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HFO letter - advice needed!

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Comments

  • Andyc24_uk
    Andyc24_uk Posts: 40 Forumite
    I'm not sure if it's illegal, but it's certainly not good (and exactly what I'd expect from slimy customers like HFO!)

    I'm not sure if their failuer to comply with your CCA request would be enough to get it thrown out on its own - Depends on the judge I'd imagine - but what should happen, as far as I'm aware, is that you can submit a defence which basically states that, as HFO have failed to provide you with the necessary information as required by law, you are unable to mount a full defence to the claim. In theory, the judge should then effectively 'freeze' the claim until HFO send you the information you've requested - If they don't send it, then they cant proceed with the claim; if they do then depending on what they send there are other arguments to consider, such as whether their claim is enforceable or not and whether HFO have the right to claim in a UK court in the first place.

    That's the way I understand it - I'm waiting on a response from more experienced posters to see if I've got this correct, but I think the next step to take is to acknowledge the claim but say you want to dispute it in full, then submit the defence that you can't defend properly until HFO give you all the relevant information.
  • Hi sadg - I sent my Acknowledgement of Service on Sunday, and have also informed the court that I live outside the UK and that HFO sent the claim to my previous address... I've sent HFO another letter reminding them of this (again!) and also a Part 18 request for all the information relating to the alleged debt... Waiting to hear back from either of them now :-)

    As an aside - not too happy with Moneyclaim! I can't log into the MCOL site as they let me log in once, then their site crashed the next day and I had to re-register, now I don't have the password for my original registration so can't access it... :-( I submitted the form by Email, phoned up yesterday to check it'd been processed and they didn't know; tried again today, waited 16 minutes on hold and got down from 9th to 2nd in the queue - and promptly got cut off because the office apparently closed! Not at all impressed... Luckily I have a little program which tracks my Email and tells me when it's been opened, so I know someone's looked at it and I have proof if there's a problem! :-)
  • Foxoidbox
    Foxoidbox Posts: 5 Forumite
    edited 30 November 2010 at 9:41AM
    *************************************************************
  • the link for template letters doesnt work, i cant find the letters, any help please
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