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Hfo CCJ/Charging Order taken over by link


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eddy

 

You will need to follow the steps outlined in 42man's post above and also send in a copy of your original defence to the court. But be careful with HFO - they do read posts and cannot be trusted. If you sent them your defence thinking it would be sent to the court, well, think again!

 

If you want any help on your defence, just ask.

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 suggest you may like to contact the court where the original judgment was made and ask if the application can be transferred and heard in your local court. Once that happens, you could then ask your local court to either amend your application for the judgment to be set aside to also include an application to set aside the charging order. Alternativley, at worst, your local court may require you to make a separate application to have the charging order se aside, but IMO that's just asking for more money for the court.

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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  • 2 months later...

Ok - tried to get judgement set aside but court dismissed case. Pointed out had only photocopy of original application form to Barclaycard and solicitors for HFO only produced the same and a seperate photocopy of the terms and conditions. Does an application form from the 90's constitute a credit agreement? Help please as I really do not know what to do next......

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Was there a hearing and did you attend? Did HFO oppose the set aside?

 

Also, in whose favour is the charging order - HFO Services or HFO Capital? And exactly when was the original claim form issued? When was the debt sold to HFO?

 

There are plenty of issues to look at. But we need to step back a bit...

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HFO did oppose the setting aside, they sent in a witness statement and said that I had no right to set judgement aside. Could not go because of work and I seriously cannot afford to lose my job. HFO got the original judgement for the debt which was sold to them by HFO Capital. The original order was, I believe, in 2008 and then last year HFO applied for the Charging Order. Does the application form actually make a Credit Agreement with Barclays because the way HFO portrayed this, then it does?????

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HFO did oppose the setting aside, they sent in a witness statement and said that I had no right to set judgement aside. Could not go because of work and I seriously cannot afford to lose my job. HFO got the original judgement for the debt which was sold to them by HFO Capital. The original order was, I believe, in 2008 and then last year HFO applied for the Charging Order. Does the application form actually make a Credit Agreement with Barclays because the way HFO portrayed this, then it does?????

 

1. What documentation do you have that you can post on here?

 

2. Any application form would need to have the prescribed terms on it to be enforceable.

 

3. Do you have a copy of their Witness Statement to post on here?

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the witness statement is pages long, including deeds of assignments (never supplied to me) a copy of the application form which is quite badly blurred and a separate copy of the terms and conditions which I do not know whether were the original as it is just literally a page with them on so I do not know whether it is enforceable or not.

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Will try, have to sort scanner first as never used it before:confused: Will try and do it tomorrow ...

 

You will be doing yourself a big favour, believe me.

 

If the course of this case is anywhere near as similar as the ones we have been alerted to reg. HFO then you will have all the help you need here.

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Sorry to say it eddy, but you did cock up the set aside a bit ... a no-show hands it on a plate to them I'm afraid. But that's all water under the bridge - so let's work on getting this back on track. They don't have the courts in their hands - it's just that, as a litigant in person, they can exploit your mistakes and lack of knowledge.

 

You'll learn from the process, I promise! Also, apologies for the fact that you really didn't get all the guidance and help you needed last time - but the onus is on you to ask for the help. You could have received a lot of assistance on the set aside issue, for example.

 

As VJ says, please pull together all the documents you have - the original notice of assignment, CCAs, anything they've sent.

 

Quick question - who is the charging order in favour of? This looks like a HFO Cayman => HFO Services situation. If so, there could be fun ahead...

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Wow, just read your post vs HFO and it reads very very similar to mine! including the terms and conditions!!! Maybe there is hope???????

 

Of course there's hope! Mistakes can be overcome! If you have a look at Broken Arrow's thread too, it's equally astounding and inspirational!

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/144119-hfo-court-claim.html

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Wow, just read your post vs HFO and it reads very very similar to mine! including the terms and conditions!!! Maybe there is hope???????

 

"...and where there's a will there's a way" Stone Roses, So Young.

 

Sorry to say it eddy, but you did cock up the set aside a bit ... a no-show hands it on a plate to them I'm afraid. But that's all water under the bridge - so let's work on getting this back on track. They don't have the courts in their hands - it's just that, as a litigant in person, they can exploit your mistakes and lack of knowledge.

 

You'll learn from the process, I promise! Also, apologies for the fact that you really didn't get all the guidance and help you needed last time - but the onus is on you to ask for the help. You could have received a lot of assistance on the set aside issue, for example.

 

As VJ says, please pull together all the documents you have - the original notice of assignment, CCAs, anything they've sent.

 

Quick question - who is the charging order in favour of? This looks like a HFO Cayman => HFO Services situation. If so, there could be fun ahead...

 

DB is correct; not turning up isn't a great excuse because it is your case.

 

That said, there might be the opportunity to work something out so try and get those docs on here quick sharp!

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Ok - tried to get judgement set aside but court dismissed case. Pointed out had only photocopy of original application form to Barclaycard and solicitors for HFO only produced the same and a seperate photocopy of the terms and conditions. Does an application form from the 90's constitute a credit agreement? Help please as I really do not know what to do next......

 

May i asked did you get a CCJ in default.

 

Did you ever see the DOA between Barclays and these people

 

What did you use to try and get it set aside ,what reasons did you used.

 

Did you ever attend court

 

 

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VJ, do you think HFO are getting fed up of the HFO Fan Club yet?

 

I don't know... they gave up pretty sharpish in my case. Just goes to show what a little rugged tenacity can yield ;-)

 

It also helps when the Claimant makes your case for you with certain documentation.

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There's no way those T&Cs are part of the same document as the application form. The copy quality is different in each, and the app form is a stick-and-fold job = address on the back.

 

Usual cobble together job. Can you rescan and get everything in? Are there any references/codes in the corner of the documents? We really do need the best scans you can give us. This gets forensic!

 

Is the app form really that illegible, or is it a bad copy?

 

Just looking for discrepancies in the T&Cs - but looks like HFO have added any old T&Cs to the front.

Edited by DonkeyB
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