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The claimant HFO Services Ltd is a services and collections company, which collects debts on behalf of HFO Capital Ltd. The claim is for monies due under a regulated interest bearing credit agreement. The assignee HFO Capital Ltd purchased the defendants account and all rights and obligations attacheing thereto from the original on 6/5.06. The original lender was Monumnet. A letter of assignment has been provided to the defendant previously. The claimant also claims interest thereon pursuant to S.69 of the CCA 1984 at the rate of 8% up to the date of judgement or earlier payment in full at the rate of X.XX per day. Contractual interest at the rate of 12% will accrue after judgement.
Do I just send the usual letter asking them for everything? they have not provided a notice of assignment, Monument are in breach of a SAR request made on 7th May 2007?
Re: HFO Claim form received help with Particulars of Claim
Firstly phone the court and let them know that HFO Capital are based in the Cayman Islands and it's been ruled in the UK that they CANNOT use HFO Services to claim money on their behalf - no recipricol agreement exists.....
Also inform the court in writing that you have not (I assume you have not) received the mentioned Assignment nor any letter before action from HFO Services. Northampton is a Bulk court and they are trying to pull a fast one....
As it's got to court you can save yourself £10 and do a CPR Part 16 (or is it part 18 request) as part of the court defence. If they don't supply the info you need (its in one of the stickys) then the case can be struck out.
Re: HFO Claim form received help with Particulars of Claim
Firstly phone the court and let them know that HFO Capital are based in the Cayman Islands and it's been ruled in the UK that they CANNOT use HFO Services to claim money on their behalf - no recipricol agreement exists.....
Hmmm very interesting, can you confirm where this has come from, what case law established this principle as it would be very very useful
Re: HFO Claim form received help with Particulars of Claim
My understanding was that anyone can claim in the English courts, provided they have an address for service in England. This could be their solicitors.
The determining factor is whether the agreement is subject to English law, not the residence of the claimant.
I have tried to do the bulk of this on my own (with the valued knowledge I have gained from this site) however, I am a little out of my depth.
I have submitted everything that is required and the court case was scheduled for November and the judge agreed to adjourn it as the court made an error and printed the wrong court on the hearing date - lucky for me because I had no idea it was a 2 hour hearing and turned up with nothing?????
Anyway this is what the Judge has ordered and the papers I have received from the other side - so really would like some guidance from your goodselves
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Sorry Josie, all that went in ages ago, this is just what has been received since the adjourned court case on 20th November - it is the 2 hour case I am slightly worried about - just needed to know if what they have here is watertight
Thanks
That is everything they have to rely on - I am not too sure about the Reply Card thing but surely it is insufficient? and they have only sent one statement should they not sent the whole statement of account?
I just need loads of mud to sling but just need it clarifying by you guys
It is ordered that
1. Unless the claimaint:
(a) by 4.00p.m on the 4th December files and serves amended POC
pleading the claimaints title to the sums allegedly due and giving full particulars of how the sum claimed in comprised (as to capital and interest)
and
(b) by 4.00p.m on the 4th December file and serves a statement explaining the claimants solicitors answers to question one of the pre trial checklist dated 22.8.08
and
(c) by 4.00p.m on 18th December files and serves a witness statement complying in ALL respects with the provisions of the Civil Procedure Rules and condescending not only to the claim but the matters set out in the Defence the claim will be struck out (without further notice) with costs.
(2) Upon full compliance by the claimant with Paragraph 1 above further directions will be given to lead an adjourned trial of this claim
HFO Claim form received help with Particulars of Claim - *** WON ***
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