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Everything posted by Hants38

  1. Fingers crossed on this, The CCJ to be honest is the last of my worries as it's already happend and can be defended/set aside with ease on grounds I did not recieve the paperwork. The one thats worrying me is the SD as this has far more serious consequences, so I'm hoping they do grant Set Aside based upon the fact the wrong address was used. The Paper work originally sent by TR has still not arrived, however the paperwork sent out to my correct address arrived next day so I guess thats proof enough.
  2. Hi everyone I have completed my forms and am about to send them off both the 6.4, 6.5 witness statement and the N244 CCJ set aside. I have put down the following reason on the forms: 1. That on (b) 09/09/2011 the statutory demand exhibited hereto and marked “A” came into my hands. 2. That I © 1. Did not receive the relevant paperwork to defend the Statute Demand. Turnball Rutherford Solicitors had the incorrect address so no paper work has been received. The CCJ they have obtained was also not able to be defended again down to incorrect address de
  3. From your posts 42Man it looks like i'm going for set aside for both on the following grounds: 1. Statute Barred Debt 2. Not recieving the papers due to incorrect address being used Could you confirm this is enough thanks
  4. So am I right in saying I need to get an N244 Form into the court to set aside the CCJ. And also send in Forms 6.4 (based on wrong address) and Affidavit. Did someone in here also say that on the 31 January 2008 HFO Capital did not have a Liscence????? Really need help on what to put in these forms on this one please
  5. Hi 42Man can you just re itterate what I need to do as I have never filled out any of the forms and likewise want to get something in and on what grounds. thanks and sorry for being clueless on this but I still don't know what i'm putting down exactly for the setaside for the SD and for the CCJ I take it it's the fact they have used my wrong address. I was under the impression I had multiple reasons from some of the posts on here but need clarification and help completing my forms. Thanks for all the help so far
  6. One moment... No just my incorrect address. So if there is no date on their notice of assignment where do i stand???
  7. Yes I will post up shortly... dadofholly you asked "Does this letter state that Morgan Stanley have assigned the debt to HFO Capital? and if so when is it dated?" No it does not it merely says HFO Capital Limited is their client not Morgan Stanley?????
  8. Hi CD Ok in the particulars box on the Stat Demand it says the following (my details edited out) The Petitioning Creditor in this matter is HFO Capital Limited. The Debtor, xxxxxxxxxxx, beacame liable to the Petitioning Creditor by virtue of monies due under an interest bearing credit agreement, regulated by the Consumer Credit Act 1974. The Petitioning Creditor took an assignment of the Debtor's account and all right and obligations attaching thereto from a group company, HFO Capital Limited, incorporated under the laws of Cayman Islands with company registration number MC-138
  9. Ok from the items I requested under CPR (see below) 1 the agreement. 2 the notice of assignment 3 written notification of the chain of assignment 4 written demands for repayment sent to the defendant by the claimant Ok I have not recieved any copies of the agreement I take it the agreement is the original credit agreement as signed when i took out the Morgan Stanley card???? The notice of assignment only shows the Assignment from HFO Services to HFO Capital and not from Barclays to HFO there is not even a copy of a Barclays letter supplied???? There is a really bad pho
  10. Hi DB I asked for everything as mentioned in the draft CPR that was posted on here i'll double check..... thanks
  11. Thanks DB .... i guess where there is will there is a way forward. I shall await the documents from HFO/TR and post up once recieved. DB could you read the particulars of debt on my SD or not if not i'll send enlarged as it is all a bit wooly to me
  12. So I guess I await the CPR request he sent out yesterday then to my correct address. He was adament this will arrive before the weekend e.g. tomorrow. So If I have nothing from them (HFO Capital/Turnball Rutherfords) or Barclays by next Friday am I not able to put in the set aside??? Clock is ticking away and apart from figures and dates being thrown about verbally over the phone I still have nothing tangible. Still panicking as if I do not get a Set Aside in by the 27th as in 18 days from reciept of SD (09/09/2011) then I will be made bankrupt and as a company director that would b
  13. I spoke with Barclays (Gordon at directors office) and he said he'd chase. I spoke again this morning with James Bolton (Turnball Rutherford) and asked for the balance of the debt on date of purchase from Barclays. I also asked if he had recieved my CPR request. He said he sent it out on Tuesday and admitted that it is unlikely I would recieve it as it was to the details they held. He then said another copy was sent yesterday to the corrected address details. So i shall await these. He then said that he would note everything down and that i'd probably then have a 21 day period with
  14. I'll ring Barclays tomorrow and see keep reminding them. Ok Can I as yet start filling out my SD set asside. Or am i reliant on the info first (Waiting on others)?
  15. No I kept it very business like and cut him off everytime he tried to talk over me So I hope the court papers arrive shortly. Do I stand a good chance here guys of getting a set aside on the SD as still really worried. Do you think with what i've uncovered so far I have advanced positively
  16. Ok here goes James Bolton Reckons the last payment date was 31 July 2006. Now I know this is impossible so have requested a copy of the statement. I'm now confused how the last payment date can be later than the default date???? He was very concerned I knew what was on his screen and asked me where I obtained the info, I said I have inside info on them and he sounded rather nervous and said it was confidential and left the conversation Erm have i just messed up
  17. Well i've been ringing now for the last 45 minutes as asked and all i get is mailbox full and cut off. And my clock is ticking.
  18. Ok just phoned back at 12:00 and said to James where he should look. He laughed and his friendly tone has slightly changed, he said he cannot see the info as he has to go back to HFO and they will tell him. I said he was one of the same company to which he replied we are seperate entities and to check them out on Companies House. Ok he said to call back at 15:00-16:00 fingers crossed i guess
  19. I have just spoken to James Bolton and have asked for a copy of the Claim Form, I have also asked for the default date which he says is 1st Feb 2006. He does not have a last payment date and said he'd have to do some digging around. He immediately mentioned Statute Barred and that I may feel this debt is statute barred, I did not mention this personally. I said I want to see an actual Morgan stanley payment that shows my last payment. He is unsure if they can provide this but said he will get a date (no doubt plucked from within a more recent date) I have also informed him of the Set
  20. Morning everyone, well I tried calling James Bolton on the number as indicated on the SD. It goes direct to his mailbox. I have left a message for him asking him to collate the information needed and said i'd call back. Problem is I have called back every half hour now and it just goes straight to voicemail and then says mailbox full and cuts you off. I do not really want to speak to his colleagues as the SD states he is the point of contact. What can I do as the deadline to me being made bankrupt is getting closer. Am quite nervous about this again as I think they have given an imp
  21. The court did answer that and said no claim form was returned. So I need to ask James Bolton the questions as indicated in previous posts and then hopefully I have the info to set aside the SD, once that is done i should get the forms requested from the court as asked today.
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