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    • Well I sent them the letter of claim, the only responses so far was a few emails reopening the claims on the parcels where they asked for information such as proof of value (which I get) but other things like photos of the parcels, which I haven't got as I never took photos of them. It's been well over the 14 days since I sent the letter now anyway, so what do you think I should do now?
    • Know it has already been answered, but? Does not explain why JCI has registered a different default date when they get the information from the original creditor, Virgin
    • Since you were stopped at the time there is no requirement for the police give you anything there and then or to send you anything before they have decided how to deal with the offence.  They have three choices: Offer you a course Offer you a fixed penalty (£100 and three points) Prosecute you in court  The only option that has a formal time limit is (3). They must begin court proceedings within six months of the date of the alleged offence. Options (1) and (2) have no time limit but since the only alternative the police have if you decline those offers is (3) they will not usually offer a course beyond three months from the date of the offence and will not usually offer a fixed penalty beyond four months from that date. This is so as to allow time for the driver to accept and comply with their offer and to give them the time to go to option (3) if he declines or ignores it.  Unless there is a good reason to do otherwise, the action they take will usually be in accordance with the National Police Chiefs' Council's guidance on speeding enforcement. In a 40mph limit this is as follows Up to 45mph - no action. Between 46mph and 53mph - offer a course Between 54mph and 65mph - offer a fixed penalty Over 65mph - prosecution in court So you can see that 54mph should see you offered a fixed penalty. Three weeks is not overly long for a fixed penalty offer to arrive. As well as that, there has been Easter in that period which will have slowed things down a bit. However, I would suggest that if it gets to about two months from the offence date and you have still heard nohing, I would contact the ticket office for the area where you were stopped to see if anything has been sent to you. Of course this raises the danger that you might be "stirring the hornets' nest". But in all honesty, if the police have decided to take no action, you jogging their memory should not really influence them. The bigger danger, IMHO, is that your fixed penalty offer may have been sent but lost and if you do not respond it will lapse. This will see the police revert to option (3) above. Whilst there is a mechanism in these circumstances  to persuade the court to sentence you at the fixed penalty level (rather than in accordance with the normal guidelines which will see a harsher penalty), it relies on them believing you when you say you did not received an offer. In any case it is aggravation you could well do without so for the sake of a phone call, I'd enquire if it was me.  I think I've answered all your questions but if I can help further just let me know. Just a tip - if you are offered a fixed penalty be sure to submit your driving licence details as instructed. I've seen lots of instances where a driver has not done this. There will be no reminder and no second chance; your £100 will be refunded and the police will prosecute you through the courts.
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    • We have finally managed to obtain the transcript of this case.

      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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      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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HFO services and Cabot finance


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hi doc man and patrick, well done docman !!

how did u manage that one!?! more info would be great on here! on pm me....also well done patrick!

with us, its just silence..havent heard anything atall from them !!?

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i think so they try to be secretive but i found this on page 7 or 8 on google they were adverising for staff.the postcode matches the PO BOX one i have but on official letters they delibaretly leave out the main address and make you ring 0800 number.

 

I was contacted today by HFO through a 5 year old barclaycard debt of £681.00 the last time i used it was 2003 i admit i run away from my debts but iam keen to sort it have tried ringing but constantly get an answerphone message.

 

I also live in Jersey now does anyone know if they can chase me know i technically do not live in the UK and my work contract means iam here for another 4 years. Also anyone have issues with the following

 

Legal recoveries and collections limited nottingham £900 uni fees debt

 

credit solutiuons limited purley surrey £800 vodafone debt

 

wescott credit services £2000 barclays debt

 

Apex Credit management stratford upon avon 100 lloyds tsb debt.

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just edit this letter to suit MR MATHEW....

Dear Sirs,

 

Account Number: XXX

 

Re; My recent request to your client under section 77-79 of the Consumer Credit Act 1974

 

I note that your client has replied to the above by sending a copy of an application form and. I must inform you that this is not sufficient to comply with the request and that your client is still in default under the act.

 

To clarify, just sending the Terms and Conditions is a breach of the Act and Regulations as, apart from the information that the Regulations provide that you may exclude, the copy must be a “true copy” of the agreement.

 

This breach of the agreement can be demonstrated as follows;

As you will know section 180(1) (b) authorises, “the omission from a copy of certain material from the original, or the inclusion of certain material in condensed form.” This refers to statutory instruments made under the heading Copies of document regulations and in this care in particular to SI 1983/1557.

 

Before leaving section 180 there are two other sections that should be remembered these are:

 

Section 2(2) (a) A duty imposed by any provision of this Act (except section 35) to supply a copy of any document is not satisfied unless the copy supplied is in the prescribed form and conforms to the prescribed requirements;

 

And more importantly

 

Section 2(b) A duty imposed by any provision of this Act (except section 35) to supply a copy of any document is not infringed by the omission of any material, or its inclusion in condensed form, if that is authorised by regulations.

 

You will see that this quite clearly states that whilst certain items may be left out of the copy document the rest of the document must be in the form and contain all items as prescribed by the regulations.

 

Turning to the regulations regarding what may be omitted from these copies these are contained with SI 1983/1557.

 

The regulations state:

(2) There may be omitted from any such copy-

(a) any information included in an executed agreement, security instrument or other document relating to the debtor, hirer or surety or included for the use of the creditor or owner only which is not required to be included therein by the Act or any Regulations thereunder as to the form and content of the document of which it is a copy;

(b) any signature box, signature or date of signature (other than, in the case of a copy of a cancelable executed agreement delivered to the debtor under section 63(1) of the Act, the date of signature by the debtor of an agreement to which section 68(b) of the Act applies);

 

It is quite clear what can be omitted from the copy document, this again asserts that all other details of the agreement should presented in form and content as required by the regulations.

 

The requirements of the Agreement regulations 1983/1553 are very explicit in describing the form and content of an agreement and this as I have demonstrated also applies to the copy of any such agreement with the above mentioned proviso.

 

Nowhere within these regulations does it state that part of the agreement can be presented on a separate document headed terms and conditions.

It does state that all terms and conditions should be within the agreement document and is explicit of the form in which it is presented.

 

I hope this explains why your reply was unacceptable I await a True copy of my agreement and would remind you again that whilst the request has not been complied with the default continues

 

If it is your intention to take me to court then I will require the following information which you are obliged to disclose under the Civil Procedure Rules, the information and documents detailed below

 

1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened. (and not an application form which does not contain the prescribed terms required under the Consumer Credit Act)

2. All records you hold on me relevant to this case, including but not limited to:

 

a. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor

b. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with *********.(AMEND TO THE COMPANY NAME)

c. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

d.Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

e. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

f. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

g. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

h. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

i. Copies of statements for the entire duration of the credit agreement.

 

3. Any other documents you seek to rely on in court.

 

 

I will require this information within the next fourteen days. I must advise you that if the information is not forthcoming, it will be reported to the Court that you are trying to frustrate proceedings and denying me the opportunity to file a defence and counter claim.

 

Yours sincerely,

 

XXXX (type, don't sign).

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  • 2 months later...
Hi,

 

You can now report them to Trading Standards etc, if you like!

 

 

Jeff.

 

hi jeff, i have a small problem aswell, very similar circumstances with hfo services, but they have acknowledged receipt of my CCA request, but not supplied it as they told me i must go to my original creditor to get it. They have exceeded the 40 day deadline for supplying it and committed the criminal offence, but still they take me to court asking for an extension of stay for 1 month and that they are still waiting for the information requested. In my counterclaim to the court i put that the debt was unenforceable as they did not supply me with the information in the required time limit.I am stuck, what should i do? who do i need to talk to about the criminal offence they have committed, and will this be classed as unenforceable by the court because they have exceeded the legal deadline?

any help would be much appreciated

thanks

Rachel

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To all of those of have had, or are having problems with HFO Services, contact the Companies Investigation Branch - I have started a thread.

 

With regards to HFO's website, the company is breaching Companies House Regulations by not listing on it's website it's registered business address.

 

Make a complaint to the CIB, they might be more helpful thatn Trading Standards. Contact the Home Office and suggest that you think that HFO is employing illegal immigrants.

 

What you could do is ring them up, and then put the phone near some speakers and play some music very loudly and leave your phone off the hook for some time. Childish I know.

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Hi - am new to this group and hope someone can help! My husband received a card from FirstLogisticsDirect recently. As we were expecting a package I called them from my work to arrange delivery. Although the card said that the object needed to be signed for - it didn't. It turned out that our experience was just the same as other's on this site. They asked me if he still lived at the address, to which I replied "yes". they then asked for a contact telephone number but by now alarm bells were ringing!! Anyway, letter duly arrived in post from HFO yesterday. I believe that the next step is to demand a copy (or original??) of the relevant Credit Agreement and that they have 12 days to respond and that this needs to go recorded (or registered??) delivery. Have tried a few links that I believe went to a template, but no luck. Can anyone help with the correct wording of such a letter. I would be very grateful for some direction. Will be reporting my experience so far to TS and OFT. Is is worth telling police, also?

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Not sure if link is working so here you go

 

 

1 High Street,

Newtown,

Kent

R21 4RH

 

June 28, 2006

 

The Loan Company

Company House,

Church Street,

Newtown,

Kent,

R1 7HG

 

Dear Sir/Madam

 

Re:− Account/Reference Number 4563210025897412

 

With reference to the above agreement, we would be grateful if you would send us a copy of this credit agreement.

 

We understand that under the Consumer Credit Act 1974 (Sections 77−79), we are entitled to receive a copy of our credit agreement on request. We enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

 

We understand a copy of our credit agreement should be supplied within 12 working days.

 

We understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

 

We look forward to hearing from you.

 

Yours faithfully

Mr A N Other

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have just had "shane"on the phone telling me that my son was being charged with racial harrassment and that they and the police would be at my house between 3pm and 5pm to arrest my son for racism and to charge me with trying to commit fraud by not paying my debts. he went on to admit that hfo had bad ways. when i told him that he was not from the race relations but from hfo hs replied that hfo have 16 different deptsthat i would find that out if i done reserch. told him that i had reserched his company and that his boss was a crook he wanted to know where i found that out and what proof i had i said its all over the internet. he then said he would phone me back in 20 mins with mr harper i said great cant wait ti talk to kevin harper. needless to say up until now no phone call from mr harper and no visit either. cant wait for next installment

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hi iam having trouble with hfo services well my partner is through barclaycard first we got the card then just 2 LETTERS then w have been getting the phone calls they spoke to me even though iam not on the card details and just been threating they call between 3-4 or mre times a day and this bloke named BRIAN just gos on and on HE IS ABUSIVE AND VERY RUDE TO ME OR MY PARTNER IAM ON TABS FOR HIGH BLOOD PRESSURE AND DREAD THE PHONE RINGING PLEASE HELP WE OWE JUST OVER £1000 NOT THE CROWN JEWELS BUT A ENOUGH HOW CAN WE SORT THIS OUT PLESE HELP

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What 'Brian' is doing is unlawful and should be reported. What you need to do next time this bullying barsteward phones is to take charge. Tell him you are recording the call and that you will not discuss anything on the phone. Set the phone down and go and do something useful. Have they written to you yet. Have you sent them the great DCA silencer letter A CCA REQUEST??

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ive been looking in here seen cca iam not sure what it all means its just harraement they also want our bank card details and i said NO they want a big payment up front i said no nothing works just phone call one after another he asked for loads i said if i had loads wudntbe in this situation who do i get in touch with bout the phone calls also wud the C.A.B help thanks for replying JEFF AND ODC

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Hi NYH

 

Welcome to CAG. Our 'friends' in wimbledon are just a load of nasty bullies. There is a letter you can send telling them to only write but they would probably ignore it.

 

I suggest that everytime they ring, just say "Wait until I start my recorder." Shake the phone to make a noise down the line and say to Brian or his mates, "The time is now xxx on xxx day. Can you just state who you are and where you are from?"

 

Let him answer but then refuse to answer any personal ID questions or for them to 'take you through security'. There is no requirement under the Data Protection Act for you to divulge any personal information. If they say otherwise, ask them to quote the section of the Act.

 

Make a note of the time and date of the call, the name of the caller and the length of time for the call in a separate log.

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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ive been looking in here seen cca iam not sure what it all means its just harassment they also want our bank card details and i said NO they want a big payment up front i said no nothing works just phone call one after another he asked for loads i said if i had loads wudntbe in this situation who do i get in touch with bout the phone calls also wud the C.A.B help thanks for replying JEFF AND ODC

 

 

 

 

Hi,

 

 

If they keep ringing, do not give your details, refuse to answer any of their security questions, tell them to send everything in writing only and then hang up!

 

If they continue to call, send this:

 

 

Your Street

Town

City

Postcode

 

 

DATE HERE

Company Name

Road

Town

City / County

Postcode

 

Re: Harassment by telephone

 

 

ACCOUNT NUMBER: XXXXXXX

 

Dear Sirs

 

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

 

I have verbally requested that these stop, but I am still receiving calls. (Delete if necessary)

 

I now require all further correspondence from your company to be made in writing only.

 

I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

 

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

 

Be advised that any further telephone calls from your company will be recorded. (**Even if you don‘t yet have recording equipment!!**)

 

 

Yours faithfully,

 

 

 

[NAME HERE]

 

 

 

 

If they still continue after they have received that letter, then report them to Trading Standards at your local council and also to the Office of Fair Trading!

 

 

Also send them a CCA request, you can use scarletpimpernel's letter:

 

 

Re: Account no: xxxxxxxx

 

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77(6) will apply.

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is drawn to ss.5(2), 3(b), 6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

If you do not understand this letter, you should seek professional advice.

 

 

 

 

Don't forget to send them recorded delivery. Or at least get a proof of postage receipt from the PO!

 

 

Regards, Jeff.

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  • 2 weeks later...

After many harassing phone calls from H F O to our company telephone requesting information about a former employee, I took the folliwing action. I sent the company the following email and as of yet all contact by H F O has stopped, should anybody wish to adapt the email for their own use I have no objections at all. I hope you have the same success as i have

 

----- Original Message ----- From:

To: [email protected]

Sent: Wednesday, July 16, 2008 11:46 AM

Subject: contractual negotiation

 

 

 

Good morning, I rang your office yesterday regarding your reference ******** and requested that you remove our company phone number ********** from your database, this request was refused. Due to the fact that all of our telephonists are self employed and have been told that due to the data protection act we have the right to refuse to give you any information regarding employee's/ former employee's. As we are self employed you will be aware that our time is money and therefore I would like to inform you of our terms and conditions regarding receiving calls from your company and associates. This offer is a lifetime offer and will be activated as a contract as soon as any member of your company/ associates of your company dial the above number ******** or alternatively my personal mobile number **********. upon connection to this phone number you will be accepting the charge of £1000 for connection and £1000 per minute thereafter. I would like to reiterate that the second any member of our team receive a call from your company you will be accepting our terms and entering into a contract. Many thanks for your time. I look forward to hearing from you. Refusal to accept these terms upon entering this contract will be deemed that your sole intention is to harass members of our team and that you will accept liability under the law regarding harassment and therefore will be liable to a law suit.

Ps All calls from your company will be logged and recorded and billing will be sent accordingly.

(a printed copy of this contract offer will also be sent to my solicitor and the financial ombudsmen).

 

yours sincerely ********** MD

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