HFO Services/Capital/Turnbull barclaycard debt

[vjohn82]

Hi,

 

Just to keep the thread nice and clean... please place ANY Notice of Assignment you have received from HFO Services / HFO Capital / Turnbull Rutherford in this thread.

 

Make sure your personal details are blanked out for privacy reasons and to meet the forum rules.

 

Please also state when/if you were taken to court by any of the above companies, the date this occurred, who the Claimant was and the outcome.

 

The document will not be used without your permission.

 

Thank you very much.

 

To get the ball rolling here is the one I received.

 

 

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

 

[DonkeyB]

Do you want the 'hello' notices from HFO as well? There's a million varieties!

[vjohn82]

Errrmmm... anything relating to that would do

[vjohn82]

Part of an email excerpt received literally 3 minutes ago from Barclaycard Debt Sale Management Team:

 

"I can also confirm it is normal practice for debt agencies to send the Notice of Assignments to customers once accounts have been sold to them and we give them permission to use our logo and letterheads for this purpose."

 

Bad news HFO Capital/HFO Services/Turnbull Rutherford...

 

YOU HAVE BEEN RUMBLED

EVERY account which has an incorrect assignee on a Barclaycard letterhead is an UTTER FRAUD.

 

 

[vjohn82]

A post of mine has been cagbotted but I don't know why???

[DonkeyB]

Er... ditto! But on your main thread.

Edited January 29, 2010 by DonkeyB

[DonkeyB]

I'm usually careful to avoid libels... crikey, i've been trained in avoiding it. Pretty much everything we post about this lot is based on their documents and their statements. Puzzled... could a mod elucidate by PM?

 

I'm guessing maybe a mod has re-read the whole thread and spotted a naughty... or maybe, maybe there have been complaints....

 

Apologies in advance!

[vjohn82]

I have requested a mod to take a look in... seems odd to remove posts with no reasonable explanation.

[DonkeyB]

I got cagbotted on this thread... it was quite an old post, I think.

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/231293-help-defence-ws-required.html

[vjohn82]

Do you think some pressure is being felt by the site team from a certain group of companies?

[DonkeyB]

Well, if I were a mod and I had to deal with Aunti Di, I'd boot me off the site toute suite!

[steven4064]

I have requested a mod to take a look in... seems odd to remove posts with no reasonable explanation.

I have been through the whole thread. The only post that has been moderated is the old post #12 which accuses Turnbull of fraud and has therefore been moderated

[vjohn82]

I have been through the whole thread. The only post that has been moderated is the old post #12 which accuses Turnbull of fraud and has therefore been moderated

 

Hi Steven,

 

Thanks for the clarification but what exactly was mentioned with regard to the "fraud" - was it a generic sweeping statement or was it specifically related to a document/account?

 

Thanks

[pt2537]

A post of mine has been cagbotted but I don't know why???

i cant seem to see any posts unapproved here?

 

was it on this thread ?

[steven4064]

Pt - see my post #84 above

[pt2537]

Pt - see my post #84 above

ooops

 

ok cheers

[vjohn82]

i cant seem to see any posts unapproved here?

 

was it on this thread ?

 

Here was the message I received...

 

Hi vjohn82,

 

The post that you created in the following thread has been un-approved

 

-----

Post ID:

VJ

 

You also need to consider the Van...

Thread: ***Notices of Assignment from HFO Services***

-----

 

This is an automated message, please do not reply.

 

Regards,

The Forum Management

[Docman]

VJ

 

You cannot accuse a solicitor of fraud. On the other hand, I beileve that you can say that the documents sent to various debtors from certain companies may be prime facie evidence of an offence under S2 of the Fraud Act 2006 and their introduction into court with a 'Statement of Truth' constitute a further offence under Section 5 of the Perjury Act 1911.

[vjohn82]

VJ

 

You cannot accuse a solicitor of fraud. On the other hand, I beileve that you can say that the documents sent to various debtors from certain companies may be prime facie evidence of an offence under S2 of the Fraud Act 2006 and their introduction into court with a 'Statement of Truth' constitute a further offence under Section 5 of the Perjury Act 1911.

 

Docman,

 

I disagree. There is too much sensitivity regarding what might be construed libel/slander in the modern age. Anyone can make a claim which they have an honest belief in its truth.

 

The dictionary states clearly what "fraud", the noun, is:

 

–noun

1. deceit, trickery, sharp practice, or breach of confidence, perpetrated for profit or to gain some unfair or dishonest advantage.

2. a particular instance of such deceit or trickery: mail fraud; election frauds.

3. any deception, trickery, or humbug: That diet book is a fraud and a waste of time.

4. a person who makes deceitful pretenses; sham; poseur.

 

If the solicitor wished to bring proceedings against me or the site he would have to argue against Barclaycards own statement that:

 

a) they sold the account to Roxburghe

b) they did not write the NoA recently used in proceedings

 

TR/HFO used a document using Barclaycard headed paper which claimed the accound was sold to HFO Capital.

 

I would like to see him argue against it.

 

In any case I would like to know on what basis the mods removed the post... I do not recall accusing anyone/any firm of anything.

 

I am very careful with the words I use as I know better than anyone here how your own threads can be used against you in court.

[vjohn82]

Brief Timeline:

 

1. CCJ entered in default in July 2007 - unable to defend due to illness

 

2. Recovered sufficiently in 2009 to start a legal challenge

 

3. The Set aside process started in September and concluded in my favour on 9th November 2009

 

4. Defence filed on 16th November and the Claimant filed both a response and a Summary Judgement application

 

5. Allocation Questionnaires exchanged in December 2009

 

6. Notice to Admit Facts - CPR 32.19 sent to Claimant upon the discovery of a document which I allege has been created specifically for the purposes of litigation

 

7. HFO Services attempt to serve a "gagging order" by complaining to the District Judge that a document (exhibit CP2) was disclosed in contravention to the CPR

 

8. Document proved to be disclosed during a public hearing on the 9th November 2009 and document allowed

 

9. In December I received written evidence from the original creditor Barclaycard that they do not create Notices of Assignment and that they allow the new "assignees" to do this by using letter heads/official documents etc

 

10. Barclaycard also confirm the account was sold on 04/05/2006 to Roxburghe UK Limited

 

11. This proves HFO Services/Capital have no legitimate right to pursue legal proceedings

 

12. I send a Notice to Admit Facts again to HFO Services in January

 

13. HFO Services instruct Turnbull Rutherford to "discontinue" the claim in full for unspecified reasons

 

Current status:

 

14. I am currently pursuing a wasted costs order under CPR 38.6 for £700+

 

15. Turnbull Rutherford Solicitors instructed remove my information from their files

HFO Services have until 8th February 2010 to remove my information from credit files and pay my wasted costs

 

16. Currently considering taking the claim to a hearing by "setting aside" their discontinuance

 

Previous thread has been deleted for, as of yet, unconfirmed reasons but if you are to post here please keep your messages factual. Opinions which allege fraudulent or criminal activity will cause me to alert the site team. Thanks.

[vjohn82]

List of Documents during the process

Notice of Discontinuance: Notice of Assignment:

 

 

Application for credit:

 

 

and the alleged terms and conditions:

 

 

 

[vjohn82]

Here's the terms and conditions they alleged in their Witness Statement that were the ones that governed the account in question:

 

 

 

Here's the signature box of the application form

 

 

 

Notice how clause 15 on the terms and conditions bears absolutely no relevance to the one stipulated in the signature box?

 

Basically HFO Services submitted a terms and conditions document which bears no relation to the actual account they were attempting to enforce.

[vjohn82]

Remember the Notice of Assignment above? HFO Services/Turnbull Rutherford claim that it was sent by Barclaycard.

 

See paragraph 5:

 

 

 

 

However, Barclaycard say different and make it clear that it's normal practice for new assignees to produce their own assignments with permission to use logos etc:

 

 

[vjohn82]

I also received this information and it looks like Barclaycard sold the account to someone else and on a different date...

 

[vjohn82]

Draw your own conclusions as to who created that "Barclaycard" document... it certainly wasn't Barclaycard or else the assignment would have the correct date and the correct assignee.

 

They discontinued on the 18th Jan with no reason offered; care to wonder why?

 

Lesson to be learned?

 

Always ask the question of the original creditor, they might just hold different information.

 

I might add that HFO took this case to court without a credit agreement, proper default notice and with a balance made up of default fees.

 

There is now the issue of my wasted costs under CPR 38.6 to consider... we'll have to see if they pay them by the 8th Feb or face these issues in court after all.