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Everything posted by SP500

  1. Whilst not being experienced in the legalities, after a lot of reading here, I'm of the same mind with mine AA, prepare a "put up or shut up" N244 application to be the best course of action since without documents we're unable to defend properly. Hopefully, someone experienced in these matters will be able to confirm? There already appears to be several areas of defence, namely; whether debt is statute-barred, amount of charges + compound interest leading to a possible counter-claim, and the assignment.
  2. Hi spiritgirl, I'm sure the more knowledgeable guys and gals will be able to help you again soon. I'd just like to add my views; The documents they have sent aren't going to win them anything. They won't bother taking this any further so long as you enter a defence on time imho. There's No enforceable Agreement & No Default Notice (though they could reconstruct one at a later stage - not uncommon for debt purchases, allegedly Personally, I wouldn't worry too much about the SAR or having more time to defend, they probably need more time than you I think your next action would be to send them a "part 18 request" as Undercover-Elsa mentioned previously. Have a read up and think of some questions you'd like to ask them to clarify, remembering they are required to reply with a statement of truth. Their "Statement of Account" alone raises a few questions! A search of the forums will help with inspiration and confidence of the type of points to raise, along with the thoughts of the guys and gals who have already provided fantastic advice. If you also want to reply to their note about their litigation costs you could reply to suggest they discontinue their claim which will help avoid further costs to themselves! If you don't mind paying for a few stamps you could send them "little notes" of your own, get "in their face", and let them know they're whistling in the wind. These people say anything to frighten people into paying unenforceable debts. Keep an eye on the date though, you must submit your defence before the deadline. (p.s. I believe the "Payment Services Regulations 2009" is only quoted in the updated T&C they sent, not in the illegible originals of the 10 minute application)
  3. AngryApe, prior to the court claim landing on your doormat, did Shoosmiths make you an offer to repay half of the alleged debt? They did so for me - which I simply took as their admission that the alleged debt was either statute-barred or they didn't have sufficient paperwork to pursue in court Good luck
  4. Hi, I have also received one of these claims and will be following the same path. I was wondering if this is the normal route for these claimants to take with what appear to be statute barred overdrafts? Can someone tell me the relevant part(s) of the Law of Property Act 1925 I need to read up on? edit; from the info I've searched here it would appear they would be referring to s136 of LoP Act 1925 which refers to the assignment only.
  5. hi spiritgirl, You've already done the correct thing by not ignoring the claim as so many do, and starting your own thread here. I'm sure the more knowledgeable guys and gals here will be along shortly to help you out It would help them if you add the issue date of this claim. You will need to acknowledge service of the claim with the court, this can be done online. As you believe the credit agreement is unenforceable, you will presumably indicate your intention to defend all of the claim. You will have to send a SAR to the original lender. You will need to write to the claimant's solicitor and request an extension of time under CPR 15.5 and you should also make a CPR 31.14 request for the documents pleaded in the claim form. These are detailed in the "stickies" so you have some reading to do. The kind folks on here will help you with letters specific to your case.
  6. Sorry for the long time without update. Thanks again to the HFO fan club, the claim against my wife was stayed just like many others here. TR/HFO never replied to CPR request or reminder.
  7. Just to update, my wife's experian credit report shows her claim from HFO Capital Ltd relating to a defaulted account owned by HFO Services Ltd
  8. good luck bdcarr, seems to be a few of us defending very similar part claims and deadlines in these HFO /TR cases
  9. thanks broken arrow, the help is much appreciated must say - reading the number of threads regarding claims from HFO/TR is keeping me busy, i can see why their fanbase is growing
  10. thanks loanbuster, so the HFO/TR fanclub isn't confined to CAG
  11. Thanks broken arrow, I understand using a N244 is the correct route to take. I've found details on another thread re what's required for the N244 but may need to post for comments when we go there.
  12. Thanks coledog, we're watching our deadlines and will get an embarrassed/holding defence in early. TR are holding back the info we need but I'm trying not to read too much into that fact just yet.
  13. We're actually still in the dark re the origin of the agreement on which HFO's claim is based. Credit reference details received so far only give cause for opening a new thread on a completely different matter
  14. I take it as part of my wife's defence we should also ask the court to order the Claimant to produce docs? Still have some time left but should we also send defence by recorded post so we can attach copies of CPR 31.14 request and reminder sent? Thanks in advance, SP
  15. nothing new to report so I will look to write a follow-up letter to TR to the CPR request delivered Sept 15th
  16. Many thanks coledog, I used the CPR31.14 request you posted recently on Antares thread. SAR to Barclaycard later today hopefully. Will hold fire on the 'split claim' reference until i fully understand the relevant legal issue.
  17. Many thanks for the comments and suggestions, it's all very much appreciated. Unfortunately, I don't have 20 posts so am unable to post links/ images just yet. loanbuster - Yes, password was included to allow my wife to submit AoS, defence, etc online coledog - Thanks for the link, I will re-read that thread for more research
  18. Thanks loanbuster for your reply. In answer to your questions; My wife hasn't yet found any previous letters from HFOC. There's no recent communication regarding this alleged account. No mention of Barclaycard or HFO Services in the Particulars of Claim but reading other posts re HFO it is likely Barclaycard were the original lender in the form of a credit card. She hasn't sent any SAR as yet as she was going to request statutory credit reports from credit reference agencies to confirm BC as the original lender. The only date mentioned re assignment of the account is that in the PoC, i.e. 30 June 2007 Thanks SP
  19. Hi all, new here, My wife received Northampton CCBC claim form dated Sept 3rd a few days ago which led me to do some research. Hoping you guys/girls can help out since reading here there's similarities with cases you've come across previously. The claimant is HFO Capital Ltd, and their solicitors are Turnbull Rutherford. The claim is for an amount of £290 being made up of £225 claimed + £15 court fee + £50 solicitor's costs This will already strike a chord with some here! Here's the PoC: The Claim is for monies due under an interest bearing Credit Agreement regulated by the Consumer Credit Act 1974, which the defendant entered into with on . The Claimant purchased the account and all rights and obligations attaching thereto from the original lender on 30 June 2007. Notice of assignment has been provided to the defendant. The Claimant claims 225.00 in the action being instalment arrears due from the defendant under the agreement. In order to avoid any further action, the defendant should contact the claimant's solicitor immediately on XXXX XXX XXXX, quoting XXXXXXXX. Failure to respond will result in a County Court Judgement. On satisfaction of the claim and the costs there will be an unpaid balance to be paid by the defendant, this is currently accuring interest at the rate of 12% per annum. _________________________________________________ The missing particulars are actually missing on the form. The numbers in red are my edits. My research here tells me she needs to acknowledge service asap and send off CPR 31.14 request? My wife's case was issued in her maiden name and I was wondering if, when she sends her CPR 31.14 request in her current (married) name, they (TR) will find it a reason to delay reply. Is it enough for her to electronically sign the request stating she is the person named in the claim? As it stands she doesn't recall any contact previously with HFO Capital Ltd and genuinely requires from them any information about their case in order to defend the claim. The claim being for part payment only serves to conceal the origin of this debt. Any comments, notes and suggestions on any part of my post would be appreciated. Thanks in advance. SP
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