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    • Please see my comments on your post in red
    • Thanks for your reply, I have another 3 weeks before the notice ends. I'm also concerned because the property has detoriated since I've been here due to mould, damp and rusting (which I've never seen in a property before) rusty hinges and other damage to the front door caused by damp and mould, I'm concerned they could try and charge me for damages? As long as you've documented and reported this previously you'll have a right to challenge any costs. There was no inventory when I moved in, I also didn't have to pay a deposit. Do an inventory when you move out as proof of the property's condition as you leave it. I've also been told that if I leave before a possession order is given I would be deemed intentionally homeless, is this true? If you leave, yes. However, Your local council has a legal obligation to ensure you won't be left homeless as soon as you get the notice. As stated before, you don't have to leave when the notice expires if you haven't got somewhere else to go. Just keep paying your rent as normal. Your tenancy doesn't legally end until a possession warrant is executed against you or you leave and hand the keys back. My daughter doesn't live with me, I'd likely have medical priority as I have health issues and I'm on pip etc. Contact the council and make them aware then.      
    • extension? you mean enforcement. after 6yrs its very rare for a judge to allow enforcement. it wont have been sold on, just passed around the various differing trading names the claimant uses.    
    • You believe you have cast iron evidence. However, all they’d have to do to oppose a request for summary judgment is to say “we will be putting forward our own evidence and the evidence from both parties needs to be heard and assessed by a judge” : the bar for summary judgment is set quite high! You believe they don't have evidence but that on its own doesn't mean they wouldn't try! so, its a high risk strategy that leaves you on the hook for their costs if it doesn't work. Let the usual process play out.
    • Ok, I don't necessarily want to re-open my old thread but I've seen a number of such threads with regards to CCJ's and want to ask a fairly general consensus on the subject. My original CCJ is 7 years old now and has had 2/3 owners for the debt over the years since with varying level of contact.  Up to last summer they had attempted a charging order on a shared mortgage I'm named on which I defended that action and tried to negotiate with them to the point they withdrew the charging order application pending negotiations which we never came to an agreement over.  However, after a number of communication I heard nothing back since last Autumn barring an annual generic statement early this year despite multiple messages to them since at the time.  at a loss as to why the sudden loss of response from them. Then something came through from this site at random yesterday whilst out that I can't find now with regards to CCJ's to read over again.  Now here is the thing, I get how CCJ's don't expire as such, but I've been reading through threads and Google since this morning and a little confused.  CCJ's don't expire but can be effectively statute barred after 6 years (when in my case was just before I last heard of the creditor) if they are neither enforced in that time or they apply to the court within the 6 years of issue to extend the CCJ and that after 6 years they can't really without great difficulty or explanation apply for a CCJ extension after of the original CCJ?.  Is this actually correct as I've read various sources on Google and threads that suggest there is something to this?.
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      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

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      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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.

      Frankly I don't think that is any accident.

      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.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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HFC / T.B.I financial services Ltd after 7 yrs


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Dear Forum

I had taken out a credit with HFC bank (courts) £2075 which i pay'd back over 75%.

I left UK in 2001 to start a new life.

Then i get a letter in the post from T.B.I Ltd Stateing there collecting the debt which has been handed to them

I returned a email saying where's the evidence as i think its a hoax

Do i pay them? where do i start as there seems to be many places here to read Help me please.

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  • 9 months later...

Hi

 

We had a loan with HFC which we have paid back as per an agreement (along with quite a few others) at £18 per month for 12 years!!! Never heard a dickie bird. All of a sudden we recieved a letter from TBI wanting a periodic review. At the moment I am also not convinced this is genuine as last year we recieved another letter from a recognised debt collection company regarding an outstanding debt. But when we wrote to them we received no response and never have since. At the moment I'm ignoring this until I get another letter. Then I'll panic

T J :p

 

 

S.A.R Sent 21/8/06

Statements and microfiche received 11/10/06

Request for payement of charges 29/1/07

LBA sent 21/2/07

MCLO filed 26/3/07

Acknowledgement of service recieved 4/4/07

Defence filed/received - transferred to Southend 30/4/07

Stayed unitl 27/6/07

Allocation & Case Management Conference 17/7/07 14:00pm

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  • 9 months later...

I am currently being chased by TBI. I have now lived in Italy for 6 years and not heard the proverbial dickie bird from HSBC. All of a sudden I get a summons to appear in my local court. I wrote to TBI's appointed lawyers for information. They sent nothing. I phoned TBI and the guy who signed the summons denied doing it. I also spoke to someone else at TBI and asked for documentative proof. by email and post. Nothing arrived. I am going to court next week. This should be interesting to say the least.

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  • 2 months later...

This is all very interesting. I have an old debt in UK from about 1999 for 5500 pounds from HFC Bank. At the time I made a voluntary agreement to pay 1 pound a month in return for no interest or fees being added. That agreement is still in force and is being paid (by my mother in UK). There was no way I could have paid 150 pound a month at that time which is what they were asking for.

 

I have been resident in the USA since 1996 and am now a US Citizen. Just last week my mother gets a phone call from TBI asking about me because they have taken over the debt and claim that the money hasn't been paid for some time. She gives them my email addy and address here in the USA. This week I get an email first saying why haven't you replied to the original email (which I never got). I replied I didn't get the first email. Then they resend the first one which states the payment on the account is up to date and they asked my mother to cancel the direct debt (it's a standing order) so that I can set up monthly payments (yeah right..from USA with variable exchange rates and wire-transfer fees!). I haven't replied to them yet and the email shows the account is paid up to date...so much for the lie about it not being paid for some time.

 

Is the debt legally enforcable now after 10yrs? I know about the rules on contact with the creditor meaning the 6yr clock is never started but was a CCJ ever issued against me by HFC in the first place? I never had a copy of it if it were. How would I find out if one was issued originally within that first 6yr period? I believe if a CCJ was never issued, they can't get one now.

 

Thanks.

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  • 1 month later...

Think you are a little confused over some points. A CCJ would have been issued if you went to court and lost, did you? They may have issued you with a default notice, which is not the same. If you have been making payments then it is not statute barred (6yrs) and they can ask for payment. By discussing the debt with your mother they have broken Data Protection Laws.

 

Send a request to HFC for a copy of the Consumer credit agreement (bet they wont have it), send a Data Subject Access Request to TBI for the info they hold on yo. This should also show if they have bought/been assigned the debt or just collecting on behalf of HFC. It makes a difference as to what they can legally do. The templates for these are on the site put a search in then send off asap.

 

Im currently battling it out with TBI over a debt they purchased from HFC in 1999, they only have an application form i filled in, no terms & conditions, the default notice issued by HFC was ineffective, they didnt serve me with a Notice of assignment and to top it off it looks like HFC securitised the debt before they sold it to TBI (that is sold it as an investment, they then dont legally own it and cant then sell it on again).

 

Have a read of the threads on here and you will soon pick up the basics :)

Advice & opinions given by spartathisis are personal, are not endorsed by Consumer 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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  • 1 month later...
  • 8 months later...

I Ask For A True Copy Of The Agreement On The Loan I Supposed To Have Taken Out In 1993, The Answer Was Hfc Could Not Send A Exact Signed Copy Of The Agreement Due To The Length Of Time That As Expired Since The Said Loan. Hfc Have Provided The Information In Order To Reconstitute The Agreement And They For Provide Me With A True Copy Of The Agreement In Accordance With The Consumer Credit Cancellation Notices And Copies Of Documents Regulations 1983, Which Previously Advised Allows For The Signature To Be Omitted.they Also Go On To Say They Will Be Issuing Legal Proceedings Against Me If They Dont Receive My Payment By The 24th Of Feb 10.

Can Anyone Help As Time Is A Important Factor As They Have Said

They Will Proceed With Court Judgement.

Can Anyone Answer Me Asap , Dont Know What To Do Next.

THE LOAN IS ACCORDING TO THEM 17 YEARS OLD AND I WAS AT THE SAME ADRESSE UNTIL 2004, NEVER RECEIVED ANYTHING FROM THIS BANK TO SAY THIS SUPPOSE LOAN WAS NOT GETTING PAID I AM TOTALLY CONFUSED WITH IT ALL.

Edited by reg009
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