HFO claimform - old Morgan Stanley Card Debt **WON**

[Docman]

Docman

 

I have sent them a further request to send the info I require ASAP.

 

I have reminded them that they have already posted info of a sensitive nature to my address already, so they must be OK with my address if they are not happy then they have broken Data protection act already and I will be reporting them to the information commissioner.

 

Hi Broken Arrow,

 

Looks like you just have to sit back and wait while HFO carry on digging a big hole. Please keep us all posted on the outcome.

 

Doc

[broken arrow]

Barclaycard who own Goldfish/Morgan stanley must be happy with my address as they have sent me a credit card application in the post today.

 

must be another way of obtaining my signature?

[horw]

Hi Broken Arrow

 

My AQ just came through this morning, have you recieved yours yet?

[I've got no money]

horw PLEASE if the claim is for more than £5k don't allocate it to the SCT.

 

Not only is there much more scope to strike them out before trial in the fast track - they really can't cope with the fast track. The HFO claim against me is around £12k and they have asked repeatedly for me to agree to the SCT. You get proper directions on disclosure - they have to disclose, you have a right to inspect, there are duties on them to prepare a proper trial bundle (which has to be submitted to you in advance for your agreement), they have to produce a case summary (again it has to go you for your agreement) etc.

 

Every time they don't do something right you get an order they do and a costs order (after only two applications against them I'm £112 in pocket on the costs orders) You don't have anywhere near the same flexibility in the SCT.

 

If you go to the SCT you lose CPR 31 - have a look at CPR 31.14 - in any case involving HFO you need CPR 31.

 

Don't forget the purpose of litigation is NOT to go to trial. Trials are stressful, time consuming, potentially expensive and with uncertain outcomes. The purpose of good litigation is to win before you get to trial. You only want a trial as a last resort and when you are absolutely 100% ready for it. The idea is to strike them out before you get to trial. You have a much greater chance of striking them out in the fast track.

[Docman]

horw

 

I've just posted on your own thread. Basically I agree with IGNM. Go for fast track if you feel confident to standing up to these barstewards. I don't think HFO have won anything when challenged.

[I've got no money]

horw - don't forget that a claim for more than 5k can only be allocated to the SCT if it is suitable AND all parties consent.

 

What you can do is allocate to fast track - use the fast track procedures and directions - then if you can't get them struck out and the case is going to go for a definite trial write to the other side and offer to agree to re-allocate. If they refuse well you've lost nothing because they would have refused in the first place.

[broken arrow]

HORW

Sorry for the late reply have been out of the country for a few days.

Have not received anything yet.

[broken arrow]

Have been on money claim online website and have noticed the case has now ben transfered to my local court.

[I've got no money]

So that means that our heroes have applied to the court for the case to go ahead...

 

You can now make any applications to your home court - much easier as its' only down the road - I've started hand delivering stuff to mine - makes it loads quicker...

[broken arrow]

Will my local court now deal with my N244 request as I,ve heard nothing yet.

[I've got no money]

Yes - in fact it may not be TR that have told the court to go ahead - the court may have transferred the case to your local court to deal with the N244 - you should hear something in the next few weeks

[broken arrow]

Yes - in fact it may not be TR that have told the court to go ahead - the court may have transferred the case to your local court to deal with the N244 - you should hear something in the next few weeks

 

spot on again IGNM

 

Received letter today to say it has been transfered to my local court to deal with my application to have the claim struck out.

 

Court will send me and other parties notice of time, date and place of hearing

[broken arrow]

Have now received some documentation back re CPR18 request, these include my original application/CCA seems to have the prescribed terms but cannot see OC signature ( copy not that good quaility) the terms look like they were not on the same page as my signature.

 

Theres another copy of NOA same as the fake copy i got the other week date on NOA very recent ,after they started proceedings.

 

Also my last few statements upto default.

 

No copy of default notice included.

 

Request to try and solve with out Litigation.

[Grindcore101]

Read with a lot of interest the issues people have had here with HFO. I've recently had a shocking experience. They issued procedings against me via Turnbull solicitors in London. I asked for full disclosure of documents from both Turnbull and HFO and received nothing. Asked the court for any copies of evidence as I was totally unaware of why or for whom they were chasing the debt for. Wrote again to both parties asking for credit agreements and all other documents relating to their claim and obtained nothing. Had a hearing on the 12th of June in Bucks, met their solicitor who told me that it was in relation to a MBNA credit card, whom the CAB had written to explaning my situation. I had not received a notice of assignment or any other factual documentation which I explained to the judge, stating that I had found out at the time of the hearing that the debt was with MBNA and that absolutely NO documents had been sent on request, yet even though I explained this the judge still put a charging order on my property!! I was astounded!! I clearly explained that I had recieved no documentary evidence in support of HFO's claim against me, that I had dialog with MBNA via the CAB but this was all ignored!

 

Surely I must be able to challenge this?? I made every effort, and have copies, to contact and ask for full disclosure and received nothing! Merely Turnbull's letters in relation to the hearing date and costs etc.

 

Having read people's experiences here surely there must be a process I can put into place to have this hearing/standing order challenged! It was appauling as I was cleary taken advantage of in respect of my rights. The judge heard what I said but couldn't be bother to do anything merely saying "Well you had an agreement, and you don't dispute that you have a debt with MBNA". Yeah ok but HFO nor Turnbull gave me ANY, and I mean ANY evidence or documentation, didn't even see any on the day of the hearing!!!

 

Any idea's what I should do next or am I stuffed!

[letitbeme]

Hi Grindcore,

I am not able to offer you any help re your post, but IMHO you may have grounds to appose the order. I suggest that you start your own thread and outline everything that has transpired. A Legal Eagle will be along shortly to advise you.

Regards LIBM

[horw]

Hi Grindcore

 

I agree with letitbeme, this is quite important so start a new thread under legal issues and I am sure the mods will help out with advice. I am just doing my AQ so this will be an interesting read.

[Grindcore101]

Ok guys that does make sense. I've hijacked this poor guys thread. I'll set up my own thread asap. Thanks in advance.

[broken arrow]

Hi Grindcore

 

No worries with posting on my thread, were all in a similar situation ,so sharing info and dealings with HFO can only help.

 

Turnbull are HFO,s in house solicitor if you were not aware.

 

All the best

Broken arrow

[Rosie_123]

Hi Grindcore. Just wanted to say I am in a similar position to yourself. But I am shocked by what you have written because I was always told that noone could apply for a Charging Order on your property, until all other avenue had been explored. In other words - until you had been to court, had a CCJ against your name, and somehow not kept up with the payments on it. I don't understand how this can have just happened to you. I wish you luck with it.

[broken arrow]

Letter I received yesterday.

 

Please find enclosed the signed credit agreement regulated by the CCA 1974,in compliance with s.78 cca, as wll as notice of assignment in compliance with s,136 law of property act 1925 and copy of statements evidencing continued activity on the account pre assignment.

 

The claimant, had ordered documentation from Morgan Stanley and has only been in receipt of it recently, thus the delay in providing you with the requested documentation.

 

As you are now in possession of the documentation requested we await your amended defence.

 

Our clients are still amenable to settlement without the need for unnecessary litigation and we request that you contact us in order to amicably resolve any issues you wish to arise.

 

Yours faithfully

 

TR

Any thoughts would be appreciated.

 

thanx in anticipation

 

BA

[Rosie_123]

Not sure I am the right person to help you - I am foundering in the dark even more than you. All I have received so far from them is a letter acknowledging my defence and asking me phone up to sort something out:rolleyes:

 

I guess IGNM and others here would suggest you scanned the documents they sent you, and put them here, so that they can see if they look genuine or not. I personally think if they were totally sure of themelves they would not be trying to settle "out of court" with you. ButI'm sure others here will advise you better,

[pt2537]

can we get a look at what they supplied ? removing all the personal details, if you can upload it into photobucket that would be great

[broken arrow]

Hi pete

 

Will be gettin a scanner tomorrow.

 

what they have supplied is my original application, all the prescribed terms seem to be there, can,t see a signature from them. TC ,s look like they have been joined on ,Would like to see original.

 

NOA is the one I received a few weeks ago which I think is fake, dated last month balance £2000 less than their claim.

 

And 5 statements.

 

This is in response to my CPR18 request.

 

cheers

BA

 

PS

Hope to upload tommorow evening

[pt2537]

Paul,

[broken arrow]

sorry getting tired.

 

Best regards Paul

Broken arrow