gavandcarly & HFC issues, now find i have a CCJ i knew nothing about

[BankFodder]

If you aren't able to come up with a defence to their claim which has a reasonable chances of success at trial then - especially with the length of time which has passed, I don't think that you have much of a chance

[dx100uk]

if you can prove that the DN/Claim Form/CCj were sent to the wrong address and that HFC knew your real address you might stand a chance.

 

i'd also bet knowing HFC

your debt is littered with penalty fees and compulsory PPI etc etcWE need more ifo on the debt history please

 

p'haps your first post of call is an SAR to HFC

 

dx

[gavandcarly]

There are no PPI fees, and they have agreed to remove penalty fees. So the amount is defiantly correct.

 

I owner my own house at the time that HFC apparently sent the notices, so the only proof I have is that of the mortgage of the house that I owned...

 

I don't have any proof that I informed HFC of change of address though....

[dx100uk]

i hope they included the int charged on those too.

 

 

never trust HFC

 

too many bad examples of very poor customer relations.

 

dx

[dx100uk]

http://www.consumeractiongroup.co.uk/forum/showthread.php?329781-gavandcarly-amp-HFC-issues

 

is this linked?

 

dx

[gavandcarly]

Sorry yes it is, I totally forgot about that thread.

 

I am going to SAR HFC go from there.... Thanks for your help.

[dx100uk]

ok i'll merge them to show

past advice so's we dont repeat yourselves

[gavandcarly]

Just a quick question guys...

 

How long legally are a company allowed to take in order to provide you with an SAR?

 

Thanks.

[citizenB]

Just a quick question guys...

 

How long legally are a company allowed to take in order to provide you with an SAR?

 

Thanks.

 

 

40 calendar days - You should send the request via a tracked method.. Recorded/Special Delivery - Keep the receipt and check the RM website a couple of days after sending and print off the delivery/signature pages.

 

If you are sending a Postal order for the fee, then keep the receipt given you by the post office as you will need that to check if the PO has been cashed a bit later on.

[gavandcarly]

perfect thanks.

 

They said it would be 40 days, but just wanted to check if that was correct.

 

I have done it all by email, and they wavered the £10 charge....

[dx100uk]

blimey

i hope that does not mean they are not duty bound to supply everything then either?

 

dx

[gavandcarly]

what does that mean?

[dx100uk]

an sar is reliant on the payment of a fee

 

dx

[gavandcarly]

what can I send them to ensure they are going to supply me with a proper SAR?

 

Please help...

[dx100uk]

lets see what happens.

 

i think they'ed be pretty stupid to turn around to a judge and say we didn't supply all the data because it was not paid for.

 

i'm justalways very weary of HFC, been battling them for years

 

dx

[gavandcarly]

Hey guys, just a quickie:

 

Before the court send me the notification of judgement, are HFC not supposed to notify me that a CCJ is going to be served upon me in order to allow me a certain time frame to resolve the account?

[dx100uk]

yes ofcourse the process detailed before

 

dx

[gavandcarly]

What would this document be called please so that I can request a copy of it as I never received such a thing?

 

I never received a default notice from them, but when I requested a copy of it they emailed it to me.

 

However it doesn't mention that they are going to take me to court.

 

Thanks for your help

[dx100uk]

post 77 refers

 

pers i'd await the sar

 

dx

[gavandcarly]

Ok I shall take your advice and await the SAR.

 

Thanks again.

[Ganymede]

Hey guys, just a quickie:

 

Before the court send me the notification of judgement, are HFC not supposed to notify me that a CCJ is going to be served upon me in order to allow me a certain time frame to resolve the account?

 

Do you mean pre issue? If so the Claimant should send a Letter Before Action warning of the forthcoming claim to be issued.

 

If you're talking about post issue then Claimant doesn't need to serve you with anything notifying you that they will apply to enter judgment if you don't settle the account.

 

The Court serves the Claim Form and the Court serves a copy of the Judgment.

[gavandcarly]

What is the different of pre issue and post issue? Sorry I am not very good with these sort of things?

 

I missed a few payments back in 2010, HFC apparently sent a default notice which I never received, they have now emailed me a copy of it, and they then issued me with a CCJ, in which I received no paperwork from either.

 

I was just wondering if HFC should of sent me a letter after the default notice to state that they were going to issue a CCJ?

[Ganymede]

Pre issue is before the claim is submitted to Court, post issue deals with everything after the Claim Form is served on you by the Court.

 

Really the Claimant should have sent you a Letter Before Action after the DN but before issuing the Court claim.

 

Also, and sorry to be pedantic, but the Claimant doesn't issue a CCJ - only the Court can do the. The Claimant issues the claim by sending the Claim Form to the Court.

[gavandcarly]

Thanks for that.

 

Did HFC by law have to send a letter before action? Or can they just go ahead an submit a claim to the court?