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    • In the very first claim thread it mentions contacting the claimant is encouraged by the court etc. I was thinking about contacting them and asking about a Tomlin order to put an end to all this, at least I'd be able to stop worrying and maybe get some sleep (currently 4.52am) 😴
    • Hi I'm looking for a bit of help to deal with a claim form from Hoist/ Cohen referencing an old Capital One account please. I have filled out the details below as requested and submitted an acknowledgement of service intending to defend.   In 2007 I sent a SAR and requested a copy of the original CCA from Cap One on this account.    In 2014 Lowells sent a claim form for the same account. I have a copy of a notice of allocation to the small claims track hearing and a copy of the front sheet of ack of service with intent to defend but I have no recollection of its outcome and there are no CCJs on my credit file.    Name of the Claimant Hoist Finance UK Holdings 2 Ltd   Date of issue – 5/11/2019   Date of issue 05/11/19 + 19 days = 24/11/2019 + 14 days to submit defence = 7/12/2019 (33 days in total)   Particulars of Claim This claim is for the sum of £294 arising from the Defendants breach of a regulated consumer credit agreement referenced Under no XXXXX. The defendant has failed to remedy the breach in accordance with a default notice issued pursuant to ss. 87(1) and 88 of the Consumer Credit Act 1974. The Claimant claims the sums due from the Defendant following the legal assignment of the agreement from Hoist Portfolio Holding 2 Ltd (EX CAPITAL ONE). Written notice of the assignment has been given. The Claimant claims 1. The sum of 294  2. Costs   What is the total value of the claim? £369   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC I received a letter of claim & income / exp forms.   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? yes   Did you inform the claimant of your change of address? Not sure claim is for Credit card   When did you enter into the original agreement 2003   Do you recall how you entered into the agreement not sure   Is the debt showing on your credit reference files yes, as closed   Has the claim been issued by the original creditor. Assigned   Were you aware the account had been assigned – did you receive a Notice of Assignment?  from HPH2 to HFUKH2L, I don't have anything from Cap One.   Did you receive a Default Notice from the original creditor? Yes (2007) Have you been receiving statutory notices headed “Notice of Sums in Arrears” or " Notice of Arrears "– at least once a year ? Not sure, I’ve had letters from Robinson Way.   Why did you cease payments? illness and inability to deal with my debts, I had no money no job and my mental health was in a terrible state.   date of your last payment? 07/2014 paid to Robinson Way   Was there a dispute with the original creditor that remains unresolved? No (PPI and bank charges refunded)   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes   Do I send a CPR 31.14 next asking for the agreement, notice of assignment and the Default notice?   Thanks.
    • It states the charge as: 'did enter a compulsory ticket area without having with you a valid ticket. Contrary to Byelaw 17 (1) of the Transport for London Railway Bylaws Made under paragraph 26 of Schedule 11 to the Greater London Authority Act 1999 and confirmed under section 67 of the Transport Act 1962.' Then a brief statement of facts that the pass did not belong to me, and that I had stated it was due to financial reasons. It then contains information about making my plea and then the statement of the revenue officer. I am of course planning on pleading guilty before the cut off point and attending court (I'm hoping to be well enough to attend anyway). I'm just concerned about the consequences and if there is any point in trying to still reason with TfL now that court application costs are at least involved. I have debated getting a solicitor solely because of what I've read on the internet and what it says about ruined job prospects, I know it's probably scare tactics to get me to hire someone but it is the driving fear behind everything at the moment. 
    • You really MUST respond to the Singe Justice Procedure (SJP) notice and do so BEFORE the 'cut off' date.   Clearly, you will need to plead guilty and by doing so, you will benefit from having a one third discount in the amount of the fine issued.   You do not....I repeat NOT need to enlist the help of a solicitor and by pleading guilty, you will NOT be required to attend a hearing.   what exactly is stated on the charge sheet.    
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beckyr1

HFO Services LTD - statute barred

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Yes I will put that in my letter ....many thanks for your help guys so far....I will keep you updated on what happens here!!!

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Sums simply don't add up - par for the course at HFO.

 

Becky if you are doubly sure that no payment was made in 2008 then i would complain about this to the OFT. They are trying to con you.

 

I would consider a full SAR to HFO.

 

I suggest you also conact Welcome asking them to who, and when, the account was sold.

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I have sent every letter I sent and have received to the OFT for their information. I agree, I will also contact Welcome Finance!!

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Here, Here.:madgrin:


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Hi becky

 

As DonkeyB has suggested, the figures for 'Accurred Interest' and 'Administrative Charges' ad up to just over £100, the amount you have alledgedly paid. Even a child can see through HFO's smokescreen.

 

I would also ask HFO to specify and detail what 'administrative charges' have been incurred and also what period the accurred interest covers. You sholud then be able to show that the interest and charges are a fiction and that make you own claim that the only reason the figures are there is to balance the alledged payment of £100.


Arrow Global/MBNA - Discontinued and paid costs

HFO/Morgan Stanley (Barclays) - Discontinued and paid costs

HSBC - Discontinued and paid costs

Nationwide - Ran for cover of stay pending OFT case 3 yrs ago

RBS/Mint - Nothing for 4 yrs after S78 request

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Er... let’s look again. It cannot have come from any calculation system, cos the sums don’t add up.

 

Assigned balance: £4987.50

Interest added: £22

Admin charges: £81

Total: £5090.50

 

Allegedly paid: £100

 

Balance, by my reckoning: £4,990.50

 

According to HFO: £4,939.00

 

A difference of £51.50.

 

If you’re going to forge a document, HFO, at least do it properly. Get that off to the OFT.


“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

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Completely agree, I suspect they are keeping this under £5,000 to make it a small claim rather than a higher level claim, and we all know what Welcome agreements are like - as full of holes as Jarlsberg, or any other holey cheese you care to name.

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Completely agree, I suspect they are keeping this under £5,000 to make it a small claim rather than a higher level claim, and we all know what Welcome agreements are like - as full of holes as Jarlsberg, or any other holey cheese you care to name.

 

I named my holey cheese Fred :-)

 

I think when it all comes out we will discover the actuall amount is probably about a Grand less than the initial figures quoted. ( The extra sums are probably bonuses for the Validor Staff, sorry HFO Services Staff. No Sorry again, Validor Staff posing as HFO Staff).

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Morning - interesting one


At your Service

 

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Subbing, for when I get my computer back.


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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Is it dead BA:?::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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Is it dead BA:?::madgrin:
Leaky capacitors!

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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I always stick to natural GAS:painkiller::painkiller:


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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Hi Everyone - so I sent the Subject Access Request with the £10 postal order and have today received a letter back from HFO Services enclosing their own application for "identification purposes". I am very wary indeed in filling out this form which needs my signature and documents such as a driving licence/birth certificate etc. Any help here would be grateful!

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Dear Tosspots

 

You are perfectly happy to write to me at this address making threats and demanding payments.

 

You are clearly therefore absolutely certain that I am the person you think I am. My identity is therefore not in doubt, according to your own remit. The completion of your own form by me and the provision of personal documents is therefore unnecessary and, in any event, is not required to such an extent by the ICO.

 

You will therefore continue to comply with the valid subject access request. Failure to do so within the requisite timescale will result in immediate complaints to the Information Commissioner’s Office and the OFT.

 

Yours etc


“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

If a Cagger helps you, click their star. Better still, make a donation however small, so that CAG can continue to help others.

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Complete breach of the OFT Guidelines on debt collecting, get onto the OFT about this ASAP, the contact is Polly for HFO, don't know her surname offhand.

 

They have been communicating with you long enough for them to know you are who you say you are, no reason to abuse the Data Protection Act in this way.

 

The OFT should be able to help.

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I have been sending all correspondence I receive and send to the OFT but have heard nothing from them as yet. I will also contact OFT once again about this..

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Dear Tosspots

 

You are perfectly happy to write to me at this address making threats and demanding payments.

 

You are clearly therefore absolutely certain that I am the person you think I am. My identity is therefore not in doubt, according to your own remit. The completion of your own form by me and the provision of personal documents is therefore unnecessary and, in any event, is not required to such an extent by the ICO.

 

You will therefore continue to comply with the valid subject access request. Failure to do so within the requisite timescale will result in immediate complaints to the Information Commissioner’s Office and the OFT.

 

Yours etc

 

:lol:

 

As DB says, they are quite happy to send you confidential financial information reguarding an account they are claiming is not statute barred however they balk at sending you personal financial information about an account they are attempting to claim on and demand identification ? :-)

 

I'm sure the ICO would be glad to know they are demanding this information AFTER already sending you personal information.

 

S.


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I would write to them and state

''Your have been corresponding with

me at the address from which mt

SAR was sent, if therefore you are UNSURE

WHO YOU ARE CORRESPONDING WITH

I SHALL REPORT YOUR BREACHES OF THE

DATA PROTECTION ACT IMMEDIATELY TO THE ICO.

Please now expedite delivery of my lawful request

for ALL the data you hold on me or the account referred

to, please note that if you with hold any document

or information that you later intend to rely on in court

the matter WILL be reported to the court and the ICO.

 

 

Brig.

 

Brigadier2JCS

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I have just filled out a form to complain to the ICO should I hold back sending it until I send the next letter to HFO?

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No, feck ’em. Send it. They have transgressed.


“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

If a Cagger helps you, click their star. Better still, make a donation however small, so that CAG can continue to help others.

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No, feck ’em. Send it. They have transgressed.

 

I agree with the above eloquently put sentence. :-)

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Ok great will send complaint to ICO and the letter to HFO see what happens and again Ill keep you updated!!!

 

Many thanks again everyone for your help

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