HFO and court action forms - help

[darragh]

just recieved claim form from HFO and northampton county court but unsure what to do first - anyone in similar position or able to offer advice ?

[Pipster2797]

First thing is log into the website with claim number and password they have supplied you with and acknowledge it. This will give you 33 days to get together a defence.

 

If you can post the POC up but hide any personal details people will be able to have a look at it.

 

What is the debt for and when was it taken out?

[darragh]

thank you but what is the POC and how can i post it - sorry just scared and tired

[Pipster2797]

POC is the Particular Of Claims. Its what is said on the claim form. Can you scan it and post it up?

 

Or type what they have said but dont put any personal info down.

 

I know its scary, been there myself but you will get help from people on here. Try and stay calm.

 

What is the debt a laon or card?

[darragh]

claimant HFO Capital Limited is a debt purchase company

..cliam for monies due under a regulated interest bearing agreement. The assignee HFO Capital Limited purchased the defendants account and all rights and obligations attaching thereto from the original lender on ......../07 . The original lender was ....card ( sorry paranoid about them on forum ) A letter of assignment has been provided to the defendant previously - not true!

 

have previously asked for copy of CCA and recieved nothing except a copy of an application form from 1994.

[darragh]

sorry - meant to ask, when aknowledging court form do i have to provide any ;evidence' if wanting extra time?

[Pipster2797]

sorry - meant to ask, when aknowledging court form do i have to provide any ;evidence' if wanting extra time?

 

no you dont just acknowledge it and then you get 28 days plus the 5 for service so in total 33 days from the date on the court order

 

..cliam for monies due under a regulated interest bearing agreement. The assignee HFO Capital Limited purchased the defendants account and all rights and obligations attaching thereto from the original lender on ......../07 . The original lender was ....card ( sorry paranoid about them on forum ) A letter of assignment has been provided to the defendant previously - not true!

 

Have they attached anything to it? like the CCA or Default Notice, Termination Notice or the deed of assignment? Or anyting to the POC example would be they mention the deed of assignment being sent to you so we will get them to prove a) they have this and b) they sent it

 

have previously asked for copy of CCA and recieved nothing except a copy of an application form from 1994.

 

If I was a betting man then I would say you have nothing to worry about and it should be a straight forward case for you to defend. They prey on people not finding sites like this and educating themselves to defend. I'm fighting Restons/Marbles card from HFC from 2004 with an application form with no prescribed terms. I could be wrong but can't see an app from 1994 having everything on it. Can you scan it up so we can see it? Black out any personal info again.

 

What I would also do is send this letter to them. It's a CPR request for info

 

In the XXXX County Court

Claimant -v- (YOUR NAME)

Claim Number: (CLAIM NUMBER)

 

 

Dear XXX

 

CPR 18 - REQUEST FOR INFORMATION

 

I have received a recent court claim from your organisation. In order to file a defence and counter claim I require some 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. 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.

 

 

1.1 If copies of any of the above documents are to be relied on in court rather than originals, a copy of the Notice of proposal to adduce hearsay evidence required under s2(1) of the Civil Evidence Act 1995 together with proof of the authenticity of the document(s) as required under s8(1)(b) of the Act, including but not limited to:

 

(a) a copy of the procedure(s) used for copying, storing and retrieving documents

(b) a copy of the relevant log entry showing the time and date of the scan or copy, the name of the member of staff making the copy, the method used for copying, storage and retrieval and time and date of destruction of the original document(s)

© copies of internal and external audit reports covering the entire period from the date of the copy to the present to demonstrate that the procedures have been complied with

(d) copies of Quality Assurance accreditation certificates covering the entire period from the date of the copy to the present to demonstrate that the procedure(s) and audit process(es) comply with the appropriate quality standards

 

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 formerly held with *********.(AMEND TO THE COMPANY NAME)

c. .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).

d. 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.

e. 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.

f. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

g. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

h. 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 defence and counter claim.

 

Yours sincerely,

 

XXXX (type, don't sign).

 

They will most likely fob you off as they dont have the ino but don't worry as we can sort your defence out from their reply and make them provide the info at a later date. Try not to worry

[darragh]

do i use CPR 18 or CPR 16 as some other posters have mentioned - i really dont know what the difference is ?

[DonkeyB]

CPR18 is fine.

 

Have HFO sent you any documents previously, such as a notice of assignment?

[42man]

Is that all that was written on the claim form ? that is rubbish there is no cause for action (does it not mention a default ? or 'has not paid' ?....and as well as the CPR 18 i'd also send the CPR31.14 as well (make sure you send all correspondence recorded too) - http://www.consumeractiongroup.co.uk/forum/legal-issues/159445-getting-them-reveal-their.html also have a read here - as it has no cause it could be an abuse of the process !!! - http://www.consumeractiongroup.co.uk/forum/legal-issues/156156-help-mum-being-taken.html#post1665130

[42man]

http://www.consumeractiongroup.co.uk/forum/legal-issues/160703-urgent-help-needed-robinson.html#post1721582

[darragh]

oh dear - just recieved lot of paper from TR - copy of application form and t& C from 1994 but no proper agreement form plus some other stuff about 2 payments made a few years ago - should i scan and post to photobucket?

[supasnooper]

please do scan up the application form and the t&c's (omitting personal details).

[DonkeyB]

Any documents they have sent, with your personal details/balances etc blanked out. I foresee a good defence already...as it's HFO Capital making the claim, not HFO Services!

[hungrybear]

subbing - because it's Honly Fools and 'Orses again

[Docman]

darragh, welcome to CAG.

 

As your case involves Turnem & Ratchett, (hello Mr T), I'm in as well.

[broken arrow]

and another!

[DonkeyB]

My, the HFO/TR fanclub should hold a Christmas Party! Any ideas for the venue? I know a nice little pub in South Wimbledon...

[42man]

I know quite a few down there....

[42man]

What have they sent you ? any default notices ? termination notices ? notices of assignment ?

[DonkeyB]

42man, I guess the answer will be diddly squat, but HFO will claim to have sent at least 20 letters... like they do with everybody! They'll present their screen shots showing letters were sent - but all this proves is someone has ticked a box. It doesn't mean it was printed, put in an envelope, franked and put in a postbox.

 

I'm seriously thinking of using an alias to apply for a job as a trainee solicitor at Turnbull Rutherford... though my hooves, teeth and ears might give me away.

[patrickq1]

Subbing Hello T Potty

[darragh]

will do tomorrow eve. not been well with a dose of pig flu at the moment and now this is worrying me even more. anyway thankx for replies. i really really appreciate the support from you guys

[hungrybear]

not been well with a dose of pig flu at the moment

 

 

does that mean you got another letter this morning?

[darragh]

yes