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    • The "grief tech" firms helping users create talking avatars of their dead relatives.View the full article
    • I do disagree with you regarding one thing - we are not very good with letters or these situations and are slow on the uptake. So far you have stood up to Excel and their threats, immediately given us the information in the sticky, done loads of reading up to educate yourselves, learnt from the mistake of outing the driver so you'll know not to do so in the future, got on to the organ grinder to try to get them to call off their dogs, etc., etc.  Good grief - we wish everyone who came here would do this!!! Most people who get these invoices sadly think they have been fined and if they don't pay a drone from Ukraine will be diverted and will fall on their home (or some such vague grand apocalyptic threat) and they fold and give in.  You haven't.  Well done. Don't worry - you won't be paying a penny.  Although it will take some time to see off this vile company.
    • Spot on!  You learn quickly. Who cares if the case gets sent to debt collectors?  They have no powers.  All the effort you will have to put in will be to open envelopes - and then spend time laughing at their daft "threats".  No stress at all!
    • I did ask them why, but seems they have more spare cash than we do .. ;-( .. I doubt their bank would even support a chargeback after a year has passed. Anyway I've constructed my first DRAFT Snotty Letter .. so here goes ..   RE: PCN 4xxxxx Dear ALLIANCE PARKING Litigation Dept, Thank you for your dubious Letter Of Claim (dated 29th April 2024) of £100 for just 2 minutes of overstay. The family rolled around on the floor in amazement of the idea you actually think they’d accept this nonsense, let alone being confused over the extra unlawful £70 you had added. Shall we raise that related VAT issue with HMRC, or perhaps the custodians of the unicorn grain silos? Apart from the serious GDPR breach you’ve made with the DVLA and your complete failure in identifying the driver, we’re dumbfounded that the PCN is still not compliant with the PoFA (2012 Schedule 4 Under Section 9.2.f) even after 12 years of pathetic trial and error. We also doubt a judge would be very impressed at your bone idleness and lack of due diligence regarding the ANPR entry / exit periods compared with actual valid parking periods. Especially with no consideration of the legally allowed grace periods and the topological nature of the Cornish landscape versus a traditional multi-storey. And don’t even get us started on the invisible signage during the ultra busy bank holiday carnage, that is otherwise known as the random parking chaos in the several unmarked over-spill fields, or indeed the tedious “frustration of contract” attempting to get a data connection to Justpark.  We suggest your clients drop this extreme foolishness or get an absolute hammering in court. We are more than ready to raise the issues with a fair minded judge, who will most likely laugh your clients out in less time than it takes to capture more useless ANPR photos. We will of course be requesting “an unreasonable costs order” under CPR 27.14.2.g and put it toward future taxis to Harlyn Bay instead.  We all look forward to your clients' deafening silence. Legal Counsel on behalf of the Vehicle Keeper.  
    • Hi,t I'm not sure if I'm posting in the right subsection but General Retail appears to be the closest to it I think... About a year and a half ago I got a new phone so I listed my iPhone 10 on eBay.  The listed stated 'UK only' and 'no returns accepted'. Considering I had had the phone for about 4 years, I myself was amazed that I had kept it in such good condition all that time - apart from being slightly scuffed around the charging port there was absolutely nothing wrong with it. It had the original box, its unopened original Apple cable, plug, and earbuds, and I threw in a case for it and It had always had a screen protector on it. Someone wanted it from Armenia, and I stupidly agreed to it.  She paid and I sent it off, fully insured. Not long after she received it, she sent a message saying it 'was not as described', so I asked to see photos of whatever was the problem.  She sent two photographs of the box.  Just the box.  I said I wasn't even going to consider refunding her unless she told me what she meant by 'not as described'.  I thought, if it's been damaged in transit, then it would be covered by the insurance. Anyway, she didn't respond at all, even though I had messaged her several times, so she opened a case with eBay. I have sold a fair few things of mine on eBay in the past buy had never had had anyone come back to me asking for a refund.  I got in touch with eBay several times by phone and by email, and found out they always side with the buyer, no matter what with their 'eBay Seller Guarantee'.  She had been told she could keep the phone and told me they would recover the money from me from my account blah blah.  So I unlinked all of my cards etc and changed my bank account to one that I never use with no money in it. My account got suspended.  I continued to try to explain to eBay that I had been scammed but I got nowhere. My account was permanently inaccessible by this point. I reported the phone stolen and the IMEI blacklisted but I'm not sure if that would make any difference being in Armenia, but it was all I could think of to piss the buyer off. A couple of months later I was contacted by email by a debt recovery company (I can' remember who now), to whom I explained I will not discuss the matter with them until I had received an SAR I had requested from eBay. As I could no longer access my account, I couldn't review the communication I needed to show I was not in the wrong. The SAR was produced but I was advised that the information I was looking for would not be included but I said I wanted it anyway.  There were so many codes etc. and hoops to jump through to access it, that even after trying whilst on the phone to them, I still couldn't get into it, so I never got to see it in the end.  I think they said they would send the code by post but they never did and I forgot about it after a while. I've just come across a couple of emails from Moorgroup, asking me to phone them to discuss a private matter regarding eBay.  I haven't replied or done anything at all yet.  The amount they are trying to recover from me is £200ish from what I remember. I know it's not that much but I don't want to pay the b*astards on general principle. I've had a lot of useful advice from CAG in the past about debt collectors but it has always been about being chased by creditors, I've never been in this situation before. I don't know what power they legally have to recover the 'debt', and most importantly, I am two years into a DRO, and the last thing I want is another CCJ to shake off if I'm cutting my nose off to spite my face.   Any advice gratefully received!!
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      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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HFO services and Cabot finance


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Yes they are completely evil I think...even worse than Cabot (if that's possible). I woud suggest everyone who has had a problem sends a complaint to the Office of Fair Trading in London. Contact name is Andy Lowther. Briefly outline your experience. You will only get a sort of polite repy but trust me they are keeping files on such debt collectors and if they get enough they will act. Turnbull Solicitors is in the same building and part of the same company. Have a look on the Debt and Debt Colectors threar there are two or three very interesting posts about HFO.

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yes i have read them, it just cant believe what we are hearing! we are due to get a call back on monday and they have asked for atleast a token payment of around £400! which we obvisouly havent got and they also said for us to defer are mortgage payments for 3 months in order to pay them!! we are already dealing with all clear finance who pay are creditors and have been paying off our morgan stanley credit card and they froze interest on it, now hfo are saying that they will not accept this payment and they dont deal with third parties..this isnt legal is it?

we were told that they should do, they also said that they are not a debt company?!? really?...the website said that they are.

what would are first steps in this case? should we speak to them on the phone?

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everyone who has had a problem send your complaints to the Office of Fair Trading in London. Contact name is Andy Lowther,this is best advice time HFO AND MORGAN STANLEY/GOLDFISH were tarred with same brush,this hfo are a shower and do not speak with them just pick up phone and ask who is calling and what does it concern as soon as they reveal this information,just tell them put everything in writing and put your phone down,and repeat this message on every single call thereafter..patrickq1

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yes i have read them, it just cant believe what we are hearing! we are due to get a call back on monday and they have asked for atleast a token payment of around £400! which we obvisouly havent got and they also said for us to defer are mortgage payments for 3 months in order to pay them!! we are already dealing with all clear finance who pay are creditors and have been paying off our morgan stanley credit card and they froze interest on it, now hfo are saying that they will not accept this payment and they dont deal with third parties..this isnt legal is it?

we were told that they should do, they also said that they are not a debt company?!? really?...the website said that they are.

what would are first steps in this case? should we speak to them on the phone?

NEVER SPEAK TO THEM ON THE PHONE

What they are telling you to do is a complete and utter breach of OFT Guidelines on the collection of debt. Have a read

 

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

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and if they take us to court and the court can see that we are paying through a debt management plan?...will the re payment that we were paying, or are paying still remain the same would you think?..as we have no extra money we could pay them or we wouldnt be doing a debt plan if we did!

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A CCA request is a formal request to a DCA requesting that they supply you with a copy of the credit agreement you signed. They have 12 working days to produce it. Send the letter N from the link below. Send it recorded delivery with a £1 postal order. Do not sign the letter and remember to write at the top of it I DO NOT ACKNOWLEDGE ANY DEBT TO YOU OR ANY COMPANY YOU PURPORT TO REPRESENT

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-162367.html

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If the cannot supply it within 12 working days THEY are in default and a debtor can legally refuse to pay. If they still have not produced a properly executed agreement containg all the prescribed terms after another calendar month they commit a Summary Offence and should be reported to TS if they make any more demands for money

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I have today recieved what in my eyes was a threataning phone call from a person called Philip at HFO Services, He said he was the manager i think ( i found him hard to understand with the accent he had) He told me that i owed over £3k to a company called Welcome Finance who had sold the Debt on to them. I was aware the debt was there. Anyway to cut a long story short He called me whilst i was at work i explained that i could not talk to him, but if he could call back in the morning i would talk then. He refused and said this needs to be sorted immediatley. I said i am a single bloke earning not much money, so i could only afford £40 per month. He said this was not enough and that it should be at least £170 with an immediate payment of £100 to stop a distress warrant being issued. I said that its too expensive and i simply cant afford the high payments. He then informed me that coz i aint paid today, someone will be visiting me for payment!

 

I see other people have had dealings with this company. Where do i stand?? HELP!!

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finally i have now sent my CCA to HFO ,though only just out of hospital i have decided that CCA first and when they fail to produce i shall then start with my complaint to TRADING STANDARDS,furthermore i shall also be making a formal complaint to the ICO and TS against MORGAN STANLEY for failing to produce under SAR notice (failing to produce all letters call records and the CONTRACT and for passing this debt to a third party whilst in dispute)so i will keep you all posted

patrickq1

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well it has been seven days since i CCA HFO

and this morning i have received from MORGAN STANLEY THAT WITH EFFECT FROM THE 14 JUNE 2007 WE HAVE SOLD YOUR ACCOUNT TO HFO CAPITAL LIMITED

from now on ,you must accordingly direct all payments due under the agreement(no agreement no contract has been shown by MS they have defaulted under the FOI)

as well as correspondance and enquiries ,to HFO SERVICES which is servicing the account on behalf of HFO CAPITAL LIMITED

NB.

although the assignment does not effect the terms and conditions of your agreement,you should note ,that from now on.no variation,ammendmant,release or waiver of your obligation to make payment may be granted without prior written consent of HFO SERVICES LIMITED

As i see it HFO will be in breach of the CCA within the next five days ....what will my options be,i am of a mind to write by registered letter again to MS and remind them that they have during default passed this debt to another party and they are still in default for not supplying the contract /agreement...is their any wording i should use

patrickq1

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I'm sure DaveFireWalker won't mind be posting this here for you he is in the same boat and so is my daughter. I don't know how to do a link, have tried before, but useless OAP.

 

Quote

just in case any of you are still reading this rather boring thread

 

just fired a letter off to morgan stanley...(another one I'm going after)

 

the cheeky so and so's have "assigned" my debt......not while its in dispute they havent

Dear Sirs

 

I am again in receipt of a third party letter demanding payment of my account this time from HFO services. Apparently you have unlawfully assigned this debt!

 

As you already know, this account is in dispute and has been for some time. Your promises of the refund of my charges have come to nothing, as is I suppose your promise of removing the unlawful default placed against my account.

 

You are in default of section 78 of the consumer credit act in that you still have not supplied an executed agreement. You are also in default of section 85 in that as no executed agreement exists you could not possibly have complied. I have let this lie for some time, but will now act upon it. I believe that the “agreement” is improperly executed and unenforceable at best, unexecuted and irredeemably unenforceable at worst. I shall be filing an N1 as soon as I get my POC sorted.

 

While this default exists you may not enforce the debt at all. This includes demanding payment or passing the debt onto third parties. You have already been previously warned via Section 10 of the data protection act about unlawful processing of inaccurate data. I shall also be doing a check on this and if it is found that you have been continuing to process my data inaccurately and unlawfully I shall file a complaint with the information commissioner.

 

This default has gone past the deadline for a criminal offence to have been committed and a complaint is being prepared for the relevant authorities. This offence carries a fine of £2500 or 6 months in prison or both.

 

Continuing to ask for payment will further compound this offence and will also be seen as harassment .

 

I hope to see you in court very shortly

 

 

and I have also sent this to HFO services

 

HFO services ltd.

 

 

Dear sirs

 

Please find enclosed my letter to morgan Stanley / goldfish

 

Please be assured that I know my rights, and will not be bullied.

 

I again state that all contact MUST be in writing, so that an evidential trail can be produced in court, and that any calls WILL be recorded without further warning.

 

If you feel like taking me on I suggest that you make sure that you have a PROPER copy of my EXECUTED regulated agreement.

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yes isny it funny how, the bill just seems to keep going up and up!! it was originally £3047 last year with morgan stanley and we are pagying them through a debt managent compnay and now it has been sold to hfo and we have recieved the exact letter as to what patrick was sent from morgan stanley stating that the balance was something elses..then recieved a letter from hfo in which the debt is now just over 5k!!!!

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ok , many thanks! just had a phone call from them tonight saying that they are sending round 2 field investigation people round on saturday at 2pm! how funny, we asked to put everyting in writing, there reply was ' sorry, thats not possible'...we have just hung up!!

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TWO Doorstep Dickheads? They must be worried that you might shout loudly and reduce a Single Simpleton to tears.:D

 

I take it you won't be putting the kettle on when they call. :lol:

 

Perhaps the kettle will be on for the police when they come round to shoo them there field agents away :lol:

Just hate every DCA out there

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