Help needed with Appeal V Barclays

[DonkeyB]

If the claimant is HFO Capital Limited then HFO have a big problem.

 

We have proved on another (currently disabled) thread that HFO Capital (Cayman) assigns all of its debts immediately to HFO Services Ltd. I can PM you a copy of the deed of assignment between HFO Capital Cayman and HFO Services Ltd if you need it.

 

Therefore HFO Capital Ltd (Cayman) has no locus standii in this case. They appear to be confused as to who owns the debt.

 

In another case, we have learned that HFO Services are now claiming that all the assets of HFO Capital Ltd (Cayman) were assigned or sold to HFO Capital Ltd (Ireland) in early 2008. This would mean that HFO Capital Cayman has no right at all to claim, and that you should have been given notice of this further assignment.

 

As the Irish version of HFO Capital was not incorporated until late 2007, there is no way your original alleged debt was sold to them. Furthermore, HFO Capital Ltd (Ireland) was not registered with the DPR to process data until August 2008, so any processing of data regarding accounts before this date was possibly illegal. And it begs the question, if all HFO Capital (Cayman) accounts were assigned to HFO Services, what exactly was there left to sell if they had already been assigned to HFO Services? It would bring in to question every court claim they had issued.

 

And if HFO Services claim the NoA from 2007 referred to the Irish company, this cannot be so. I would expect HFO Services to aver at some point that the claimant is in fact HFO Capital Ltd (Ireland), which cannot be so.

 

Why HFO would want two companies with identical names I can't imagine. I will leave that to others to consider, lest to say that such a scenario will certainly confuse or possibly not be noticed by anyone who isn't aware there are two companies with the same name.

 

Furthermore, we have discovered that Barclaycard is also unsure in many cases who it has actually sold accounts to (or maybe it isn't...). In a number of cases Barclaycard has stated the debt was sold to Roxburghe - a sister company of HFO. So please, please, contact Barclaycard and find out to whom and, importantly, exactly when the account was assigned. If the facts don't match the NoA received from (and almost certainly created by) HFO Services, then there is another problem for them.

 

So there are many issues to look at before you pull holes in the agreement. I think you will also find that any T&Cs supplied will not be the ones in force when the account was opened.

 

But you need to call Barclaycard quickly!

Edited February 3, 2010 by DonkeyB

[vjohn82]

I concur... you need to get in touch with Barclaycard to find out who the account has been assigned to.

 

In my case I am going to press the issue of vexatious litigation and see if there is the possibility of an injunction.

 

However, you just need to concentrate on your case at this stage because they have discontinued in mine.

 

I will help where I can... the HFO/TR fan club are now in attendance

[MandM]

 

I will help where I can... the HFO/TR fan club are now in attendance

 

I think you're in fine hands here clivey.

 

These chaps are becoming HFO's nightmare.

 

M

[DonkeyB]

I think you're in fine hands here clivey.

 

These chaps are becoming HFO's nightmare.

 

M

 

You don't know just how true that is... as they are becoming ours...

[MandM]

You don't know just how true that is....

 

Have read many of your posts. If HFO come my way i'm knocking on your door first

 

M

[clivey888]

phew thanks chaps sounds encouraging, This is like a roller coaster ride one minute you feel down and defeated then the next someone shines a light through to give you hope.... You lot will never know how appreciated yyour help is on this site helping the little man or woman

 

I think i will get the noa done and deliver by hand with a letter to the judge asking for time to investigate this and to hand her amended defence in as a embarrased defence was put in origonaly as no details was forthoming.

 

Does this sound like the best route?

 

I will get onto barclays first thing tomorrow morning or do you think it is best to write to them and not phone?

 

Thanks again in advance.

[DonkeyB]

Call. Can you record the call?

[vjohn82]

Have you completed an Allocation Questionnaire yet?

 

An amended defence can come a little later... there are some nifty CPR requests we can make that seem to rock Turnbull Rutherford/HFOS to their boots... especially when it comes to trying to pin down answers from them.

 

I will reveal more later but CPR 32.18 and 32.19 are great at making them look rather silly ;-)

 

PART 32 - EVIDENCE - Ministry of Justice

[clivey888]

i got it wrong its the allocation questionaire that has to be in by friday. sorry

yes i can record the all.

[DonkeyB]

Phew - that's relatively easy. You can request directions for proper disclosure within the AQ.

[clivey888]

any ideas what i should be putting in the AQ ?

[MandM]

I'm assuming this is an N149?

[vjohn82]

I have recently completed an AQ against this company and it scared them off. You are welcome to use exactly the same in your case.

 

I have a Draft Order for Directions too.

[slick132]

I know you have offers of help from vjohn re this but the AQ Guide is here for reference.

 

http://www.consumerforums.com/resources/templates-library/48-bank-templates/125-allocation-questionnaires-a-guide-to-completion-

 

[vjohn82]

I know you have offers of help from vjohn re this but the AQ Guide is here for reference.

 

http://www.consumerforums.com/resources/templates-library/48-bank-templates/125-allocation-questionnaires-a-guide-to-completion-

 

 

Cheers slick

 

I forgot where that was

[clivey888]

Vjohn that would be great thanks, I have untill close of play tomorrow to get it handed in so time running out for me.

 

Thanks Slick i had a look at that but it seems it's for people making a claim not the defendant or have i missed the point here!

[clivey888]

Vjohn82 i would like to take you up on your offer please.

[vjohn82]

Vjohn82 i would like to take you up on your offer please.

 

Hi,

 

Just make sure you fill in your name, dates, court name, claim number etc where necessary. I can't take liability for omissions of these details as they are personal to you. Where necessary I have indicated where you need to put them but please make sure the documents I have provided are relevant to your case before submitting.

 

Other than that little disclaimer... you're good to go!

 

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

vjohn82 - Section G AQ CAG.doc

vjohn82 - Draft Order for Directions CAG.doc

AQ Help.pdf

Edited February 4, 2010 by vjohn82

[MandM]

Can't see the AQs vj. attached files are good

 

M

[clivey888]

Thankyou for that, I will read through and try to change to suit my partners case and seek confirmation it's ok from you guys.

[vjohn82]

Right I have attached a file called "AQ help" in post #68

 

All of the tick boxes are filled in... and there are pointers on what to write in the boxes. You can fill in a form "online" and then print which can be found here http://www.hmcourts-service.gov.uk/cms/files/n149_web_1105.pdf.

 

So basically follow the directions in the document I have attached (and cross out the "Claimant" box at the top after printing).

[clivey888]

If the claimant is HFO Capital Limited then HFO have a big problem.

 

We have proved on another (currently disabled) thread that HFO Capital (Cayman) assigns all of its debts immediately to HFO Services Ltd. I can PM you a copy of the deed of assignment between HFO Capital Cayman and HFO Services Ltd if you need it.

 

Therefore HFO Capital Ltd (Cayman) has no locus standii in this case. They appear to be confused as to who owns the debt.

 

In another case, we have learned that HFO Services are now claiming that all the assets of HFO Capital Ltd (Cayman) were assigned or sold to HFO Capital Ltd (Ireland) in early 2008. This would mean that HFO Capital Cayman has no right at all to claim, and that you should have been given notice of this further assignment.

 

As the Irish version of HFO Capital was not incorporated until late 2007, there is no way your original alleged debt was sold to them. Furthermore, HFO Capital Ltd (Ireland) was not registered with the DPR to process data until August 2008, so any processing of data regarding accounts before this date was possibly illegal. And it begs the question, if all HFO Capital (Cayman) accounts were assigned to HFO Services, what exactly was there left to sell if they had already been assigned to HFO Services? It would bring in to question every court claim they had issued.

 

And if HFO Services claim the NoA from 2007 referred to the Irish company, this cannot be so. I would expect HFO Services to aver at some point that the claimant is in fact HFO Capital Ltd (Ireland), which cannot be so.

 

Why HFO would want two companies with identical names I can't imagine. I will leave that to others to consider, lest to say that such a scenario will certainly confuse or possibly not be noticed by anyone who isn't aware there are two companies with the same name.

 

Furthermore, we have discovered that Barclaycard is also unsure in many cases who it has actually sold accounts to (or maybe it isn't...). In a number of cases Barclaycard has stated the debt was sold to Roxburghe - a sister company of HFO. So please, please, contact Barclaycard and find out to whom and, importantly, exactly when the account was assigned. If the facts don't match the NoA received from (and almost certainly created by) HFO Services, then there is another problem for them.

 

So there are many issues to look at before you pull holes in the agreement. I think you will also find that any T&Cs supplied will not be the ones in force when the account was opened.

 

But you need to call Barclaycard quickly!

 

Donkey B i have been trying to get my head round what you said here but it is not making sense to me, I have endless amounts of paperwork all headed HFO services Ltd and some mention HFO Capital Ltd as follows:

 

Default notice dated Oct 2009 Headed HFO Services & mentions HFO Services as the collection agency and HFO Capital as the current creditor

 

NOA is headed Barclays and states was assigned Nov 2007 to HFO Capital Ltd, The letter is not dated it just mentions this date insentence, This letter looks like it was just cooked fresh, It also states you direct all payments etc to assignees agent HFO Services Ltd blah blah

 

Letter from HFO Services refers to Barclaycard as there clients.

 

I suppose as they have mentioned they are the agents are they acting correctly as i just dont get the drift with your post Donkey.

[vjohn82]

Clivey... don't trouble yourself too much with it at this stage. Have you been in touch with Barclaycard to find out who they sold the account to?

 

The simply matter we are trying to uncover in your case is whether Barclaycard genuinely sold the account to HFO Capital or HFO Services.

 

HFO Capital have two operations; one based in the Cayman Islands and the other in Ireland. At some stage in time they sold the Cayman assets to Ireland.

 

If they have messed up the assignment issue; you win. Simple as that.

 

It's what I have won on.

[clivey888]

I called barclaycard at 5:20 when got home from work but was told they couldn't answer my questions as account with collections and to call back tomorrow.

 

Does the info you provided to me have to be in tomorrow with the AQ or can it go in afterwards?

 

Be back 1 hour chaps have to take boy to footie training.

[vjohn82]

I called barclaycard at 5:20 when got home from work but was told they couldn't answer my questions as account with collections and to call back tomorrow.

 

Does the info you provided to me have to be in tomorrow with the AQ or can it go in afterwards?

 

Be back 1 hour chaps have to take boy to footie training.

 

Doesn't need to go in AQ. But the sooner you get it the better