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    • Hi Thankyou for your response    yes it is ! I sent of a SAR and within the comms Log Lloyds advised PRA  no CCA or paperwork available  .  hence account unenforceable.   The default is listed as PRA so does that mean it’s active ?  I can’t see a default for LLoyds on there.  I will follow your advice Thankyou 
    • i will guess this is:   a debt buyer dca cannot register a default notice    if the original creditor registered a default notice then get a copy of that  staple it to a letter to PRA and demand the account is removed from your credit file forthwith or a serious complaint will be registered with the ICO and financial compensation will be sought.   give them 14 days 
    • Good Evening,    Please may I ask for some information re default markers on Credit Report ?    I had a CC with a Bank default around Jan 2014. Nothing was registered on my Credit Report The debt was later sold on a few times. Eventually to PRA in 2017 where it is unenforceable.   On my Clearscore report that I have recently downloaded it says “ In default PRA GRoup 5th April 2017”. when I click onto this it shows no markings on any month from 2014. so my question is can PRA register the default from 2017. I’m unsure if it drops off from The bank in 2014 or after PRA registered in 2017.    thanks for any advice you can give   
    • there you go all done i thought i could see you'ed left your reg number and their PCN number in your pictures.   there are quite a few threads here on this only allowed 30mins on certain esso forecourts total rubbish ofcourse  and none haver gone anywhere so far FWIW.   dx      
    • Highly likely providing you were the first private buyer to purchase the car with HP or conditional sale outstanding the solicitors will conclude that you have good title and act accordingly  As dx says let consumer law deal with this, keep the vehicle well hidden just in case but if you turn up at the sellers work and cause problems and the Police become involved  its highly likely you will be the one with big problems 
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      We had a 10yr  finance contract for a boiler fitted July 2015.
       
      After a summer of discontent with ASG I discovered that if you have paid HALF the agreement or more you can legally return the boiler to them at no cost to yourself. I've just returned mine the feeling is liberating.
       
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    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
       
      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
       
      As a result he stopped paying and they have been unable to do anything, one even admitted it was unenforceable.
       
      If circumstances have got to the point where you are finding it unmanageable you must ask yourself why you feel the need to pay.  I guarantee you that these companies have built bad debt into their business model and no one over there is losing any sleep over your debt to them!  They will see you as a victim and cash cow and they will be reluctant to discuss final offers, only ways to keep you paying with threats of court action or seizing your assets if you have any.
       
      They are not your friends and you owe them no loyalty or moral duty, that must remain only for yourself and your family.
       
      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
       
      The money you are paying them should, as far as you are able, be put to a savings account for yourself and as a means of paying of one of these fleecers should they ever manage to get to to the point of a successful court judgement.  After six years they will not be able to start court action and that money will then become yours.
       
      They will of course pursue you for the funds and pass your file around various departments of their business and out to third parties.
       
      Your response is that you should treat it as a hobby.  I have numerous files of correspondence each faithfully organised showing the various letters from different DCA;s , solicitors etc with a mix of threats, inducements and offers.   It is like my stamp collection and I show it to anyone who is interested!
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Hfo CCJ/Charging Order taken over by link


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I have just received a letter from turnbull solicitors (working for HFO!).

 

They state they have now obtained a charging order on my property.

 

They took me to court early last year and I sent a defence to the courts

but could not take it any further because Turnbull refused to give me any information requested.

The proceedings went ahead regardless

 

then I had notice that they were applying for a charging order.

I immediately applied to set the judgement aside and

 

after 2 months had the court papers returned informing me that the case had been moved to another court.

I immediately forwarded the papers to the new court and heard nothing more

(this was in November of last year).

 

in the post today a letter arrived informing me that a charging order had been granted in court!

 

Help - what can I do?

I have continually requested all the usual information from turnbull

and HFO and have only ever been sent coloured photocopies

of deed of assignment from Barclays and a photocopy of my application for a credit card

but not a lot else! What do I do next????

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The first problem here is that once a Judgement has been obtained it is almost impossible to get it set aside by the CCA route. I am very much afraid that this is an example of the very bad behaviour of these DCA's and of a decision to ignore them.

 

I truely hope that someone with much more experience and knowledge will be along to offer some hope and help.

Every journey begins with a single step :):)

 

Please note: I have no qualifications in this area - my advice is learned from the wonderful members of this Forum. Thanks to you all for your help.

 

If you have found my post helpful please leave a short message by clicking the star to the left of my profile - Thank You

 

The only person entitled to your Personal Finance details is a Judge not a DCA

 

Move all banking activity to another banking group if you have a dispute - your funds can be used to offset debts within the same group.

Be careful with Banking details (card/account numbers) as these can be used to take unauthorised payments.

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You need to re-apply to get the original CCJ set aside asap.

 

You need to let us know the application details of your previous set-aside attempt as I dont think you can use the same reason twice.

 

Did you sent the notes to the court by recorded/special delivery? Do you know if they received them or not? Did you ever receive anything? Have you received from the court the judgement order?

 

If you havent received it from the court, give them a ring and ask for a copy of the judgement

 

I would send off a SAR to the original credit owner to request statements/copies of default notice/termination letter/cc application etc.

 

S.

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On Your Credit Card.

 

Where There Charges Ppi.

 

We Need A Reason To Set The Ccj A Side Somthing We Can Use To Counter Claim We Need Details.

 

Where You Out Of The Counrty Ill.

Id quot circumiret, circumveniat.

 

please do not take my word for anything please do your own research All that i make comments on are done in good faith and to the best of my knowledge

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Have the new letters come from the courts [ i am not sayind that the DCA could be trying nasty tricks cos we know they donot do that sort of thing ] if so contact the court and get all the info you can

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  • 1 month later...
Guest blackie

Did you ever get any help with the charging order. I wrote to these B.....ds requesting statements, deed of assignment and credit agreement. They slapped a charging order on me very quickly, by the time I received the paperwork from them the land registry said it was too late to object. However I wrote to them recorded delivery in November 2008 advising I intended to get the CCJ overturned and I have not heard a word from them until today, when they have written asking me if I want to pay monthy. The debt was orginally £3,000 but with their charges etc it came to over £5,000.

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  • 2 months later...

I have today received a letter from Turnbull stating that due to HFO not being able to contact me,

then they are going to enforce their Charging Order and force the sale of my property.

 

I have had dealings with HFO over the past 3 years claiming that they had taken over a debt from Barclaycard.

After much abuse they have constantly failed to supply me with a true copy of my original credit agreement

and all the usual stuff this wonderful website has advised us "debtors" obtain.

 

I then had notification that this matter was going to court and I duly sent off my defence

stating that HFO had failed to supply me with the correct information and documentation.

 

I then received the papers back with a note from the court stating that the hearing

was now being held at a different court,

 

so once again I sent off the paperwork that had been returned to me.

 

I had no notification of the new hearing date or indeed never heard anything more,

apart from a notice from Land Registry stating that HFO had notified them that

they were going to apply for a charging order. Land Registry advised me that

should a charging order be obtained then they would notify me immediately.

 

No notification from either Land Registry or the Court came through.

I then received a unheaded letter from HFO stating that a charging order had been obtained.

I requested a copy of the charging order and all went quiet for several months until today

when this letter and copy notice arrived through the post. HELP.

 

What do I do now? I cannot afford to lose my house ..... :confused:

I really do need advice on what do next anyone?????

Also, the majority of the outstanding "debt" is in fact charges made by Barclaycard

and charges and interest added by HFO.

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Have you contacted the court ? If they have then you need to set aside the judgment ASAP... (if indeed they have got a CCJ against you).... - Removal of CCJ's - Step by step guide to the process

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

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Hi Eddy

 

An Order for sale is the way to enforce a Charging Order, it would allows the claimant the right to take possession of the property and to sell it so that they can recover the monies within their charge. The process is applied via Part 73.10 CPR. For jointly owned property the court would also have to consider the Trust of Land and Appointment if Trustees Act 1996 (TLATA). S15 of TLATA outlines criteria which may give some protection against an Order for Sale.

 

Defending an Order for Sale

Responding to a claim

Under CPR 8.30

The defendant must

(a) file an acknowledgment of service in the relevant practice form not more than 14 days after service of the claim form; and

(b) serve the acknowledgment of service on the claimant and any other party.

(2) The acknowledgment of service must state –

(a) whether the defendant contests the claim; and

(b) if the defendant seeks a different remedy from that set out in the claim form, what that remedy is.

 

Regards

 

Andy

Edited by supasnooper
Removed OP original question from post

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Whoa steady Eddy....what did the court say ? Have you infact been given a CCJ and/or a charging order ?

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

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What I have been sent by Turnbull is a Final Charging Order in Guildford County Court granted on 7th Jan 2009. It is stamped by the court. It states that the court orders the charged created by the order made on 6th NOvember 2008 (?) shall continue. The interest of the defendant in the asset (ie my house!) charged with £5,974 owing under judgement given on 15th August 2008 (?) with any further interest becoming due and costs of the application. Then it schedules my address and title number.

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You also need to do some work to get the original CCJ set aside - you have good grounds. I'd suggest you ring the original court and try to find out what happened to the claim (use the original claim number as reference) and why judgment was entered against you when you had entered a defence (if, indeed, it actually has been). Come back and tell us what you find out - if you get the judgment set aside, the CO will also be removable.

 

But you need to defend the enforcement of the CO, as andyorch suggests.

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Thanks for that but do I need to respond to these low life solicitors?

 

Okay - the court tell me that their records show that my defence was not recieved (I still have the photocopies here!) and so no defence plea was heard. Where do I go from here?

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Did you send it recorded? And did you send it to the court, rather than to Turnbullsh1t Rutherford?

 

Can you explain what happened with the change of court? Could the documents have gone to the wrong court? Any detail would help.

 

Also, have you moved recently? It's odd that you did not receive a notice of the court's judgment, even if it was in default.

“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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May have sent it to Turnbull, really cannot remember. A CCJ was entered against me for the original debt with Barclaycard and then Turnbull went for blood and applied for a charging order without any further contact with me. The first I knew was when I received the documents from the court, so I immediately sent off my defence. About 3-4 weeks later, the court returned my defence with a compliment slip stating the hearing was now being held at Guildford County Court and no other details. I found out the address of Guildford County Court and duly forwarded on my defence to them. I never heard another thing from any court at all! And no, I have not moved.

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Why is this thread posted under my name Snoops?:confused:

 

"Last edited by supasnooper; Today at 12:57."

 

Regards

 

Andy

 

Just trying to sort this out as the OP has two threads on the same subject.

 

;)

 

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Threads merged. Will the OP please keep to one thread.

 

Help us to keep on helping.

Please consider making a donation, however small, if you have benefited from advice on the forums.

This site is run solely on donations.

 

You can make a donation

HERE. Thank you.

 

Any advice & opinions given by supasnooper 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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Guest blackie

hi I am also dealing with these predators, Turnbull Rutherfords, by the way are based in the same office as HFO. HFO phoned threatening all sorts, what they could do to my family, it was a time when my I had brought my father home from hospital to die. The phone calls were horrible sometimes as late as 9.30pm at night, from a Mr DeSilva. In the end had our phone disconnected, jstu wanted it to go away. Have to admit I ignored things. One thing followed another, father died, husband taken seriously ill, he had to pack in work due to ill health. Things are a little better now and thanks to sites like this I am starting to claim my life back. Have written to Turnbull Rutherfords several times, requesting CCA, they go quiet for a bit,then send a letter saying they can make an attachment of my earnings, I write back requesting CCA they ignore and go quite. Now going to apply to get CCJ set aside. Don't let these predators win, make sure that your case is not heard in Wansworth. Apply for it to be transfered to a court near you.

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Could someone please clarify whether I need to apply for the original judgement against me or the charging order to be set aside or both and, also, please, whether I need to respond to HFO's solicitors? Many thanks:confused:

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At a charging order hearing it is 99% normal that ONLY the charging order is heard....HOWEVER, if you attempt to set aside the original CCJ then it is usually heard at the same time...so basically what you have to do is challenge the original CCJ....if you don't then only the charging order will be heard - Removal of CCJ's - Step by step guide to the process

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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thank you

 

Just a thought, HFO have never been able to produce a CCA despite my many attempts to obtain one from them - all they have produced is a copy of my application form to Barclays dated in 1993. Surely, no CCA actually exists then?

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Almost certainly that is the case. It's only recently that idiots like Barclaycard actually got their paperwork in order and got people to sign the correct kind of contract/paperwork. It's their own fault for drafting such useless so-called 'agreements' in the first place. You're often asking for something you know they cannot produce, because you would never have signed one because they didn't actually produce them for anyone to sign way back then.

 

Stuff the moral argument - you know damn well they'd be dragging you through court if the paperwork was in order.

“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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