Ok...I will send them both a letter asking for costs as litigant in person - and postage expenses. Do i give them a certain number of days to respond before starting court proceedings? On the PoC would I just state that these are costs arising out of an earlier claim that was dismissed? Thanks....Prynhawn da (The only bit of welsh I remember from Primary School!)

I have been doing some research around suing HFO/Turnbull to recover costs just to add to their workload but I am having trouble on the next steps. The Judgement states "this case is dismissed" and earlier in the summary it states that the Claimant be granted permission to amend the claim (change of Name from Capitol to Services)...service to be dispensed with on the basis this is a final hearing. So who do i need to write to you with an outline of my costs? HFO, Turnbull or do I go straight to the Court? Every example I have seen is for when a case has been discontinued (Part 38 - PART 38 - DISCONTINUANCE - Ministry of Justice) Getting myself in a bit of a muddle here with this! Any ideas much appreciated...

Havent checked this forum for a while but glad too see that HFO are getting some of their own medicine back! If you still need any info then let me know and I will send you some stuff across. In my case, the stated they had a NoA in the PoC, they refused to supply me with it after numerous SaR, they didnt supply one even after direct instruction of the Court. They filed their defence/witness statements after I had filed mine and even reffered to statements I had made in my defence (after the deadline for documents that were to be relied on in court be sent to me) Is it to late to countersue these chumps now? after reading a few of the threads on HFO I would like to join the fun and get back on their case again.

Hi melmumof3! Your situation sounds very much like what my father was going through...I believe you read the thread at a early stage and I didnt update is much towards the end because of other commitments. My dad's case was dismissed in the Court and I can tell you that the other posters are right, TR are fighting a losing battle with your case and they know it. http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/189806-hfo-turnbull-court-proceedings.html The witness statement and skeleton argument is pretty much what they used including word for word:- "conclusion the defendants reliance on irrelevant minutiae, and bare denials of sums owed and documents received. is illustrative of her seeking to avoid payment of the debt." Hang on in there, I worked on my dads defence from the fine examples in another posters case (Pank). http://www.consumeractiongroup.co.uk/forum/legal-issues/169400-hfo-services-help-wanted.html In my dads case we focussed on the lack of a valid Credit Agreement and Invalid Notice of Assignment. Its a good starting point but most importantly dont lose hope now - now is the time to stick the boot in!! Good Luck

I am still a bit confused with the terminlogy Case Dismissed vs Discontinued vs Won Whats the difference? Can i sue them now? Can they start proceedings again at a later date?

Thanks Maybe HFO/TR hace sharpened up their act recently looking at some of the more newer cases but in my dads case, their efforts although admirable were so shambolic it didnt really get too far in court! Working on a summary now...come back soon for the gory details!!

Thanks Donkey B, will have a read through the other post and see if there is anything I can add.

Its been a while since I last posted on here due to a change in employment and home but to keep it brief for now, this case went all the way to a court hearing where it was dismissed. I will post back with more details with what happened after I last posted before, it went back and forth for a while and it was looking very scary at one point but a lesson for anyone who is currently experiencing the same situation. Hang on in there, be persistant and stand your ground - they will be made to look like the idiots that they are when the day of reckoning comes. Thanks to Pank, HavinAStella, ODC, 42Man and numerous other posters for all the great help given in this and so many other threads on this board. very much appreciated. I am feeling a bit more emboldened by this little victory, Can I now countersue after a case has been dismissed? It was dismissed on 11th Sept 2009. p.s How do i change the original subject title of this thread to state the case has been won? :):razz:

I remember something about HFO Capital not being registered in the UK and therefore unable to serve claims in UK...I am not sure where i read it but it might be another avenue worth researching....

Hi IGNM - I have been following Panks thread and you did a stirling job, hope some of your good advice will help me as much. The claim was for approx £4800 so it looks like its heading down the small tracks claim. The AQ Was submitted last Friday. Got another letter from turnbulls, enclosing a copy of their AQ..interesting in section G. They state claim was incorrectly issued online in the name of HFO Services Limited, but they are only agents of HFO Capitol Limited. They are requesting leave to apply for a substitution of names. Whats that all about then? IGNM - Whats the best way to post the documents online? I know HFO sometimes trawl this board, maybe I am being para but I dont want to be revealing anything to them.

well done mate...I hope the buggers give up on my father as well!

It shows that perseverance does pay off in the end. I am just finishing filling in this form I am going with what i outlined before. Will keep it brief since the court hearing (if it happens) should cover the details (or lack of) in this case. Any last minute advice?

bump I really need some help om Point G...am in work today so cantpost but hopefully someone can help me out I have an outline of what I shall put in the box:- No CCA Non-Compliance with CPR - still outstanding No default notice No letter of assignment Do i need to put anything more in there, i can always show all my documentation when a court date has been set but for now will this suffice.

Its been a while since i posted so let me update you on whats going on. My father has been away on Holiday for a while and has come back to find an allocation questionnaire for Small Claims Track waiting for him (presumably because the amount is under £5000). This AQ has to be submitted by this Sunday so I am looking at it now with a view of getting it done before Friday. The court is quite close so I can always get my father to deliver it by hand on Friday. I still have had no response from Turnbull to my CPR request reminder letter which isnt even a surprise anymore. So I have got this far with the form A-Yes B-No c-Yes D-No E-No Experts F-Self Evident G-Should I outline the whole situation in here? its a small box - Can i attach another document H-Do i pay the fee or does HFO Any suggestions on G&H would be breatly appreciated.

Nothing yet.....Do you think its worth me writing again to Turnbull I dont think its gaving any affect...I ask under CPR disclosure for everything they have Are they really telling me that only have an application form and copy statements with a differant address. I have read Pank's thread and a few other but I havent found one thats like mine No default notice, No letter of assignment (as stated in POC), No CCA, No breakdown of Charges, Nothing... Frankly I am amazed that this is managing to get this far...

Turnbull have finally crawled out and responded to my dad after I filed my defence. They hace sent a latter acknowledging receipt of my defence. A copy of the application form again (which I know is not a credit agreement) and set of statements (computer screen printout not copy of originals). The statements have a different address to my dads current address, which is the same address as on the application form. Now under CPR they are suggesting we resolve this issue as efficiently as possible and without neccesary expense (so nice of them!!). If I dont comply with their niceness 7 days before the courts allocation submission date (Whats that?) then they will file their allocation questionaire. So what to do next? Write to TB again saying the evidence provided is not good enough, no default notice, etc? Wait for it to be allocated and go for them in court?

Been away for while so havent had a chance to keep this post updated but thanks to Pank's timely reminder I filed a defence online. The defence was based on the fine examples in Panks thread. I am now just waiting for the courts response. melmumof3 - If you havent already, I would suggest looking at Panks thread. It is also very similar to mine and there is some good information in there for you.

damn...I had forgotten about this......have been so busy in the last few days that it completely slipped my mind.....Will read your thread today to compose a defense.. what was the basis of your defense? I will read properly tonight but just to give me a starting point. Did you just write to the court with the defense slip that came with the claim form? What was the basis of your defense? I wont have time until the evening to properly sit down and go through all this..... HFO/Turnbull knobs...havent even replied to CPR still!...another late night... (Sorry just typing out loud) Panks, cheers for the reminder.

Hi Pank, I have read through your post and gained good advice from there...best of luck in sorting these B*****ds out. Sent the CPR and confirmed reciept on the 20th but no response yet, the original agreement (if they have it) was made in 1980 and trying to get any documentation had been a nightmare. Barclaycard dont want to know anything, they have still to respond to a recent SAR. Not a single document from HFO/Turnbull - No NoA, CCA, Default Notice; I requested a CCA last year, got sent an application form last month and still they started Court Proceedings (hence my WTF!) I filed an acknowledgement online on 19th, CPR Gave them 7 days but heard nothing so I am just reading around CAG to get an idea of the defence I should put together. (any tips/links would be appreciated) This whole process has been a real eye-opener for me, i guess I was a bit naive about our legal process and regulatory bodies. I am amazed that companies like HFO/Turnbull can get away with such lies for such a long time without no-one acting. To that end I do want to take this further with the watchdogs, I havent complained to anyone yet but I want to add my fathers case to the growing list of complaints - it can only add mnore credence to the whole argument of dodgy DCA practices. Should I just outline the whole case to each body or is it worth focussing on particular areas where they have been found wanting.

Thanks, By contacting the court do you mean phone them? Write them a letter? Will do some more research on holding defence. What further period can I wait before getting this struck out? Is it Court dictated or can I specify? Sorry for all the extra questions but trying to get it all together in my head before I take the next steps. Thanks

bump

Hello All, Its now been 10 days since they received my last letter (CPR Request) and no response from HFO/Turnbull. What should I do next? I presume its to get the case thrown out but how do I go about this?

Thats where I am worried...he is insistant that he did close the account but whether this was actually actioned by Barclaycard i supose the SAR will disclose. What I do know is that since that time he has had zero correspondance from Barclaycard - no statements, default notice, nothing. Nothing until HFO start to call regarding a debt, HFO had it in their heads though that my fathers address was on other side of town. If the address was changed on the account after my father cleared it then that would explain a few things - The SAR to Barclaycard should hopefully yield a few more answers to what happended to the account after my father cleared it.

Thanks, Sounds like another good avenue to pursue...I will hunt around the site and find a SAR letter I can use and send to Barclaycard.

Dad doesnt have the last barclaycard statement but he can get hold of a statement that shows the cheque. As far as I am aware the cheque cleared the total remaining balance at the time. Tell me more about your plan...sounds intriguing....