Hi guys I have received another claim form from Northampton.

POC's:

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?

Thanks guys

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.

thanks for the very interesting piece of information - will do that;)

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

Sorry to hear you are unwell Paul, hope you are on the mend and feeling better soon:)

Hi All

Is this correct that HFO cannot claim in this country as I am just setting up my defence to send Thursday??

I would like to know too,thanks

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.

Hi

Please can you help me with this I have received a notice of allocation to the fast track:

The judge orders that you and the other parties prepare for trial as follows with a timescale of 2 hours!!

Disclosure shall take place as follows:

each party shall give standard discovery to every other party by list

The latest date for delivery is 31/7/08

The latest date for service of any request to inspect or for a copy of a document is 7/8/08

Each party shall serve on every other party the witness statements of all witnesses of fact on whom he intends to rely

There shall be simultaneous exchange of such statements no later than 4/9/08

No expert evidence being necessary, no party has permission to call or rely on expert evidence.

Each party shall serve any request for clarification or further information based on any document disclosed or statement served by another party no later than 14 days after disclosure or service

Any such request shall be dealt with within 14 days of service

Each party must file a completed pre trial checklist no later than 26/9/08 and the claimant must pay a fee of £100. In addition a hearing fee of £500 must be paid by the claimant.

Not too sure what i need to do - any help with this please would be appreciated.

I have sent the CPR request and they have failed to comply as yet

Thanks

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Hi Linz Try a PM to pt2537, or steven4064.

Regards LIBM

Hi Linz read this thread, I think it might be relevent to yor situation.

http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/124572-hfc-no-agreement-amended.html

thanks v much x

Hi

Please can you help me with this I have received a notice of allocation to the fast track:

 

The judge orders that you and the other parties prepare for trial as follows with a timescale of 2 hours!!

 

Disclosure shall take place as follows:

each party shall give standard discovery to every other party by list

The latest date for delivery is 31/7/08

The latest date for service of any request to inspect or for a copy of a document is 7/8/08

Each party shall serve on every other party the witness statements of all witnesses of fact on whom he intends to rely

There shall be simultaneous exchange of such statements no later than 4/9/08

No expert evidence being necessary, no party has permission to call or rely on expert evidence.

Each party shall serve any request for clarification or further information based on any document disclosed or statement served by another party no later than 14 days after disclosure or service

Any such request shall be dealt with within 14 days of service

Each party must file a completed pre trial checklist no later than 26/9/08 and the claimant must pay a fee of £100. In addition a hearing fee of £500 must be paid by the claimant.

 

Not too sure what i need to do - any help with this please would be appreciated.

 

I have sent the CPR request and they have failed to comply as yet

 

Thanks

Can you give us a bit more background - who is the claimant, who is the defendant, what is the claim?

The 'standard discovery by list' bit means that you have to serve on the other party and file in court a list of all the documents you want to see for your case. Presumambly this will just be the list you have already sent them under CPR part 18. Let us know what that was and we can advise if anything else should go on it. You have to send this list by 31 July. It could be that the bank will balk at this and offer to settle.

If they don't give up here, then, if you want to see original copies of any of the documents, you have to send a list of those by 7 August. This another opportunity for the bank to give up.

Then you have to prepare and serve a witness statement by 4 October - we can help you with that once we know what the case is, etc. You will get their witness statement(s) at the same time and you have 14 days to ask any questions about it (and they about yours) with 14 days to reply.

Finally, by 26 September, you have to complete a pre-trial checklist

which the court will send you.

So the first thing you need to do is to put together the list of things you want from the other side. Keep us posted and we'll help you through the rest

Hi

Thanks for the response - it is HFO for a monument card it is £6k balance they are taking me to court - they sent a letter back to the CPR saying they want to help and prevent court action please ring our offices - which I did not and I have not heard anything since. So do I just sent a copy of the CPR to the court?

Thanks

So what did you ask for in your CPR request?

Hi

CCA, T&Cs, full statement of account - also sent an SAR over 12 months ago and never received a response

Thanks

So I suggest you ask for:

a) a copy of the executed agreement regulated by the Consumer Credit Act 1974 for the account;

 

b) a full statement of account showing all relevant debits and credits, including any charges added to the account by the Claimant;

 

c) copies of Default Notices (if any) issued pursuant to s87(1) of the Consumer Credit Act 1974 by the Claimantto the Defendant;

 

d) a copy of any Notice of Assignment to the Claimant relating to the Defendant’s account;

 

e) if copies of any of the above documents are to be relied on in court rather than originals, a copy of the Notice of proposal to adduce hearsay evidence required under s2(1) of the Civil Evidence Act 1995 together with proof of the authenticity of the document(s) as required under s8(1)(b) of the Act, including but not limited to:

 

(i) a copy of the procedure(s) used for copying, storing and retrieving documents;

(ii) a copy of the relevant log entry showing the time and date of the scan or copy, the name of the member of staff making the copy, the method used for copying, storage and retrieval and time and date of destruction of the original document(s);

(iii) copies of internal and external audit reports covering the entire period from the date of the copy to the present to demonstrate that the procedures have been complied with;

(iv) copies of Quality Assurance accreditation certificates covering the entire period from the date of the copy to the present to demonstrate that the procedure(s) and audit process(es) comply with the appropriate quality standards.

many thanks - can i just clarify do i send this to the court and the claimaint?

Thanks again

Yes, I'm just trying to find out the format

OK - I got it slightly wrong. You can't ask for documents - they have to volunteer what they have, as do you. Nothing that is not on the list can then be use in court.

You need to use form N265 off Her Majesty's Courts Service - Home

sorry i am a little confused that form says things like "state that I have carried out a reasonable and proportionate search to locate all the documents which I am required to disclose under the order made by the court on (date of order)

I sent the CPR request and they have not responded - should I not sent a copy of that letter and nothing else because that is all i am relying on as they have not produced the documents that form looks like what the claimaint has to fill in - sorry if i am being dim but all the other times i have done this it has been small claims and relatively straight forward

thanks