HFO Services Limited and barclaycard debt

[patrickq1]

good night guys thanks for helpin out on davids behalf

patrickq1

i"me of to me bed gotta take my pills

[gh2008]

I think we need to be careful here - you'd do well to read/digest this;

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/108467-basic-introduction-consumer-credit.html

 

It looks like you have the Courts attention already, as the word "Disposal" on a N24 form is curious.

 

Problem is this 'disposal hearing' is quite ambiguous.

 

It could mean that the parties will simply turn up & the Judge has already decided the case and will just tell the parties how much is payable by the OP.

 

Or am I reading this wrong......

[UK26]

Should, i appoint a Solicitor to take care of this case, and speak in court? or do it my self?

[gh2008]

could I suggest that perhaps you look through the thread and take down any materials which give out more personal info than you should be posting.

Particularly your defence contains various addresses

[car2403]

Thanks for your input Car2403

 

After reading this case, based on the info you have been given

 

What is the likely outcome? i know this is hard

 

 

N24 form is curious? what does this in its self mean

 

Problem is this 'disposal hearing' is quite ambiguous.

 

It could mean that the parties will simply turn up & the Judge has already decided the case and will just tell the parties how much is payable by the OP.

 

Or am I reading this wrong......

 

I've asked a site mod to pop in on this thread to advise.

 

It's curious because of its ambiguity, Glen.

 

I think the Judge wants to confirm the assignment of the debt, as (it appears) HFO is the claimant - if they can't prove assignment took place, that can't happen, IMHO.

 

Let me confirm - has a CCA request been sent? Have you send a CPR Part 18 request off? Have you send a DPA SAR?

 

Have a read of TT8's thread (Basic intro...) which covers all this.

 

It would be worth ringing the Court to ask what the purpose of the hearing is, as they will tell you over the phone as your a litigant in person.

 

TBTH, I can't see the point in getting a Solicitor in on this - that's your call, however. There is a LOT more experience/knowledge on consumer law on CAG than your bog standard Solicitor can provide. Just my opinion, of course, but I have won lots of cases without needing to pay for legal advice.

[UK26]

1. CCA Sent

2. Subject Access - Sent

3. Part 18 - NOT SENT

4. Will not appoint solicitor as agreed, your the Soliciors lol

 

 

 

I'm worryed as this is a complex case and i don't want them getting away with this.

 

If i win the case, will the judge take action againts the offender or is that upto me to sort out?

 

I've asked a site mod to pop in on this thread to advise.

 

It's curious because of its ambiguity, Glen.

 

I think the Judge wants to confirm the assignment of the debt, as (it appears) HFO is the claimant - if they can't prove assignment took place, that can't happen, IMHO.

 

Let me confirm - has a CCA request been sent? Have you send a CPR Part 18 request off? Have you send a Data Protection Act S.A.R - (Subject Access Request)?

 

Have a read of TT8's thread (Basic intro...) which covers all this.

 

It would be worth ringing the Court to ask what the purpose of the hearing is, as they will tell you over the phone as your a litigant in person.

 

TBTH, I can't see the point in getting a Solicitor in on this - that's your call, however. There is a LOT more experience/knowledge on consumer law on CAG than your bog standard Solicitor can provide. Just my opinion, of course, but I have won lots of cases without needing to pay for legal advice.

 

 

This attachement may make good reading

[kennythecelt]

Benwell, I have sent you a PM. Please read it now re personal identification in letters and emails you posted. Others have said this to you already. My thanks to them for trying to help you.

 

Please delete reference to xxxxx (post 31). That is against site rules.

 

Someone will be in touch with you shortly.

[UK26]

My response to this topic and my disclosure of personal info to the public forums

 

 

Image of Document Removed due to identity issues

[car2403]

Benwell, be aware that we will - and must - do everything in our powers to protect the forum. At times, this means protecting yourself, even if you feel you don't need to.

 

The existance of the forum is, unfortunately for you, more paramount to its members than allowing you to be on a "crusade" - I'm not saying this is the case, but again forum rules must prevail.

 

I'm sure you understand.

 

BTW, there's nothing stopping you being on a "crusade", but there's a constructive way to do it that doesn't expose CAG.

 

I'm not a mod - and don't preclaim to be - so I'm sure any questions you have will be covered off this thread?

[jonni2bad]

To save some time notifying all users on this thread who may have received CAGBOT edit messages...

 

I have edited several posts made here which either make accusations against a company, or were based upon the user's opinion of details posted by another user - but not yet decided upon by a Judge (or based on evidence not seen here).

 

In other words - please understand the implications of making accusations about a company which have not been proven in a court of law. By doing so, you place both yourself AND our site at great risk. Such posts will not be tolerated and if you continue to post these comments, your accounts will be moderated.

 

Please stick to FACT and PROVEN evidence.

 

By all means continue to discuss the problems of the OP and offer advice, but do so in accordance with our forum rules. If the OP insists on publishing their own details, I do not think we have need to edit those. The OP has been made aware of the implications of doing so and has chosen to continue.

 

In the absence of any other legal opinion about this, they can remain for now.

[UK26]

Hi

 

I will tone done the way i word some of my posts, to protect my self and the forum, Sorry for causing any upset for doing this previously.

has people can see from this topic, there is currently a legal battle going on at court, where i am the defendant.

this is why i made this topic as i am in need of help and advise.

I would like this to continue and i thank all that have helped in ths topic.

I have been adivsed by a memeber, I should send of a part 18 request?

what is this and what do i do?

Regards

Dave

[gh2008]

TBH I think it may be way past the CPR18 request.

 

I would do as advised earlier and ring the Court on Monday to try and find out what is going on.

 

Get back on here with the answer and then it can be moved forward.

Your defence statement makes it quite clear , I feel, what you are saying.

The disposal hearing may be the end of this case, but it would be nice to know which way it is ending??? especially as the claimants think they've already won.

 

Assuming they are regulated in some way, I would certainly make a formal complaint to them regarding the issues at hand and then if the complaint remains unresolved, complain to their regulator.

 

I would also complain to their local Trading Standards and your local MP, the latter can have a very dramatic effect as has been shown in other threads.

 

There is also the option of Watchdog, local media national media - it depends how much you want any 'dirty washing' of yours made public.

 

Of course, when you get you day in Court, as you seem to have the evidence to back it up, you may point out to the Court the apparent unlawful (or any other word you can think of) activity by any party involved.

BUT make sure you listen to what's being said both here & in Court as Judges can have a very subtle way of leading you away from saying things that you shouldn't say.

[gh2008]

But, to answer your question a CPR 18 request is a request under the Civil Procedure Rules for further information. It is normally used to enable one side to better prepare their statement.

In small claims the other side can easily refuse to comply unless ordered to by the Judge.

You could send one, but I cannot see them sending anything else.

 

One point I did think of last night was maybe to contact Barclaycard to confirm the dept who wrote the letter that has been submitted from them.....

 

You could also make a formal complaint to them over the letter, afterall it is on their headed paper.

[UK26]

Ive just added a few more key points to my statement of case

 

 

 

 

10 I Would also like to point out that the level of interest charged by the claimant is also incorrect as they have from 19th March 2006 to 11th June 2007 claimed on there statement of case a total of £482.78. My understanding when brining a case to court they are only entitled to claim 8% per annum.

 

My calculations from the 19th March 2006 to 13th April 2008 based at 8% total £291.31. Given the fact I have also extended the period to 13th April 2008. My calculations total just over half the sum what’s being claimed by the claimant

 

11 I now wish to clarify the court fees claimed by the claimant, on there statement of case they are claiming a total of £110 but yet the prescribed fee on the court website suggests to be £85.00. for claims up to £3,00

 

 

Is there anything else i should add to my statement of case before, providng the court with the updated version?

 

I will contact the court on Monday as requested and find out more info

[car2403]

A CPR Part 18 request is paramount to the correct creation of your defence - even if you feel this isn't necessary/needed at this stage, it can be really surprising what it throws up once you receive a response, or it could strengthen your case for having the claim thrown out at a later stage. Never underestimate the power of having the upper hand.

 

Send this, special - not recorded - delivery, ASAP, IMHO; (amend to suit)

 

HFO Services Limited –v– benwell

Claim No: ********, in the **** County Court

 

Dear Sir/Madam,

 

CPR REQUEST FOR INFORMATION

 

Given that this matter is now the subject of legal proceedings, you are obliged to disclose under the Civil Procedure Rules, the information and documents detailed below. The information must be furnished within fourteen days of the receipt of this letter. If you fail to comply, this will be reported to the Court, a copy of this letter will be provided as evidence to the same and an Order enforcing your compliance will be sought.

 

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.

 

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 held with HFO Services Limited.

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 which 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 complete claim.

 

I must make you aware that this information has also specifically been requested from your Client under a Data Protection Act Subject Access Request under s.7 Data Protection Act 1998, under which they must provide this information before **/**/**** in any case.

 

 

Yours sincerely,

[UK26]

Look at the new Defence i have posted below.

 

Added sections 10, 11, 12, 13 to my statement of case.

 

Should make good reading now

[UK26]

Thanks for the P18 car2403

 

due to not getting info from them via CCA 1974, can i send the above letter, on monday and also enfoce it with a court order the same day?

 

laying down the reasons, they have failed on all my other requests, and i

Believe this request will also go ignored without a order from the court?

 

 

also at the bottom it says

 

1998, under which they must provide this information before **/**/**** in any case.

what date do i put here?

Regards

 

Dave

[car2403]

Send the Part 18 request - if they don't reply, you'll need to write to them again telling them you intend to seek a court order that they do comply. Only then can you write to the Court to request that order, but, TBTH, you're unlikely to get an order anyway.

 

The main thing is you've sent the request and they haven't replied, which will help you later on, IMHO.

[UK26]

Cool thanks

[UK26]

Good Point.

 

Letter will go off to them.

 

on another note, after checking my credit report, I've never receieved a default from Barclays Bank, but have from HFO Services, to whcih i have not received a default notice from HFO Services in writting.

 

 

 

I complained to the credit reference agency to only get the below reply

 

Our Ref: RAB/42352356/PC

 

Dear Mr Benwell

 

Thank you for your emails, which we received on 08 April 2008.

I note your comments regarding entries C2 and C4 and note that you have asked that these entries remain in dispute. I would ask you to clarify if you are requesting the retention of the Notice of Dispute on these entries.

I also note that you have requested a statement of your own to be added to the account with HFO and would ask you to confirm if this in addition to, or instead of, the Notice of Dispute.

If you think any entry in your report is wrong we are obliged to contact the lender to verify your comments or the validity of the entry and adhere to any instructions to amend the information. The lender is equally obligated under the Consumer Credit Act 1974 and Data Protection Act 1998 to ensure that the information they provide is accurate and up to date. If no amendment or deletion instructions are ordered we are unable to amend the information.

You will therefore need to liaise with HFO directly.

 

BUT THEY DONT (EDIT) REPLY

 

Benwell hits his head against a brick wall, and scrams

 

 

 

 

 

 

One point I did think of last night was maybe to contact Barclaycard to confirm the dept who wrote the letter that has been submitted from them.....

 

You could also make a formal complaint to them over the letter, afterall it is on their headed paper.

[Docman]

Hi there

 

Bluefairy and I are two CAGers who have been successful against HFO. They didn't show up when challenged in court - just like many bullies who back doen when you stand up to them.

 

Can I offer the following advice?

 

1. Send the CPR 18 letter asap. You probably won't even get an acknowledgement from HFO but the fact that you give them the opportunity will help your case.

 

2. Disposal hearing - bit tricky this one. It looks like the court may think the case is straight forward and that you owe the money and its all amount the amount. On the other hand, the word may be out about HFO and the Districy Judge is trying to deal with this one quickly. I suggest you file your defence and try to attend the hearing.

 

3. The letters with the wrong date are marked as 'exhibits' and have therefore be lodged at court. Sending in false or possibly forged documents to a court to support your claim is very serious, especially for a solicitor. See what happens at court when you prove to the judge that the letters HFO purport to have sent to you cannot have been sent. Ideally, see if you can get a statement or letter from your landlord confirming the date when he first showed you the property to support your case.

 

4. Finally, keep smiling. We can win against these people!

[UK26]

How can the Judge make an order againts me, when i have all this evidance?

 

Have you looked at my defence statement above Docman?

 

the court already have my defence, which i sent over 2 months ago. however, i have added more to the defence case, of which when i know for sure its all complete, i will file an Amended case file.

 

Part 18 Request is due to go off tomorrow.

 

 

one thing that im not pleased with, Disposal hearing you dont give oral evidance, but i really want to talk to the judge step by step by my statement, pointing out key facts and evidance.

 

Why has it been listed for a Disposal hearing, is this due to my N244 applicaiton to have the Judgement removed so i could enter a defence?

 

Regards

 

Dave

[UK26]

Just Spoken to Barclays RE: Exhibit 1

 

They can't find any trace of the letter on the system. however have advised i call them back tomorrow, when someone will look into this in more detail.

 

Regards

 

Dave

[car2403]

Good Point.

 

Letter will go off to them.

 

on another note, after checking my credit report, I've never receieved a default from Barclays Bank, but have from HFO Services, to whcih i have not received a default notice from HFO Services in writting.

 

 

 

I complained to the credit reference agency to only get the below reply

 

 

 

BUT THEY DONT (EDIT) REPLY

 

Benwell hits his head against a brick wall, and scrams

 

The CRA is dodging it's obligations here - we've seen this before.

 

They are required to maintain accurate records, under s.159 CCA 1974 - they do this by requesting their clients to confirm the information. If they say "its right", the CRA thinks this covers them - in truth, it probably does, because the CRA could (I don't think it would) sue their client for breach of contract. This doesn't mean you don't have a claim against the CRA under the CCA/DPA, IMHO.

 

Your issue lies with the data controller - in this case, HFO again, not Barclays. The SAR/Part 18/CCA request should divulge everything they have - or don't have - on you to back your argument up. Realistically, continuing with the CRA would just complicate your claim and waste your time. You've tried to resolve it with them, they are having none of it - lets leave it at that and let the Judge know what HFO have told the CRA when the appropriate time comes along, I say...

[UK26]

Nice one Car2403