypal have a spelling mistake....

 

The only place the could have come from is my financial contacts.

 

I think i mentioned previously they send fake website links with expensive TVs on offer. I checked out one

and it was registered to the same office as a debt collector.

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I have had nearly as many on laptop and phone, so may not be connected.

 

 

If there have been no payments or UNEQUIVICAL acknowledgments in WRITTING since August 2006 the debt is statute barred, telehone conversations DO NOT restart the 6 year cloc.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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I have had nearly as many on laptop and phone, so may not be connected.

 

 

If there have been no payments or UNEQUIVICAL acknowledgments in WRITTING since August 2006 the debt is statute barred, telehone conversations DO NOT restart the 6 year clock.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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I have had nearly as many on laptop and phone, so may not be connected.

 

 

If there have been no payments or UNEQUIVICAL acknowledgments in WRITTING since August 2006 the debt is statute barred, telehone conversations DO NOT restart the 6 year clock.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Getting between 48 and 56 emails a day now. All about reclaiming loan payments and PPI or offers of new loans etc...

 

Now call me paranoid but this has got to be fishy. Debts are probably statute barred and all of a sudden i start

getting loans and PPI spam in a huge number to the email address i used for the old credit cards.

 

I have 5 other email addresses with the same provider and none of them have received these.

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How would a spammer get my full name?

 

I have email addresses for everything. This is on AOL. You got 7 usernames with its own email address.

 

I had one to use on AOL chat rooms etc, One for banking, One for work related. One for registering to websites etc.

 

The banking one would never be used for anything other than that. So although a system that generates random email

addresses would find it. There would be no way for them to know my real name.

 

My real name would only be known to the bank and credit cards. Its like when this 1st started i got anonymous emails

offering cheap electrical goods.

I checked one out and it was registered to someone that worked at a debt collection company and their company address.

arrow or cabot i think it was. So long ago though.

 

I switched email addresses for my banking then. Leaving that account to sit idle, never used since.

 

It really is fishy. Same as when i got a card saying i had missed a delivery. Arrived with a stamp on it though.

Someone mentioned the name earlier, Logistics somthing?

 

No way that i can see for spammers to get my real name. Its not my main account that i signed up to AOL on

so its not been hacked and gotten that way.

 

I may sound paranoid but this is really fishy.

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The First Logistics missed delivery card system was operated by the unlovely HFO, usually went with an SW19 postmark.

 

This 'idea' was designed to get you to reveal your phone numbers and possibly email address

Please support CAG and they will support you.

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Yes, I had my card for ages and it was uploaded to show how they had been running this longer than they admitted.

 

I didn't fall for it as I get a lot of international post from time to time and have never had a card like that before actually posted using mail. Plus the card was for an old tenant of the flat I was in.... it just had their surname on and a reference number and asked them to call to confirm details.

 

If this kind of thing is still going on it is against the OFT Guidelines in Debt Collecting - and don't be fooled by the 'we are a non EU based company so the guidelines don't apply to us' line some companies have been spewing now - answer to that one is 'if you are a non EU based company you cannot use a court system within the EU to collect on this alleged debt - goodbye'.

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I still have mine! And as I rang them, also have the 'correspondence' they sent via FL. All carefully lodged with OFT now. Also don't forgot that they tried it again with 'Silverpoint' delivery service.

Please support CAG and they will support you.

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I just apologise to you all for not following your advice which i know was the right thing to do.

 

I just couldnt stand the thought of them starting the phone calls and daily letters off. Several letters in

one day from the same company just got too much..

 

I found the we are here to help not antagonise you letter.. Thats what did it all and make me just ignore

every last one of them. I dont think that card is still floating around though. My OH admits that there maybe

some more letters somewhere, Seems she thought it was a bad idea to shred them all.

Well all i can say is it cheered me up no end. Bills what bills.

 

 

I think i will leave it now until april, Where I think the last default was dated on my credit file. Then get another

£2 report. In theory it should be all clear?

No point getting one before then is there? Cant believe the last one was June/July? Seems like a few weeks ago.

 

Fingers crossed its all over now.

 

You may have noticed i am lazy and will do as little as possible so writing to complain is probably too much effort.

But is there any info anyone needs from any of the debt collection companies i have mentioned in my posts

if i have the paperwork still.

 

Thank you all.. I really do hope its all over...

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