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    • Sars request sent on 16th March and also sent a complaint separately to Studio. Have received no response. Both letters were received and signed for.  I was also told by the financial ombudsman that studio were investigating but I've also had no response to that either.  The only thing Studio have sent me is a default notice.  Any ideas of what I can do from here please 
    • Thanks Bank - I shall tweak my draft and repost. And here's today's ridiculous email from the P2G 'Claims Dept' Good Morning,  Thank you for you email. Unfortunately we would be unable to pay the amount advised in your previous email.  When you placed the order, you were asked for the value of your parcel, you stated that the value was £265.00. At this stage the booking advised that you were covered to £20.00 and to enhance this to £260.00 you could pay an extra £13.99 + VAT to fully cover your item for loss or damage during transit, you declined to fully cover your item.  Towards the end of your booking on the confirmation page, you were then offered to take cover again, to which you declined again.  Unfortunately, we would be unable to offer you an enhanced payment on this occasion.  If I can assist further, please do let me know.  Kindest Regards Claims Team and my response Good Afternoon  Do you not understand the court cases of PENCHEV v P2G (225MC852) and SMIRNOVS v P2G (27MC729)? In both cases it was held by the courts that there was no need for additional ‘cover’ or ‘protection’ (or whatever you wish to call it) on top of the standard delivery charge, and P2G were required to pay up in full for both cases, which by then also included court costs and interest. I shall be including copies of both those judgements in the bundle I submit to the court next Wednesday 1 May, unless you settle my claim (£274.10) in full before then. Tick tock…..    
    • IMG_2820-IMG_2820-merged.pdfmerged.pdf Case management was this morning. Here is the Sheriff’s order. Moved case forward to 24/05.   He said there was no signed agreement and after a bit of “erm, erm, yeah but, erm” when he asked them, he allowed time for sol to contact claimant.  what is the next step now? thank you UCM  
    • I've had a quick (well, quick for a thread of this length),  read of this thread and to be honest I'm struggling to make heads nor tails of the actual crux of the issue here. You seem awfully convinced that whatever is going on is worth the fight and the odds are in your favour but with how the thread has gone it seems that one trail goes cold so you simply move on to another in an attempt to delay the inevitable. All it does is end up digging holes and confusing others and yourself which means any advice given to you is completely pointless. I note that for the life of this thread there has not been any documentation or correspondence uploaded for people to have a look. Have you got any that you'd be willing to redact and upload for members to assist you? Right now, it seems people are shooting out advice while being in the dark because it's starting to become very difficult for people who weren't here at the start of this (including myself) to follow along. Right now, this whole thread is just hypothetical "He said, she said" and is going nowhere fast. Nothing more than basic advice can be given which, as you've sought out some legal advice, is likely not sufficient to actually come to any sort of conclusion. I, personally, am starting to agree with others that it may be best to consider bankruptcy and put the matter behind you.  
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    • We have finally managed to obtain the transcript of this case.

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HFO Claimform - old M&S Store card **DISCONTINUED**


MAGDA
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Thanks coledog, will have a look:-)

 

Would be great if they didn't proceed with mine, you never know, fingers crossed.

 

Magda

 

Hi Magda just to offer you some surport CD did a great job on my defence and like CD said they never responded to it :) good luck. will pop in now and again to see who you are doing.regards Gloryhunter :)

:) HFO fan club member :) HFO V GLORYHUNTER ( WON ) :)

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Hi Magda just to offer you some surport CD did a great job on my defence and like CD said they never responded to it :) good luck. will pop in now and again to see who you are doing.regards Gloryhunter :)

 

Hi gloryhunter, many thanks for your support and glad you had such a good outcome with HFO.

 

I really appreciate all the support I have received from everyone so far - makes a big difference.

 

Magda:-)

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They have 40 days to reply, they will

claim that they have only 6 years records

but they should retain the records for

6 years after the account is closed.

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

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Hi, thanks Brigadier. Had a letter from m&s this morning in response to my SAR. They have sent a form for me to sign, which they say they need, as proof of my signature, before they can supply the SAR. So, that has delayed any response by another week or so.

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This should not delay it - it is up to them to keep within the 40 day deadline no matter what additional info they request. Add to the form that you are expecting their prompt response.

Please support CAG and they will support you.

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It's ok giving a signature on A SAR but you are not obliged to as they

are already sending confidential mail to your address any way.

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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Alternatively state you are prepared to collect from branch and will produce ID on collection.Ask them to confirm what day it will be ready for collection:-D

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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Hi All. M&S state in their letter that it will now be 40 days from when they get the signed application back.

 

 

I actually said in my SAR request that they have previously sent sensitive information to my address

and were quite happy to do that, but I think with M&S this is something they do, for no good reason.

 

 

It would be a great idea to pick up the stuff in branch,

but with M&S don't think i'd be able to do that unless it is all sent to their financial section where people take out store cards etc?

That would certainly speed things up a bit.

 

 

Will add a note as you say, coledog, saying that I will expect the 40 days to commence from my original request.

 

I always wonder how much in league these companies are (Original creditors) with the DCA's they sell to.

 

 

I had a big Cabot case recently and MBNA were really obstructive when it came to the SAR and with providing any general info at all.

 

 

I know that Cabot were constantly in contact with MBNA and on first name terms,

so makes you wonder how much information they actually want to give you.

 

many thanks, Magda

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Covering their backs Magda, just in case the

get reported to the ICO:madgrin:

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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  • 4 weeks later...

Hi Coledog, Defence has been done as I adapted a previous defence I had used,

but with the relevant changes for this case. A

 

 

lso, did a part 18 request a couple of weeks ago, so should hear back on that in the next couple of days or so.

 

 

Also waiting to get the response to SAR, which should be in the next couple of days also.

 

 

Will let you all know when I get any responses and also will definitely be needing a lot of help along the way!

 

 

Will also get around to posting the relevant docs up which I know will make it easier for people to help if all the facts are there.

 

Many thanks for looking in, will update as soon as I have any news.

 

regards, Magda

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  • 3 months later...

Hi, does anyone know how compliant M&S default notices were back in 2004(ish). I have seen some of their default notices from around 2009 or so and they give 14 days from the date of the notice (which clearly breaches legislation) but not sure what sort of wording they used before. I think the wording has now been changed again, I suppose because M&S realised their mistake.

 

Any exmaples of M&S DN's from around this period or info on this would be greatly appreciated!

 

Magda

Edited by MAGDA
typo in title
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  • 1 month later...

Hi, without going into too much detail,

 

 

does anyone know the official company registration details of HFO Capital Cayman Islands and do they still exist as a company?

 

 

I found an official registry site for the cayman islands which allows searches for all companies registered in the Cayman Islands,

 

 

but there is a charge of $36.

 

 

I have the details for HFO Capital Dublin and HFO services etc,

 

 

but would be interesting to see Cayman's details as well.

 

Many thanks, Magda

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Thanks for that coledog, that's a huge help. If HFO cayman's licence lapsed in 2010, does it automatically follow that they were trading as a company right up to that point, or could the company have ceased trading, but the licence had been due to run for a while longer anyway, and just ran its natural course. I've been wondering when exactly Cayman ceased to function as a company in the true sense, i.e., they obviously had to be incorporated as a company in the Cayman Islands, and wonder when this ceased to be the case. I know they sold accounts to HFO Dublin in 2008, but the 'sale agreement' only allows for the sale of their existing portfolio of debts and any pending accounts - it doesn't say future accounts, which is the wording used on the sale agreement between Cayman and HFO Services. That agreement states that they assign their existing debt portfolio and any future debts - the use of the word pending on the 2008 agreement seems odd and quite limiting.

Many thanks, Magda

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  • 3 months later...

Just to update, my solicitors, Watsons, have successfully defended this which is fantastic news - they are a brilliant firm and my solicitor, Gwyn Jones, has put in a huge amount of work throughout and has remained one step ahead of HFO all along. If anyone has problems with HFO, it is definitely worth seeking legal advice as these cases can be very difficult to defend on your own. I'm not completely clueless about Consumer law, but I really don't believe I would be in such a good position now if I had continued to handle this case myself.

 

Good luck to anyone else in a similar situation, just goes to show HFO can be beaten!

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