HFO - Turnbull Rutherford - Morgan Stanley ***DISCONTINUED***

[geee]

Hi,

I posted on another thread and was told to make my own thread as you guys would help me out in my own thread so here goes, I hope you can help..

 

I received the following letters from HFO/TR after years of nothing. I left the UK Jan 07 and returned to th UK Dec 08 and have resided at the same address since Dec 08.

 

May 17th 2010 I received a letter from HFO Services with a notice of assignment of debt.

http://s847.photobucket.com/albums/a...ent=hfomay.jpg

 

So I checked my credit file out and saw that they had allready entered a default on my file!! The default balance is £3948 yet they say I owe £6376!!!

http://s847.photobucket.com/albums/a...edex3clean.jpg

 

Anyway I ignored this only to be sent a letter from there solicitors.

http://s847.photobucket.com/albums/a...t=hfoclean.jpg

 

After the above letter I sent them a CCA request on the 19th July 2010 to which I had no reply but I sent it recorded and it was delivered.

I then had court papers in the post claiming £225 + costs!!

http://s847.photobucket.com/albums/a...claimclean.jpg

 

What do I do now? Can they do this once I sent my CCA request? How can they claim when they haven't proved I owe them a penny?

These are the only two letters I have ever received from HFO also!

 

Your help would be much apreciated on this.

Edited August 10, 2010 by maroondevo52
Added info.

[geee]

Oops I meant to ask if I should send my CCA request reminder as I was going to do that today?

[broken arrow]

I see the claim form states Capital as the claimant in one section and then Services in the POC, also their have been two different Capitals, one in the Cayman and one in Dublin.

[vjohn82]

But something else will be better than a CCA reminder...

 

I would send a Part 18 request asking them to clarify the basis of the claim - you will need to ask for the credit agreement (again) referred to in the POC, the default notice stating the arrears due, the notice of assignment and statements demonstrating how the balance was accrued.

 

Today, you need to contact Morgan Stanley and ask them when the debt was sold and who to? If they try to fob you off, don't give up. You need to find this info. If they still refuse you need to do a Subject Access Request and pay a £10 fee (to Morgan Stanley that is).

 

It may seem that there is a desperate need to hand in a defence now etc but you have some time so be patient and I'll help you with this case wherever I can.

 

Your options, once you have all of the paperwork, will be to assess (with guidance from us here) whether you can defend the claim. If there is a reasonable prospect of defence you can either:

 

a) go all the way to court to defend it

 

b) agree to a consent order for the action to be stayed upon a small monthly payment being maintained (based upon you having a full defence to their action)

 

If you have no defence then:

 

a) go to court and get a CCJ

 

b) agree to a consent order for the action to be stayed upon a larger monthly payment being maintained (but still a payment you can afford).

 

However, consider this; HFO Capital (Ireland) were sold a raft of accounts on the 31st January 2008 which was 7 months before they had a Data Protection licence... this means they were breaking the law in processing your data and you can counterclaim.

 

You can also counterclaim once you have received statements if the balance sold contained any default/late payment/admin fees and/or mis-sold PPI.

 

The documents are crucial for this claim to be assessed though.

 

Here's a PART 18 REQUEST to send to them... send recorded!

PART 18 REQUEST.doc

[geee]

Ok great thanks for that i'll get on with both those things. Do I do nothing with the court forms for now?

Do I send a copy of the part 18 to the court and ask for extra time?

Do I send the part 18 to HFO or turnbull Rutherford?

I may sound a bit thick here but if they don't have the original credit agreement how can they claim any money from me? Also if they are from outside England and Scotland I thought they couldn't take me to court?

 

Sorry about all the questions..

[geee]

Hi again,

I tried to contact MS but all the numbers I tried were dead! I googled and the info I got was Barclaycard took over all MS accounts. I called Barclaycard and they checked my details and I was told that they had not bought my account and it was more than likely sold to the debt recovery company before they took over the MS accounts!

So there can be no way HFO can produce the original agreement?

Obviously I can't send my SAR now so I'll send the part 18 to Turnbull Rutherfood and await your instruction re County Court

[broken arrow]

Barclaycard, should have the records, from when they purchaced MS/Goldfish

[geee]

They said they have no record of me or my account number and that it was probably sold to the DRA before they took control so they dont have any info.

[martin g]

In that case the claimant will have a very hard time proving their case unless they were given all the documents that they will need to produce at trial as part of the sale.

 

i would push thro CPR requests for the CCA, default and termination notice and a full set of statements from first to last transaction and see if they come up with anything.

 

Martin g

[broken arrow]

This might help

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?272561-How-to-handle-HFO-Services-HFO-Capital

[vjohn82]

Ok great thanks for that i'll get on with both those things. Do I do nothing with the court forms for now?

Do I send a copy of the part 18 to the court and ask for extra time?

Do I send the part 18 to HFO or turnbull Rutherford?

I may sound a bit thick here but if they don't have the original credit agreement how can they claim any money from me? Also if they are from outside England and Scotland I thought they couldn't take me to court?

 

Sorry about all the questions..

 

Do nothing for now... you have 14 days from the date of issue to respond to the claim form (called an acknowledgement of service) - this gives you an additional 14 days to provide a defence (unless the other side agree to extend further).

 

So, on the 17th August log into https://www.moneyclaim.gov.uk/web/mcol/welcome and acknowledge service...

 

Then wait another 4 days... if HFO still have not responded... send them a reminder letter... wait 7 days... then contact us back here and we'll decide the best route to take.

 

So, here's your time line...

 

17th August - Acknowledge service online

 

21st August - Write to HFO confirming your acknowledgement and ask them to respond to your Part 18 request

 

28th August - Contact us back here

 

This is all assuming that they have not responded to you in the meantime ;-)

 

Hi again,

I tried to contact MS but all the numbers I tried were dead! I googled and the info I got was Barclaycard took over all MS accounts. I called Barclaycard and they checked my details and I was told that they had not bought my account and it was more than likely sold to the debt recovery company before they took over the MS accounts!

So there can be no way HFO can produce the original agreement?

Obviously I can't send my SAR now so I'll send the part 18 to Turnbull Rutherfood and await your instruction re County Court

 

If there are no documents available then this is to their disadvantage because they need to prove the claim entirely. I would send an SAR to Barclaycard anyway making it clear that you need the information about the account and that if they do not have any info at all they are to return your postal order (saving you the money anyway).

 

Why do this? Because I would rather you have a letter from Barclaycard confirming no paperwork exists ;-)

[broken arrow]

Sound advice from VJ, I am surprised they have no info on you, yes do the SAR, if they have nothing they will send your £10 back.

[geee]

I sent the CPR Part18 today to Turnbull Rutherford (recorded) and not HFO is this the correct one to send it to? The HFO address I have is a PO Box! I'll send my SAR (is there a template on the site?) to Barclaycard tomorrow.. I'll have to look up the address from somewhere and do I send that recorded too?

 

Thanks for the help everyone.

[vjohn82]

TR are now HFO's legal rep and have a professional duty to pass on correspondence.

 

The address for Barclaycard is:

 

BARCLAYCARD

Data Protection Team

Dept LRC

Northampton

NN4 7SG

 

Attached is an SAR template to use:

Barclaycard SAR Template.doc

[geee]

Thanks again.

 

Should I add this at the bottom under :-

I enclose a postal order in the sum of £10 to cover the statutory fee and which is not to be used for any other purpose.

If you are unable to supply this data then please be so kind as to confirm this in your response and return my £10 postal order.

[broken arrow]

Thanks again.

 

Should I add this at the bottom under :-

I enclose a postal order in the sum of £10 to cover the statutory fee and which is not to be used for any other purpose.

If you are unable to supply this data then please be so kind as to confirm this in your response and return my £10 postal order.

 

Sounds fine

[vjohn82]

Yes of course but they should return it anyway. Make a note of the number on the back of it too so that you can make a claim on it should it not be returned. Keep the receipt too!

[geee]

I'll do the SAR and sit tight until I get something or get to my dates to react..

Thanks again for the help..

[broken arrow]

I have posted on the other thread regarding SAR.

Welcome to the HFO fan club and we will support you as much as we can through this.

 

Regards

 

BA

[broken arrow]

Hi again,

I tried to contact MS but all the numbers I tried were dead! I googled and the info I got was Barclaycard took over all MS accounts. I called Barclaycard and they checked my details and I was told that they had not bought my account and it was more than likely sold to the debt recovery company before they took over the MS accounts!

So there can be no way HFO can produce the original agreement?

Obviously I can't send my SAR now so I'll send the part 18 to Turnbull Rutherfood and await your instruction re County Court

 

I think Barclaycard are telling you porkies, another cagger who had a Morgan Stanley account sold to HFO before, M S was sold to Barclaycard, has had a document which has come from Barclaycard. They had not bought his account either.

[patrickq1]

http://www.consumeractiongroup.co.uk/forum/showthread.php?264228-GE-Eversheds-defending-PPI-claim/page2

 

can BA and VJ help with this thread

patrickq1

[geee]

I think Barclaycard are telling you porkies, another cagger who had a Morgan Stanley account sold to HFO before, M S was sold to Barclaycard, has had a document which has come from Barclaycard. They had not bought his account either.

HFO had not bought his account?

 

I asked the chap at Barclaycard when and who bought the account and he asked for the account number twice to try and find it but with no joy. He then took the address and still nothing and added we have no details of that account and that it must of been sold before they took over MS.

However I sent a SAR to Barclaycard recorded on the 10/08 but it still says on the Royal Mail website "in progress"!!!

I was thinking about sending yet another one but tracked next day before 9am??? The PO said that they get bulk mail and will sign a document when they have checked all the mail but this seems a long time?

[broken arrow]

What do you mean by "HFO had not bought his account ?"

 

His account to was sold by Morgan Stanley to HFO, before Barclaycard took over the Morgan Stanley accounts, yet they still have data on this person.

 

The links to your docs do not work anymore.

[geee]

I understand what you say now.

Did he get his SAR then from Barclaycard? If so did they sign for his request on time or did it take more than 9 days like mine?

 

I think I will send another!!

[broken arrow]

I understand what you say now.

Did he get his SAR then from Barclaycard? If so did they sign for his request on time or did it take more than 9 days like mine?

 

I think I will send another!!

 

I would wait for now, I think they are a little bit busy at the moment with SAR,s.

This other cagger has only just applied for his SAR, but one of his documents he received from HFO, is stamped Barclaycard retreival, so they must have his records, have a look over yours to see if it has this on yours.