Hfo turnbulls court proceeding pls help!!

[wunder]

agreement attached as PDF. Appreciated.

tcss.pdf

agreement.pdf

[DonkeyB]

What a pile of sh1te.

[DonkeyB]

BC have not complied with the s78 request for a start. Carey v HSBC states that the agreement must encompass the original T&Cs at the time the account was opened. Anyway, according to the HFO DN, you are subject to HFO's T&Cs which is (a) just wrong and (b) if this were true, why did BC send their T&Cs?

 

As usual Turnbullsh*t Rutherford are talking through their ar**s - apparently with the collusion of Barclaycard, which I think BC should explain.

 

They are also grossly misleading you about the true legal position, which is against OFT guidelines as well as SRA code of conduct. Surprise! Maybe a note about Mr A Turnbull to the SRA.

 

Please walk in to the OFT offices and scream.

[coledog]

Send em this!

 

Thank you for letter dated xx

 

In my letter of xxx I made a request for a copy of the executed credit agreement for the above mentioned account under the Consumer Credit Act 1974 section 78. The document provided does not comply with the requirements of section 78 because

 

1 The document is not easily legible as required by Regulation 2 Consumer

Credit Cancellation Notices and Copies of Documents Regulations 1983

 

2 No copy of relevant Terms and Conditions was received

 

3 No statement of account was received.

 

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 an personal data relating to me on this matter.

[wunder]

They haven't complied with the other documents in the CPR either. They sent me copies of Barclaycard statements a few months back. But I'm presuming statement of account is different?

 

I will be complaining to the OFT today and once I have confirmation of the stay, the SRA. I can't see the court lifting the stay especially with TRs behaviour and misleading information. I don't think they will fork out the application fee for it either. Maybe I should have applied for a strike out sooner but then I don't think it would have made a difference as they would have come back with the same rubbish.

 

Thinking about whether to write to TR or let OFT get in there first?

[coledog]

You can adapt the letter to suit and include the other stuff. It is worth responding to TR at some point as it shows them that you are prepared to defend this and you can include your response in the OFT complaint but up to you

[coledog]

Failing to comply properly with your s78 and CPR requests is a defence should they try and restart the court action.

[wunder]

I think I'll send a copy of their letter to the court after the OFT. Yes I agree, I will respond to TR. Is the statement of account different to the Barclaycard copy statements that they sent?

 

They also didn't send the evidence of written requests or phone conversations or the intra company agreement, these were requested in the CPR.

[coledog]

You can leave out the statements, I think, the credit agreement is total rubbish anyway.

[wunder]

Hi guys, just spoke to court, the claim was stayed on 37th June 2011, and they will need to apply snd pay £45 to lift the stay. The court says after my correspondence TR didn't get back to them re the CPR.

[coledog]

Did you ask about the Summary Judgement?

[DonkeyB]

Blimey, Northampton court starts early!

[BRIGADIER2JCS]

0800 DB that's why all cut offs are at 1600 in the court offices.

DJ 's will be doing reviews and directions etc. before the first

hearings, a day in court is a long one.

[DonkeyB]

Indeed, but getting the buggers to answer the phone is a minor miracle. Some eager civil servant must have had a double espresso at 7.45am.

[wunder]

Yes, I told them that TR threatening SJ and can they and he said they will need to apply first for the stay to be lifted. As the case has been suspended.

[DonkeyB]

Good, that confirms exactly what you must tell the OFT. They are misleading you as a threat.

[wunder]

Lodging complaint with OFT today. Guys any views on the agreement (dark copy) itself?

[coledog]

Just what has been said. They may try and hood wink a judge with it but it is not a valid response to your request.

[DonkeyB]

Can you read it?

[wunder]

I can read it, it's come out darker after scanning for the forum.

[DonkeyB]

It still does not comply with what HH Judge Waksman stated in Carey v HSBC comprises a valid response to a s78 request.

[wunder]

Hi guys my understanding is that OFT can't sort out the complaint but use it as evidence and intelligence with other information they hold re that company, on assessing whether they are fit to hold a CCL. Please corrected if wrong? How can I stop TR harassing me?

[BRIGADIER2JCS]

Hi, The OFT cannot deal with or report

on individual consumer complaints, every

complaint is logged and is then considered

when licences are applied for or are up

for renewal.

[coledog]

Hopefully the evidence that OFT are compiling will stop HFO/TR trading, then they will have to stop harassing you - that is why the complaints are so important. I would write to TR and inform them that you acknowledge no debt to their client, you consider that their claim is still in dispute as they have not properly complied with your s78 and CPR requests, you have reported their threatening behaviour to OFT and any future legal claims will be rigorously defended.Short and sweet.If the account is in dispute, they are breaking OFT guidelines by continued harassment

 

Document everything that has happened and send to OFT with copies of correspondence.

[BRIGADIER2JCS]

READ, LEARN, COMPLAIN

FOLLOW COLEDOG AND DONKEY B COMPLAIN COMPLAIN AND COMPLAIN AGAIN!!!!!!!!