HFO/Turnbull Rutherford chasing me after 6 years

[Ladydog]

Hi All,

 

wonder if you can advise me also.. I see this company has a bit of a bad reputation (Turnbull Rutherford Solicitors).

They have just contacted me by phone to say they have bought an old credit card debt and now wish me to pay them.

Let me go back further to explain my story. I owned a real estate development company that after several years of successful projects found itself in difficulty in 2004. I bought a large Victorian factory with plans to convert it into apartments in 2001. Very straight forward, apart from the fact that the head of the local planning department changed 3 times in 2 years. Each time the new manager requested I change the design, the sizes or number of units. After 2 years, the heritage department decided to grade 2 list the building, 1 week before the final planning approval meeting. This now meant everything had to be approved by them also. They also changed the whole project.

By this time I was in too deep, had to agree to everything and started the renovation. The build costs doubled and the banks decided to close up shop as they saw the financial crisis on the horizon. I finished the project by financing it on credit cards £40k, not a great idea I know, but I had a choice of paying contractors who had been loyal to me for 5 years ( electricians, plumbers, carpenters etc) or letting the Ltd company go bankrupt and them not feeding their families or kids..

Later I was not able to pay the credit card debts as the property market crashed and the apartment sale prices dropped 35%. I could not pay the credit cards, tried to talk to them, got nowhere fast and having no assets or ties to the UK, moved abroad, (bad I know).

I have seen mail from different companies who bought the debts, as I had a PO Box for a year or so, but I made no contact.

 

Well it has been over 6 years now and I have not heard anything from anyone. I assume they chased me for many years but were unable to trace me. I may have CCJ's I don't know, but I do not want to enter my personal and credit card details re-activating my file no doubt, to find out. I now live in Eastern Europe, have a new company and life.

 

So back to the call. The person asked me many personal questions, I denied everything, but then he said, he knew it was me and unless I paid him they would not only come after me, but also my new Ltd Company for the debts. He then suggested he could make life very embarrassing for me in my new life and with my work colleagues and friends.

 

I understand that the debt is statute barred if no contact or acknowledgement etc in 6 years, apart from if a CCJ has been made. This company suggested I had made contact a few years ago, but I can't recall anything.

My question is, can they chase me for the debt in an Eastern European country (part of EU), can they place a CCJ here on my home (in joint names with negative equity), can they try to take company assets, or blacken my credit rating here, can they sell the debt again to a local debt collection company here to chase or place a CCJ against my home? The bailiffs are particularly nasty here and corrupt and will go straight after my home not the debt..

 

Any advice welcome..

[rebel11]

Hi lady

 

Welcome to CAG

 

The guys will be happy to advise as soon as they are available.

 

Thread moved to the correct forum.

[king100]

You need to check online, cost you £8 and see if you have any CCJs. If you have the dates will be important as they would have a tough time explaining to a judge why they haven't acted sooner. Google trustonline as that is where CCJs are registered.

 

What happened to the ltd company, was it dissolved? They can't go after your new limited company, hence why thay called it ltd as it had limited liability. They are basically chatting bs.

[king100]

Oh and don't bother speaking to them on the phone, if you do make sure you record the conversation.

[king100]

Making contact doesn't un sb the debt, only a letter stating that debt is yours or payment towards the debt

[cerberusalert]

I understand that the debt is statute barred if no contact or acknowledgement etc in 6 years, apart from if a CCJ has been made.

That's correct.

 

This company suggested I had made contact a few years ago, but I can't recall anything.

That is quite common for them to say that. However your contact would need to be in writing & they would need to prove it.

 

My question is, can they chase me for the debt in an Eastern European country (part of EU),

technically yes, but in reality they would find it both difficult & expensive.

 

can they place a CCJ here on my home (in joint names with negative equity),

if they had of obtained a CCJ they must have used a previous UK address. If they have you can easily get it set-aside as they cannot legitimately obtain a CCJ against a non-UK resident. This can be checked online but I wouldn't bother because if the did have a CCJ they would have mentioned it.

 

Have you sent them the Statute Barred letter? If not send them this; http://www.consumeractiongroup.co.uk/forum/content.php?408-Letter-sent-when-debt-is-statute-barred

[DonkeyB]

Lots to do here.

 

First of all, I’d suggest a complaint to the OFT regarding the threats made to you – they have NOT identified you properly, and ar making threats they CANNOT carry out. They are, in short, lying, and breaking the OFT debt collection guidelines in many ways.

 

Contact Polly Ashford at the OFT – polly.ashford@oft.gsi.gov.uk – or call 020 7211 5891. Write to her at

Office of Fair Trading

FREEPOST

London EC4B 4AH

 

Secondly, the company ‘owning’ the account is HFO Capital. Turnbull Rutherford is the nasty, incompetent, evil solicitor which runs HFO Services, the collection agent.

 

Thirdly, who was the original debt with? This is probably a Barclaycard, sold to HFO in 2006 or 2007.

 

You could call Barclaycard to ask when the last payment was made on the account – ring Barclaycard recoveries 0844 556 0066 and ask them exactly when the last payment was made on this account. Also ask which company this was sold to – exact name, address and date of sale – don't mention HFO or Turnbull Rutherford, see what they say.

 

DO NOT claim that the account is SB until you are sure of your facts and have the information to hand.

 

Can you tell us any more about the history of the account? Do you have records to show your last payment?

[DonkeyB]

...and the rest of the HFO Fan Club will be along soon...

[coledog]

Afternoon all

[coledog]

We had a few cases last year of people living in the US who received similar threats, and that is all they are - do as advised above, report to OFT. Trustonline is a good option to see if there are any CCJs, much better than trying to register with a Credit Reference Agency and this may put your mind at rest. Do not need to tell you - DON'T speak to them on the phone unless you can record it. If Barclaycard are the original creditor give them a call and get the last payment date. If not, let us know who the OC is.

[broken arrow]

Subbing.

[Ladydog]

Hi all,

 

thanks for your swift responses. I looked at Trustonline and was just concerned about giving my new bank card details or re-activating my credit file by searching. Also not having been in contact with the lenders for 6 years I no-longer have any information on my account numbers. By calling the lenders will they give me information about last payment dates over the phone, by just quoting my name and old address?

Will they reactivate the file?

I don't like the idea of sending them the statute barred letter or requesting if they have the original contract, as they will need a reply address which they don't have currently.

 

Yes my UK company was dissolved.

 

The debt was £40k to the 2 companies, plus additional charges various new companies may have added along the way, do you think that is an amount worth while to chase in another European country?

 

Very helpful info, thanks..

[DonkeyB]

HFO will only own one account, probably. Who were the original cards with?

 

No, companies like Barclaycard will want your name and address at the time you had the account, and will do security checks like your mother’s maiden name. An account number would be useful.

[MARTIN3030]

Test

[MARTIN3030]

Thread title changed-and seems moving up ok now.

[DonkeyB]

Thanks Martin.

 

 

CORRECTION – not working for me!

[king100]

I am assuming that the cc are in the dissolved company names?

[MARTIN3030]

DB try clearing cache.

[Ladydog]

Hi,

 

he quoted he had bought 2 of the credit card companies debts, Morgan Stanley and Barclaycard.. Although then mentioned he currently was not interested in chasing me for the others. I suppose he can see the other companies as well? I suppose if I made a settlement agreement to them for 2 of the cards, they would go and buy the other debts and then chase me for them too!

 

If he calls again, then I will probably need to call the lenders and check my credit file for CCJ's.

 

Wishfull thinking I know but, do you think once he realised he had found me and I was living abroad, he might decide not to continue with further action?

 

Maybe I should just wait?

[Ladydog]

Hi,

 

No the cards were in my personal name not the companies..

 

It seems he found me through Linked-in a business social media site I joined a few months ago( mistake I know)..

I have taken my info off now, but google holds the page as cache also. This worries me that other companies might see it..

[DonkeyB]

Ladydog – Barclaycard would be responsible for both those accounts, as they acquired the MS portfolio. Please call Barclaycard, as advised, and find out when the last payments were made. Then we’ll help you get these numpties off your back.

 

Martin – thread still showing as last post 10.30am by rebel11, in three different browsers! Anyone else having the same problem?

[DonkeyB]

And he’s not interested in chasing for the others? That’s probably because they’re nothing to do with HFO! They are deliberately misleading you – please also complain to the OFT as advised. Do you want to get them off your back?

[DonkeyB]

More explanation for you, Ladydog...

 

When Barclays heard no more from you, they would have recorded a default on your credit record for both accounts. The date of this – as we know from experience with Barclaycard – may have been quite some time, maybe six months or more, after your last payment. They may then have waited another six months or more to sell these accounts to HFO. So the last acknowledgment – the relevant date for SB – may be a year or more before HFO got their dirty evil little paws on it. However, they will not volunteer the fact that it may be SB. Even if it is SB, and you then acknowledge the debt WAS yours, that does not bring it back to life.

 

HFO know exactly when the last payment was made – I can prove that Barclaycard provide them with this info as part of the data on sale.

 

So you MUST call Barclaycard and find out the last payment date, when the account was defaulted and who it was sold to. If the data is what you expect – ie. more than six years – then you can send the SB letter in confidence.

[DonkeyB]

Crikey, nearly called you Ladyboy...

[DonkeyB]

Furthermore, Ladydog, if BC only sold the accounts to HFO in 2007 or so, they would legally have to still hold the data.

 

An alternative is a subject access request to Barclaycard. Barclaycard are NOT allowed to divulge your details to anyone else. You now have NO agreement with them at all.