Received letter from HFO Services at my parents address

fermi

fomirster wrote: »

I completely agree, in respect to the fact you would need to demonstrate that you have reasonable grounds to defend the claim in the first place, for example unenforceable agreement, invalid default notice. Obviously there would be no point having a judgement set a side if it was definetely going to be given again.

Agreed. We are/were probably talking at cross purposes.

I've seen a couple of people lately who had no motivation other than they wanted the CCJ off their records. Obviously, they were hoping to settle it before action was brought again.

There wasn't really anything to contest about the claim itself, and the only reason they didn't get the claim form was that they didn't provide the creditor with a new address.

fomirster

Yep, I thought you were arguing that you couldn't get a set aside and you thought I was arguing you would get one on the grounds of just being served at a previous address.

Turns out, we both know what we're talking about after all !

Tryingtobefree_2

Hello all and thank you so much for your advice and apologies for not having replied myself sooner.

I would like to settle this before it goes to court. I couldn't bare that at the moment with everything going on, so with that in mind, is it best to not take any risk and contact them? If so would you start with a CCA letter?

Do you know what I should be expecting to receive from them next? I hope its not court action straight away!!

Thank you again.

fermi

A CCA request might be appropriate.

Whatever happens, you need to see a breakdown of how it got to £3,000 from £1,000. A big chunk of that may be "collection" charges that strictly you are not legally obliged to pay.

Tryingtobefree_2

Also, as formister asked, I received a 'REMINDER NOTICE OF ASSIGNMENT'. What does this mean? I have received nothing else. I actually had until yesterday to get back to them.

Tryingtobefree_2

I have looked at the credit file (experian I think) in the last 6 months, does that mean that I have acknowledged the debt? HFO were stated on there.

GeorgeUK

To acknowledge the debt, you either need to write to them referring to the debt or make a payment towards the debt. Looking at your credit file is definately not an acknowledgement.

Tryingtobefree_2

I see. If I was to ignore the claim and they were to issue me with a ccj, then this would cancel out the fact I have had no contact with them, even if it was issued to my parents address?

fatbelly

If HFO made a court claim (even one sent to your parents as your last known address), and you did not respond to it, a ccj would be issued. The Statute barred defence would not apply, as they were commencing court action within the six-year period.

I have seen HFO issue two claims recently. In both cases the particulars of claim were so vague that the debt could not be identified, and so there was nothing to link the account to my client. That formed the basis of our response. HFO appear to have given up at that point

fermi

fatbelly wrote: »

I have seen HFO issue two claims recently. In both cases the particulars of claim were so vague that the debt could not be identified, and so there was nothing to link the account to my client. That formed the basis of our response. HFO appear to have given up at that point

:rotfl::rotfl:

I knew they were pretty hopeless, but that is good. :cool: