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    • County court name of which your submitting the N349...which would be your local county court ...your the litigant.   Speak to your LCC for details of payment.   https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/726426/ex325-eng.pdf   https://www.gov.uk/government/publications/form-n349-application-for-third-party-debt-order   Andy
    • Hospital car parks are no place to employ sharks, at least in Wales Hospital parking is free, and PPCs verboten.
    • Update:   A couple of weeks further along, and the charge has now been cancelled. In that regard alone the outcome is acceptable.   In the interim ...  There have been additional demands from CPP/PE in the most glorious and laughable obfuscated prose/legalese I have pressured PALS I have chased past correspondence I have contacted other Execs I have involved my MP who has now acted I had primed the local newspaper who was planning a piece this week   However ...   - PALS didn't respond until I complained in person after almost 2 silent weeks; then promised to help and a couple of days after that advised that the Hosp had said thye had no authority over the Parking Co. I told them the hosp had told them wrong, explained why and pressed them to go back ... since when I have heard nothing despite chasing them. - UHCW Trust Estates & Facilities Dir. is yet to respond, though contact was *only* a week ago. - UHCW CEO/Chief Administrator has never acknowledged/replied-to any of my letters/chases. - UHCW CEO/Chief Admin reacted immediately to MP letter however by passing it and my correspondence to Estates and Facilities Dir to deal with, who in turn replied to MP with cancellation, who yesterday copied that to me for confirmation received this morning.   Passing thoughts ...   - People who could/should have been dealing with it for the injured party elected not to. - PALS has good intentions but is useless if they don't have a leaflet on it - will follow the Hosp line on everything else without questioning their words. - The Trust's Administration is not approach-friendly, in this instance stating "... car parking managed by a Private Finance Initiative Service Provider"  and that therefore  ".. Trust has no power ...  in the processes applied by CPP .." Oh, really?!  - Trust accepted CPP's word that the equip't was not faulty as claimed, not the rather more reliable word of a visitor having been put to considerable inconvenience at 5 a.m.and who went to some length with staff to deal with it instead of buggering off home. - CPP "have agreed (to cancel) as a gesture of good will." WHAT?! THEIR good will? THEY are willing to let MY failings pass and kindly make allowances? Couldn't be more self-delusionarily wrong!   Sadly, I can guarantee that what is actually important in all of this will not get any attention   - providing an alternative payment method for patients/visitors for when the equipment malfunctions ... at any time not just the wee-hours ...  and tell staff ...  and put notices up. - UHCW taking any notice of their culpability in CPP's unlawful breaching of GDPR in accessing keeper details now that it has been brought to their attention. Head In Sand.       All of this comes of course from pulling-up the drawbridge and deny, deny, deny. It is the knee-jerk response of almost all large organisations, but one for which there should be no place in a Hospital Trust that should strongly want to distance itself from uncaring attitudes and irresponsible practises.   Anyway ...   Anyone finding this because of a similar issue of their own, my strongest advice is to heed the advice given to you on this forum - it put me straight on to the right path and got rid of some nervous uncertainties which makes all the difference to peace of mind, something that CPP relies on to add pressure for those who aren't aware of what's what.   My thanks again to all who kindly helped.            
    • At the investigation yes, they are seeing if they can build a case.   Like the police interview you before deciding if you are going to be charged. Not everyone is charged as some people have done nothing wrong!   If you tell people what the investigation is about before they go in, a proportion will use that knowledge to prepare really good lies. That's why companies don't do it.   I would have a read up on the ACAS site of guidelines for both investigations and disciplinaries.    https://www.acas.org.uk/index.aspx?articleid=1874
    • So they've back-tracked on their original statement that his insurance has been voided. If it's not been voided and was in force at the time of the accident there is no role for MIB. MIB gets involved if a driver was uninsured at the time of the accident, but 1st Central are now telling you he was insured. In the response you have had from MIB that is what they say, he was not uninsured. Whoever it was who told you that the policy had been voided was, by the sound of it, telling you something that simply wasn't true.   I've never heard of 1st Central but from their website it's clear they are an insurance broker not the actual insurance company https://www.1stcentralinsurance.com/who-we-are  As a broker they are acting for their client, the driver, and have no duty to be impartial in considering whose fault it was.   So looks like you have no option now other than to start a small claims court action against the driver.
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melmumof3

HFO CAPITAL/services/turnbull CCJ

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It is brief and certainly does the job well enough. Many would be less polite to this firm. That said, there is always the posibility that HFO would use an impolite letter against you. It doesn't hurt to stay polite even though you may have to grit your teeth. I certainly do when dealing this bunch. I suggest something along the lines of

 

"Dear Sirs

 

I enclose herewith my Amended Defence which has been filed with the Court to answer the points in the Court's Order of 7 October.

 

I have considered the Particulars of Claim and the documents you have belated supplied. I do not believe that the documents substantiate your claim and that you have no prospect of success. I invite you to discontinue the claim to avoid a futher waste of the Court's time.

 

Yours faithfully....."

 

Doc


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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oh thankyou doc,

much less vague than my effort....will now go post it first recorded!!

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getting all very stressed, havent got a clue what is said in a court room, a month to go. what do i need to take with me, and do I just make sure i know all my defence word perfectly?? sooo sooo scared, not sleeping very well at all:-(

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Hi melmumof3 please dont lose sleep over these scumbags! I am following your thread because I too am being chased by these muppets HFO. Yet to produce a credit agreement only an application form. That probably wont stop em though. Good luck and I'm sure all the caggers are routing for you!!

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hi guys

ive had a 'general form of judgement or order' letter from court.

its says

upon reading the court file IT IS ORDERED THAT

Unless Claimant pays hearing fee by 4pm 11th november, the claim be struck out and trial be vacated. Dated 28th october 2009.

the date on this letter is 2nd nov 2009.

as you know i wrote last week that HFO had sent me papers they had sent to court, apologising for 7 day delay and said they had attached fee on 28th october. Im confused againnnnn.........

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Best to check with the court. If they have paid the fee, albeit late and it crossed with the order, the court will let it move forward. The court should have now had enough time to process any payment, so worth a call.

 

Otherwise, let's hope they time themselves out...


“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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it is also worth sending a copy of the HFO letter to the judge ?cause if they have not posted the payment then they may get their knukles rapped and for trying to intimidate you into paying them monies they do not deserve ?


http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

 

 

 

Advice & opinions given by patrickq1 are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional

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Well, you know now that they told a blatant fib about when it was paid. More evidence, if you needed it, of the kind of people you are dealing with. Typical - right, sleeves rolled up... time to see off these hellbound bottom-feeding pieces of sh.....


“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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Hi mel

 

The Court Order probably crossed with HFO's cheque. It's now going to be a waiting game for you to see if HFO respond to your amended defence. But don't expect a quick reply from them. It's all part of the mind games they play. What you must do is to put the case OUT of your mind for the next couple of weeks if you can. Easy to say I know.

 

If you can't put the case out of mind, then have a look at the excellent sticky above on the basics of consumer credit litigation. Well worth a read to reassure you.

 

About 10 days before the hearing you should put your thoughts about what you will want to say in court down in writing. I'm suggesting something that in larger cases is known as a 'skeleton argument'. The court can order a skeleton to be lodged in fast track cases but I don't think they do so in Small Claims cases. Someone more knowledgable may know better.

 

Once you get into court, you should read the skeleton out loud, as your speech. You just need to put down the basics of your defence but in your own words. At points, you can make a note of where you refer to a statute or regulation. Similarily, at points where you refer to a legal case, you can make a note to hand a copy of the case to the judge. As DB says, sleeves rolled up to deal with these sh##s!


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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thanks all x

still i have no idea what to expect or what i need to say on the day lol....

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Hi mel

 

The Court Order probably crossed with HFO's cheque. It's now going to be a waiting game for you to see if HFO respond to your amended defence. But don't expect a quick reply from them. It's all part of the mind games they play. What you must do is to put the case OUT of your mind for the next couple of weeks if you can. Easy to say I know.

 

If you can't put the case out of mind, then have a look at the excellent sticky above on the basics of consumer credit litigation. Well worth a read to reassure you.

 

About 10 days before the hearing you should put your thoughts about what you will want to say in court down in writing. I'm suggesting something that in larger cases is known as a 'skeleton argument'. The court can order a skeleton to be lodged in fast track cases but I don't think they do so in Small Claims cases. Someone more knowledgable may know better.

 

Once you get into court, you should read the skeleton out loud, as your speech. You just need to put down the basics of your defence but in your own words. At points, you can make a note of where you refer to a statute or regulation. Similarily, at points where you refer to a legal case, you can make a note to hand a copy of the case to the judge. As DB says, sleeves rolled up to deal with these sh##s!

will i find the relevant things i need on cag?.... or just google these things ive referred to in my defence?....im soooo scared. im really worried ill look and make a complete prat of myself.

ill make a start on it i think as i like to be well prepared really. i need to know my stuff, and have a month to do i guess.

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ive been reading the points made in my defence, the court cases referred to, the points of the relevant consumer credit act etc... do i print off all these things??? i just dont understand any of it really, im reading these words some make sense i guess. im physically drained and feel sick and just want to cry...

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have spent 2 hrs reading Pank's won case with hfo (banging headache now)... is it similar to my case? i was trying to find somewhere i can sort out a skeleton, but i still have no clue where to begin.

i just need reassurance ive done everything correct so far with regards to this.

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mel

 

You have done everything you need to for now. Just relax and stop worrying.


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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yep ive done all i can, no good comes of worrying myself sick... thankyou doc x

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hi all,

today ive received a letter from m and s on proper m and s paper too would you believe lol!!! confirming that HFO was assigned account 30/6/08.

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Won't change the world, but it's useful - it shows that HFO just make documents up, irrespective of the facts.


“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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ive been reading the points made in my defence, the court cases referred to, the points of the relevant consumer credit act etc... do i print off all these things??? i just dont understand any of it really, im reading these words some make sense i guess. im physically drained and feel sick and just want to cry...

 

 

the points of the relevant consumer credit act etc

 

yes you can print the relevant points/acts and use them for reference in case the judge has to look them up just hand your copies to him her and also for your own peice of mind you can read the points to note and memorise them and try to make sense of them this will give you tremendous courage when its needed dont be afraid HFO will likely not turn up and if they dont or even if they do you have enough data to help you through the proccess


http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

 

 

 

Advice & opinions given by patrickq1 are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional

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hi all

 

need some advice/support

cakking it today, feeling very depressed, just cant seem to get through this without worrying constantly.

 

have had the witness statement and skeleton arguement from TR today.

its stating claimant HFO capital, it begins witness statement by saying alastair turnbull is a solicitor conduct of matter on behalf of claimant ' hfo services ltd' (confused already)...

it states a copy of first default notice has not been supplied to me. it says a default notice was sent by claimant in 27th march 09.

it says assignment date of 30 july 08.

it goes on to say tha paragraph 3 of notice of allocation dated 7th oct 09, ordered me to file a fully particularised defence in light of documentation already disclosed by the claimant. the defendant purported to comply with the order by serving an amended defence on 29th october 09.

 

the skeleton argument says

the defendants amended defence raises several issues

notice of assignment

the executed credit agreement

monthly repayment

the default notice

 

'the notice of assignment and default notice unequivocally state that hfo capital is the assignee of the account and that further queries and payments are to be made to hfo services (the assignees agents)'

they state s.136 of the law of property act 1925

 

it goes on to say the

' defendant relies upon s.61 of the CC act in asserting that the prescribed terms to be incorporated within one document, signed by both parties'

its says ' the signatue box of credit application states, this is an agreement regulated by CC act 1974, sign only if you want to be legally bound by its terms'

' due to prescribed terms clearly being incorporated, any issue of enforceability under s.127(3) of the act, for non compliance with s.60(1) is misconceived.

 

default

defendant asserts that as she was not given 14 days, as opposed to 7, to remedy her breach of agreement, the DN is invalid and amounts to unlawful rescission of the contract which prevents the court from enforcing debt. goes on to say about the last time ive paid, and says

' defendant has since shown no intention to remedy her breach of agreement. to argue that had a further seven days been given she would have remedied the breach, is wholly without merit.'

 

conclusion

the defendants reliance on irrelevant minutiae, and bare denials of sums owed and documents received. is illustrative of her seeking to avoid payment of the debt.

 

 

i hope this all makes sense, ive not typed it all out, shattered me what ive have typed!..

i havent done my skeleton defence yet, and do i need to do a witness statement, and do i need to take this to the court soon????? im really really scaredddd.......HEEELLPPP please x

Edited by melmumof3

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He appears to have acknowledged that the default notice was invalid - game over! I can't believe a solicitor came up with that pile of sh1te. Well, in TR's case, actually I can...


“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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thanks docman and donkey,

 

do i need to do a skeleton defence, and a witness statement???

 

and do i need to take to the court before hearing? dont want to do anything wrong....

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hi all

being taken to court by HFO on the 2nd dec. i have a thread 'HFO sent court papers today', and wondered if someone could help me do my skeleton defence as ive no clue where to begin. ive submitted an amended defence, and understand a skeleton defence is a brief version of the main defence, but i cant seem to find a template to see how to begin it.

 

do i need to do a witness statement, and do i need to take these to the court office before the hearing date?? am new to this, this is my first time in court ever, and really at a loss how it works...

 

would be grateful if some one can help, im a bit stessed and quite scared:-(

 

thankyou in advance

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Hi Melmum,

I have just had a hearing for a Summary Judgement and was sent a huge bundle with a Witness Statement by the other side and due to lack of time, my 'bundle' comprised of two pages...

 

In order for anybody to help you can you post up some more details and then I'm sure one of the more experienced Caggers will be able to help you some more.

 

Just to put your mind at rest, the hearing I went to was all very civilised and not half as scary as I thought it would be.

 

I'll keep checking in to see how you get on.

 

Cheers

fdpm


I'm a L-Plate cagger - new at all this but determined to learn as much as I can, to help as many others as I can, and to fight back as often as I can!:-x

Any help or advice from me is offered in good faith, based on my knowledge and experience gained either from here or from my own cases. I am NOT a legal expert. There are several other CAG members and the site team who are much better qualified than me. Please do not make any decisions based on my advice alone.

Donate as much as you can to this site as often as you can! We need to keep on helping each other.

 

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Hi melmumof3!

 

Your situation sounds very much like what my father was going through...I believe you read the thread at a early stage and I didnt update is much towards the end because of other commitments.

 

My dad's case was dismissed in the Court and I can tell you that the other posters are right, TR are fighting a losing battle with your case and they know it.

 

http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/189806-hfo-turnbull-court-proceedings.html

 

The witness statement and skeleton argument is pretty much what they used including word for word:-

 

"conclusion

the defendants reliance on irrelevant minutiae, and bare denials of sums owed and documents received. is illustrative of her seeking to avoid payment of the debt."

 

Hang on in there, I worked on my dads defence from the fine examples in another posters case (Pank).

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/169400-hfo-services-help-wanted.html

 

In my dads case we focussed on the lack of a valid Credit Agreement and Invalid Notice of Assignment. Its a good starting point but most importantly dont lose hope now - now is the time to stick the boot in!!

 

Good Luck

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