HFO/Turnbull - Court Proceedings Started -/ **DISMISSED **WON**

[dinny7478]

Hello all,

 

I am posting this to ask for help in what I can do next. I am helping my father who has been for the past 2 years been hounded by these characters.

 

They have made my both my parents lifes unbearable and seem to operating in such an unethical way I am lost on what to do next.

 

Let me outline briefly the circumstances:-

 

My dad has an account with Barclaycard which he cleared with a final cheque a few years ago.

 

Around Jan 2008, my parents starting getting harrasing phone calls regarding a outstanding debt of around 3k that had been passed to them from Barclaycard. The strange thing was however they had no idea on what my father home address was.

 

These phone calls were regular, menacing and sometimes even ludicrous (An agent told my mum that it was against the law not to answer his phone calls and that she could end up on the street if she didnt respond - for an educated man like myself its ludicrous but for my mother who doesnt speak the language fluently it was very upsetting).

 

In every one of these calls (I took a few - it was apparent they had no idea of my parent address, finally they threatended to send baliffs around to an address on the other side of town where my parents have lived for over 25 years!.

 

I figured with this amateurish behaviour that these were a pair of [problematic] and told them to get on their bike.

 

It went quiet for a good few months and I had assumed that they had given up but it proved to be only a lull before the storm so to speak.

 

At End of Nov 2008, wrote to my dad at his correct address stating they have performed a pre-litigation check, can confirm he is a homeowner and would seek to enforce judgement aginst the property via a charging order. The amount at this point is around 4300 (Phase 1/3 Letter - Pre Litigation). ( i am hesitant about posting too much info - maybe its paranoia)

 

6 days later i sent a request for CCA and supporting docs to HFO and also notified Turnbull that I had done the same. In that letter it was clearly stated that the debt is disputed.

 

A day after I sent my dad recieved the phase 2/3 pre-litigation letter - explaing the effects of the charging order. I assumed that they must have not received my request so did not respond to this letter.

 

In second week December 2008, my dad received the phase 3/3 pre-litigation letter stating that proceeding aginst my dad and his property will begin in 72 hours.

 

In all these letters, the amount owed is increasing even though I am disputing the debt.

 

In all this time they have not acknowledged or responded to my CCA Request. I then decided to write to them again to tell them my request had not been responded to.

 

We then again heard nothing from them until second week in February 2009 when they decided to send my dad a copy of his application form for a barclaycard.

 

It is definately not a CCA request, it clearly states application form, the covering letter from HFO states it is a copy of the application. I did note It has my fathers age as 2 when he applied for the card on the form. It is stamped as being recieved but thats it.

 

I didnt respond on my fathers behalf because I was moving house and forgot about it. My father did as well since we were getting used to them contacting us regularly for a short period and then dissappearing.

 

Then in the last week my Father received a claim form from Northampton County Court from HFO/Turnbull for the amount (which has increased again).

 

It states in the particulars of claim that letter of assignment had been provided previously (not to my father - he has just had an application form) and some other stuff about claiming 12% interest a year.

 

What was an annoyance has now become a major wory for both my parents. I try to explain about rules and regulations and about legal rights but they both fear losing house. They are both in their 50s having worked hard all their lives in manual jobs to get what they currently have and are worried sick on what happens next.

 

I think I have reasonable cause to get this nonsense stopped and if I could sit there with the Judge with a cup of tea or a stella and explain it all to him he would agree. But in a formal court environment and to explain it in legal terms I am not so confident.

 

So can anyone please offer me some advice on what I can do next?

[berrylover]

I am sure one of the people on here will be able to help you asap. What date did you receive the letter from Northampton court, and what is the date on the order?

[dinny7478]

Thanks for the quick reponse.

 

The claim date is 13th Mar, My father recieved it the next day.

[berrylover]

Bumping this up for you. Someone will help you

[havinastella]

Hi dinny,

 

First and most important you need to get the AOS in. This will give you an extra 14 days to compile your defence.

 

You then need to send a CPR request for information, its on my other PC.

 

Jogs

[dinny7478]

Thanks berrylover, I was also looking at Pank's thread (http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/169400-hfo-services-help-wanted.html) which bears a striking similarity to mine....even with teh curt proceddings being issued on the same day!! Maybe we are in the same batch they throw at the courts.

 

Some useful help in that post, I havent done anything yet but I am thinking I should first acknowledge the claim and get an extra 14 days to prepare a defence.

 

Then perharps write to Turnbulls for disclosure of all relevant documents under CPR giving them 14 days to respond.

 

Is it maybe worth also notifying Trading standards of the non compliance of CCA request?

[dinny7478]

jogs, thanks for the info...its good to know I am thinking along similar lines.

[berrylover]

By the end of today you will know exactly what you need to do, there are so many people on here who are willing to help you. Just keep reading.

[havinastella]

Hi Dinny

 

Its great to hear that you are reading up on other threads, you will find most of the claims are more or less the same, so you can just follow those.

 

Just make sure you keep this thread updated as to what actions you have taken, so we will know what stage you are at.

 

Let me know if you need the CPR request.

 

Jogs

[dinny7478]

If you could point me in the direction of a CPR template then it would be much appreciated.

 

Having read the other threads and seen the responses I am more confident in tackling this. I will keep this thread updated as it may serve a good reference for other like other threads have been for me.

 

I am impressed with this whole site, I only came across it whilst googling about HFO but now I am a convert and shall be spreading the word of this wonderful site.

[havinastella]

If you could point me in the direction of a CPR template then it would be much appreciated.

 

Having read the other threads and seen the responses I am more confident in tackling this. I will keep this thread updated as it may serve a good reference for other like other threads have been for me.

 

I am impressed with this whole site, I only came across it whilst googling about HFO but now I am a convert and shall be spreading the word of this wonderful site.

 

Sorry for the delay, I'm in bed with a slipped disc, had to hobble downstairs

 

 

CPR 31.14 Request

 

Dear Sir,

 

Re: (Claimant's name) v (Your name) Case No:

 

On (date) I received the Claim Form in this case issued by you out of the (Name) County Court.

 

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim.

 

[Prior to the issue of proceedings I had delivered a request for the production of the agreement mentioned in the Claim Form and on which you rely. That request was ignored][delete if no such request was delivered]

 

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of [each of the following / the] document(s) mentioned in your Particulars of Claim:

 

1 the agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.

 

2 the assignment*

 

3 the default notice*

 

4 the termination notice*

 

5 [any other documents mentioned in the Particulars of Claim]*

 

* delete if not mentioned in the Particulars of claim.

 

[Although your claim is for a sum which is not more than £5,000.00 and will in all likelihood be allocated to the small claims track for determination upon my delivering a defence, at this moment in time I have not delivered my defence and the case has not been allocated to a track. In consequence the provisions of CPR 27(2) are of no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise]#

 

# delete if claim for a sum exceeding £5,000.00

 

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

 

Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

 

In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

 

If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

 

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

 

Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

 

I do hope this will not be necessary and look forward to hearing from you.

 

yours faithfully

 

 

 

 

edit to suit, make sure you send at least Recorded Delivery.

 

 

JOgs

[havinastella]

Almost forgot, can you post up the POC, leave out any identifing bits.

 

Jogs

[dinny7478]

Thanks for the quick reponse...hope the back gets better quickly (unless you fancy a few more days off work ).

[dinny7478]

The assignee HFO Capital Ltd purchased the Defendant's account and all rights and Obligations attaching thereto from the Original Lender on [x].

 

A letter of assignment has been provided previously. (no it hasnt!)

The claim is for monies due under a credit agreement which is regulated by the Consumer Credit Act 1974.

 

Under the agreement the said sum is to be repaid by the defendant by way of monthly instalments.

 

The defendant has defaulted in his payment and is in breach of payment clause of the Agreement.

 

Despute numerous written and verbal requests by the assignee HFO Services Ltd, the sum and remains in debted to HFO Capital Ltd.

 

The claimant also claims contractual interest at the rate of 12.00% a year from [y] to [z] of 3.10 and also interest at the same rate up to the date of payment at the rate of 1.55 per day.

 

-------------------------------------------------------------------

Typing this out made me re-read the contents, some strange things:-

 

[x] is a date this Month, is this saying that HFO Capital Ltd bought the debt of the original lender this month?

 

[y] and [z] - The differance between thse dates is one day, why claim interest for just one day?

 

HFO Capital Ltd bought the debt and then assign it to HFO Services Ltd?

 

What are your thoughts on this POC?

[havinastella]

The assignee HFO Capital Ltd purchased the Defendant's account and all rights and Obligations attaching thereto from the Original Lender on [x].

 

A letter of assignment has been provided previously. (no it hasnt!)

 

The claim is for monies due under a credit agreement which is regulated by the Consumer Credit Act 1974.

 

Under the agreement the said sum is to be repaid by the defendant by way of monthly instalments.

 

The defendant has defaulted in his payment and is in breach of payment clause of the Agreement.

 

Despute numerous written and verbal requests by the assignee HFO Services Ltd, the sum and remains in debted to HFO Capital Ltd.

 

The claimant also claims contractual interest at the rate of 12.00% a year from [y] to [z] of 3.10 and also interest at the same rate up to the date of payment at the rate of 1.55 per day.

 

-------------------------------------------------------------------

Typing this out made me re-read the contents, some strange things:-

 

[x] is a date this Month, is this saying that HFO Capital Ltd bought the debt of the original lender this month?

 

[y] and [z] - The differance between thse dates is one day, why claim interest for just one day?

 

HFO Capital Ltd bought the debt and then assign it to HFO Services Ltd?

 

What are your thoughts on this POC?

 

Its the usual load of crap, it does not even have an account number

 

Make sure when they pull out of this claim, you whack them with a wasted costs order.

 

Jogs

[havinastella]

You may also want to get a copy of your Dads credit report.

 

If HFO were playing with it before they "BROUGHT" the debt, you could sue for damages.

 

You should win this hands down

 

 

JOgs

[42man]

Some great advice given up here.....send the CPR in post #11 out by recorded delivery to the opposing solicitors....remember to acknowledge the claim form within the 14 days of the date on the claim form stating that you want to defend, then you will get an extra 14+3 days in which to submit the defence....just keep a close eye on the timescales...and wait to see if they respond....

[dinny7478]

Another question, on the CPR letter it mentions documents specified in the POC.

 

"Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of [each of the following / the] document(s) mentioned in your Particulars of Claim"

 

Can i request documents that havent been specified in the POC. The POC specified in the claim form details only the Letter of assignment.

[dinny7478]

Post #16 Playing With the debt before they "bought" it.

 

Would the fact turnbulls sent my dad the pre-litigation letters last year (earliest being Nov 2008) prove this?

[babybear39]

Subscribing...

[42man]

?? it says in your POC's in post 14 'under an agreement' and it says the defendant has 'defaulted' in his payments....so that means there MUST be a default note which must be in the prescribed format....

[dinny7478]

OK...i think i get it...The documents are implied in the POC if not explicity stated.

 

Apologies if my question seemed a bit pedantic just trying to make sure I am 101% sure in what I am doing.

[ODC]

Also ask for proof that the Notice of Assignment was properly served under S 136 of the Law of Property Act 1925.

 

I stand to be corrected but I thought the interest rate was 8% and not 12% as they are apparently claiming.

 

Once Bullshot realise that you will be contesting this the will quickly drop it.

[babybear39]

Good point ODC. 8% is contractual interest, maybe they're planning on going for a CO and using statutory interst rate as they can for COs under the CCA

[DonkeyB]

The 12% relates, I think, to their own 'contractual' rate. This is in their own terms and conditions which, if you look through other HFO threads, they try and fob off on people.

 

They can't do this. If the is a valid agreement - a big IF - then as they have acquired all the rights and duties, the original terms and conditions must apply. I'm not aware of any circumstances in which they can issue their own T&Cs. They are trying it on.