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    • Looking for a bit of advice on an possible malicious or fraudulent claim.   I received a letter today from my insurance company regarding an alleged incident three months ago and stating I had five days to respond or my no claims bonus could be affected if they settled the claim. It gave a date and postal code for the incident. I rung the insurance company and said I had not been involved in an incident on the day in question and was not even in the area. I am absolutely clear on this although the area is only about 15 miles from my home, it was Easter Monday and I know exactly where I was that day. I asked about the incident and was told that my vehicle had reversed into another car outside a shop. There are no shops in the area, it is purely rural farmland (so no CCTV obviously).   The insurance company said they would note my response and send to the claimants insurance company but would need to send an assessor out to take photos of my vehicle for any damage. My vehicle has no damage to the rear but does have a dent to the door from a collision with a deer that I have never done anything about.   My questions are ;   How did the claimant obtain my insurance details ? Does my insurer have to provide me with details of who the claimant is ? Could the dented door cause a problem because I didn't report it ? It is very obvious it is not damage from reversing into someone else. If I had been away on holiday and hadn't responded, would this claim just have been paid without me knowing about it resulting in loss of NCB ?  
    • It doesn’t say FINE anywhere on the documentation.    I don’t have the facility to scan the document, is there something in particular that you need to see? I can explain what is on there.    Thsnks 
    • CASE DISMISSED!!!   Thank you so much for all your help guys! Couldn't have done it without you!!! - donation on it's way (just waiting for some money to come in next week!)   That was pretty nerve wracking, I must say, but once I got into the flow of things, everything went well. Didn't help my nerves that the PRA rep was 30mins late!! Was hard to gauge the judge initially, but once I realised that she was well versed in the legislation and seemed to hold it in high esteem, I felt confident and the nerves dissipated a bit (lucked out there from what I hear from other horror stories!). She pretty much agreed with everything that I had said, and even highlighted things that I had thought about mentioning but didn't in the end, although she wasn't interested in my use of PRA v Mr Segal as it wasn't directly relevant; I knew this, but that wasn't why I was using it! I tried just once to explain my reasoning, but realised that the judge was ultimately for my case and so yielded quickly on that, rather than get her back up!   The best part was when the rep knew that case wasn't going his way, he then reverted to desperate tactics and referred to the fact that I was a day late sending the stuff to PRA and that I hadn't signed their copy; judge was not impressed with this argument at all, simply saying "Well the copy I have here was filed on time and signed". Not that that would have made a difference as by that point I had already explained my case, and she had agreed. She also had a go at them for trying to file the "response statement" without permission and disregarded it (as you thought Andy).   I felt sorry for the rep, decent bloke, very polite, asked if I had any questions for him afterwards, and kept highlighting the fact that he didn't work for PRA; think he knew it was a poor case and that he would have a hard job trying to fight it.   Something he said did concern me a lot though, and that was that he "couldn't guarantee that they wouldn't try again, either by appeal or by another claim".......not sure what this means and where it leaves me!! I questioned him about there being another claim as I don't feel that an appeal would be approved (although it could I guess!) and he seemed to think that they could come after me in a claim for arrears/interest? This threw me and ruined the feeling of joy that I momentarily had! I phoned National DebtLine to get some clarity on this and they seemed to think the same thing! Then I found this online:   "However, according to Late Payment Legislation law (see ext. link 10), a creditor is allowed to charge his debtor an interest fee, if the consumer has late payments and bad debts. I.e. a debt buyer can request an additional interest payment from his debtors as a creditor, and not as a DCA. The same late payment legislation allows such interest collection to begin after a 30-days default period." https://ecollect.co.uk/wiki/debt-collection-uk/   Found similar information on other sites and even on other threads on CAG. I know you said they couldn't add anything Andy, so now I'm confused.com!!! How can they claim for arrears or interest if the debt that said arrears/interest is based on is now deemed unenforceable by a court ruling???!!! That just seems ridiculous and means that this thing will never end!!!!!    
    • Thanks Honeybee   For PCN's received through the post [ANPR camera capture]   please answer the following questions.   1 Date of the infringement - 5/7/19   2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 11/7/19   3 Date received 16/7/19   4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?] Y   5 Is there any photographic evidence of the event? Y   6 Have you appealed? [Y/N?] post up your appeal] N Have you had a response? [Y/N?] post it up   7 Who is the parking company? Northern Parking Services   8. Where exactly [carpark name and town] 1 Kings Manor Newcastle NE1 2ST   For either option, does it say which appeals body they operate under. BPA   There are two official bodies, the BPA and the IAS. If you are unsure, please check HERE     I do not think there is ANPR at this location but there are photos of the vehicle in a parking space The PCN has a "vehicle observed from"  date..... and time......  "to date..... time.....  
    • Hi,sorry for delay in respnse, just started a new job.   LBA here   Sports Direct 1st June 2019   Dear Sir/Madam, On 26th January 2019 I bought a pair of Phantom VSN in size 11 from Sports Direct Chingford. Please see my details of purchase below. ..... screen grab from bank statement of card payment .... On the 27th June 2019 I was surprised to see that the sole of the right boot had torn open at one of the rear studs, making the boots unusable. Please see picture below. ..... picture of torn sole of boot .... The Consumer Rights Act makes it an implied term of the contract that goods be as described, fit for purpose and of satisfactory quality.  I do not feel that an £85 pair of boots should fail after five months of being used for nothing other than their intended purpose. As you are in breach of contract I am rejecting the boots and request that you refund the sum paid to you of approximately £85 which I trust you will be able confirm from your records. I have bought a replacement pair of the same boots from your website on the 28th June 2019 as my son needed boots almost immediately, for that reason please give me a full refund of the original purchase price. I am today returning the faulty boots along with this letter to the Chingford branch of your store. If I do not receive your satisfactory proposals for settlement of my claim within 7 days of the date of this letter, I intend to issue a claim against you in the county court without further reference to you. Yours faithfully,   They replied by email to say this ............. Thank you for send your football boots for a further inspection.   I would like to advise you that on inspection it is our belief that the issue is due to wear and tear and not an inherent manufacturing fault. I appears that the stud had been caught on something which has caused it to rip apart from the sole.   Sadly, I am afraid for this reason we are on this occasion unable to offer a replacement or refund for your boots.   I have now returned your boots to you.   Apologies for any disappointment caused. Kind regards, ................ The boots arrived back to me today   I assume I now make a small claims claim?   Thanks Micky  
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melmumof3

HFO CAPITAL/services/turnbull CCJ

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Yes fill in the xxxs and dates, attach your two exhibits, sign and date it, send it to the court by Special Delivery, dont bother sending a copy to the other side.

 

Try to read and understand what it says, dont be afraid to ask questions about it on here, if you dont quite understand something, we are all here to help each other.

 

I think it will be too big to go on MCOL, only 8000 characters are allowed, and anyway you cant put attachments on there

 

GOOD LUCK


Please note i have no legal training any advice i give comes from my own experience and from what i have learned on this site

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Yes fill in the xxxs and dates, attach your two exhibits, sign and date it, send it to the court by Special Delivery, dont bother sending a copy to the other side.

 

Try to read and understand what it says, dont be afraid to ask questions about it on here, if you dont quite understand something, we are all here to help each other.

 

I think it will be too big to go on MCOL, only 8000 characters are allowed, and anyway you cant put attachments on there

 

GOOD LUCK

ok got ya, will do and will read through it, and i will defo ask if i dont get something. thanks so much youve lifted a ton weight from me

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Melmum

 

You will have to edit the defence. There is a limit of 8000 characters if you file electronically. The defence as written has over 13000 characters.


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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hello all, can i just have a quick piece of advice cake please .....

the 2 exibits im to send. the letter i sent HFO requesting CCA, and the first time HFO sent 'application form'... HFO have sent me photocopies of the letters ive sent them in past,can i send the copy of the CCA request? as i dont seem to have the copy myself(derrrrr i know). also the first application form and cover letter, should i photocopy it first before isend the only copy i have?????

thankyou regards mel

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If your having a problem with the exhibits, don't send them, just delete the lines "exhibit attached marked A", and the same with B.

 

Its not that important...what is important is that you get this to the court in time!!


Please note i have no legal training any advice i give comes from my own experience and from what i have learned on this site

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thanks have done that andjust sent special delivery. thankyou for the help

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Hi Melmum,

 

Firstly, CALM down, there is no point getting stressed.

 

Second, you are in the hands of one of the best CAG members, Creditcardmug, he is a fantastic guy and has seen off more DCA's than he's had hot dinner's.

 

My advise, rather than just posting help, it to read as many threads as possible, esp those concerning HFO (just type HFO) into the search area.

 

Having a quick look through your thread you have these idiots on more than one cock up.

 

NO default notice (or flawed)

Their POC stating they have given you time to pay etc etc, but they issued Court papers just days after 'BUYING' the debt.

Wrong figures

No valid CCA

 

 

Read and absord as much info as you can reqarding those points as although someone can write your defence, you will need to understand it.

 

You may also want to send the SAR request to the OC, I suggest this one

 

http://www.consumeractiongroup.co.uk/forum/payment-protection-insurance-ppi/118145-sar-ppi.html#post1198765

 

This will give you ALL information on the account, including the balance when it was 'SOLD'

 

Second, I would check my credit rating through one of the agencies. This will show if HFO was entering details of your account prior to 'buying' it.

 

This could cause them huge problems if they were.

 

We all know that these companies don't really buy and sell these debts and thanks to PT, UK26, Toulse etc, we will soon prove this.

 

Keep your head up

 

 

Jogs

hi

well ive just got round to checking credit report, and well well well, HFO have entered a default against me on te 15th march 09. also the figure on this is £2,722, but my total amount on court claim letter is over 4k?????:mad:

and also another DCA Marlin have also put a default in on the 29th march, i have not heard a dickiebird from them in months, and DEFINATELY havent received a default noticed, they have gona as far as sending my sainsbo's app form and thats it.

what happens now then peeps?????:confused:

ive printed it all off, did i need to do this????

 

regards mel

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As far as getting defaults off your credit file, this is a whole different ball game to this court claim...it can be very difficult..there are a number of threads on here about it, suggest you have a look round the forums, use the search facility


Please note i have no legal training any advice i give comes from my own experience and from what i have learned on this site

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hello ppl,

today ive receied allocation questionnaire from turnbull. they've sent statements photocopied, notice of assignment which i believe was from M&S as i did ring M&S at the time, and they said they hadnt sent me any letters since whenever date they told me. ive yet to submit my allocation questionnaire. im just looking for a bit of moral support today, that im doing all the right things etc. hfo have said my claim is generic...is it??

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hi all,

ive received paperwork from turnbull regarding my court papers, they have said the made an error in their online claim, and have changed the claimant name from hfo services to hfo capital... wouldnt they have known there claimants name in the first place ????

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Have they given any details of HFO Capital? Like an address?

 

Did you get a Notice of Assignment from HFO Services or HFO Capital?


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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Have they given any details of HFO Capital? Like an address?

 

Did you get a Notice of Assignment from HFO Services or HFO Capital?

hi ive been through all my paperwork. some of it says hfo services ltd, and i did have a letter from turnbull a few months ago which states hfo capital ltd. i have a default notice served under the CCA act 1974 with the heading hfo services. on that it states original lender, date of assignment current creditor as hfo capital ltd, and collection agents as hfo services ltd. i guess this has cleared it up now. they sent letter to say they are changing name of claimant, and that they are willing to negotiate an amicable settlement. tthe are seeking leave to apply for substitution of hfo services to hfo capital as the claimant.

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Yes but did they state the address of HFO Capital either on the NOA or one the amended POC?


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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I should add that both HFO Services & Turnbull have the same SOLE director. In other words, one person runs both companies and so you can't have either the solicitors or the agents blaming each other for making the same mistake. They are all one and the same. More bovine excrament from Wimbledon!


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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Apparently they are no longer in Wimbledon (the postie told me) so I suspect they are only operating from Weybridge now with 'outsourced services' in India and athe Phillippines (I suspect the former to be the most active, the latter are a newer lot).

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just a quick update.. or not so..!

havent heard anything at all since the letter from court saying they need to change HFO name. Is this normal to be waiting this long to get a court date??? ive not had any more letters either from HFO......i was going to try ring the court, but didnt know who to call etc..

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You could call the court office and give them the case number. They should be able to give you an update.


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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I wouldnt bother ringing HFO, the court is the best bet here.

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just rang, the lady on phone did say something about 'order made without hearing???' which she then said 'i would cross your fingers love'? confused

i asked her what it meant, and she went to speak to someone else, she said the claim hadnt be recognised, and that she is going to put it to the judge as it isnt right....very confused, has it been 'forgot about' by the court?

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Sounds like HFO may have not filed THEIR stuff in time. If the claim hasn't been recognised and goes before a Judge then there is a problem with the claimant, rather than yourself. As you have filed an aq ring the court back and remind them of it.

 

I think that HFO have been rumbled by the courts and are giving up.

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ive not heard from HFO either since july, this is when they asked court to change the claimant name.

can i ask what i should ring court back and say ive filed, it has a link which brings up a book about small claims procedure....?

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Just ask them have they put your AQ with the case, it may be sitting in an intray separate (it has been known...)

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just rang the court back, they said my AQ was filed 11th june, and is with my case. they have referred back to judge, and i am ringing on monday.

this is all new to me, sorry dont always understand the jargon lol...

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Let's hope it's good news.


“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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