HFO Services - Court Claim Form, NEVER had any contact HELP!

[minitheminx]

Hi Everyone.

 

I have today received a claim form from the County Court for HFO Sevices. The particulars read

"The claimant HFO Capital ltd is a debt purchase company. 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 obliations attaching thereto from the orginal Lender, on 08/08/2007. The original Lender was Welcome Financial Serv. A letter of assignment has been provided to the defendant previously. the claimant also claims interest thereon pursuant to S.69 of the Country Court Act 1984 at the rate of 8.00% up to the date of judgement or earlier payment in full at the rate of 0.84 per day. Contractual interst was accruing on this debt prior to issue and will continue to accrue at the rate of 12% after judgment"

 

Right. This debt was with Welcome from 12 years ago. I had 2 payments to make on a 'reduced' balance repayment term but I wasnt able to meet the payments. So Welcome sold the debt 6 years ago. That company at that time wrote me a letter saying that £3000 was owing. I rang Welcome as Id only missed 2 payments of £150 each, but they werent interested and that was the end of it. I never heard anything else from this other company, and Ive not heard anything from anyone else since. This HFO services, have NEVER contacted me, not written or anything. Now ive received this court claim form, what can I do???

 

Ive sent the CCA letter to companies in the past, but I dont know if this will work here as its now with the court. Can anyone help me here?

 

Thanks

[42man]

OK....you have sent the CCA letters which is great, as you probably know, without the agreement the debt is legally unenforceable....they are probably hoping you won't contest it and get a default judgment...also is there a chance that the debt may be statute barred (I.E. you haven't either acknowledged the debt OR made a payment within 6 years ? (5 years in Scotland)).......

[42man]

When you receive the court forms, the first thing to do is to acknowledge the claim within 14 days of the date on the papers, then you have another 14 days to submit a defence....although i'm not an expert the first thing to do is send this to the solicitors (BY RECORDED DELIVERY)...(also have a good read at the legal successes/legal forums)

 

(reproduced courtesy of PT2537)

 

In the XXXX County Court

Claimant -v- (YOUR NAME)

Claim Number: (CLAIM NUMBER)

 

 

Dear XXX

 

REQUEST FOR INFORMATION

 

I have received a recent court claim from your organisation. In order to file a defence and counter claim I require some information. Given that this matter is now the subject of legal proceedings, you are obliged to disclose under the Civil Procedure Rules, the information and documents detailed below.

 

The information must be furnished within fourteen days of the receipt of this letter. If you fail to comply, this will be reported to the Court, a copy of this letter will be provided as evidence to the same and an Order enforcing your compliance will be sought.

 

1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.

2. All records you hold on me relevant to this case, including but not limited to:

 

a. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor

b. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with *********.(AMEND TO THE COMPANY NAME)

c. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

d.Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

e. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

f. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

g. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

h. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

i. Copies of statements for the entire duration of the credit agreement.

 

3. Any other documents you seek to rely on in court.

 

 

I will require this information within the next fourteen days. I must advise you that if the information is not forthcoming, it will be reported to the Court that you are trying to frustrate proceedings and denying me the opportunity to file a defence and counter claim.

 

Yours sincerely,

 

XXXX (type, don't sign).

[minitheminx]

Hi.

I havent sent the CCA letter regarding this debt. Ive used it for other things in the past. I havent had any correspondance at all regarding this debit in around 6 years. And I certainly havent made any payments.

 

Can I just check, so I send the letter you have put above to the Solicitors that the Claimants have asked for correspondance to go to on the claim form? They are Turnbull Rutherford?

 

Thanks for the help

[minitheminx]

With regard to contacting the Court re the claim, should I dispute the claim as I dont agree with the firgure that they are quoting? Im really needing help. Thanks

[42man]

The CPR request will cover this BUT send a separate CCA request to the original creditor ASAP (apologies I missread your first posting)...!!! and yes dispute the whole claim....

[42man]

Add also point 2 j. - Proof that this debt is not barred by statute.

[42man]

If they do decide to take you to court and the debt is statute barred then you should claim back your costs also !!!!

[minitheminx]

so i need to send a cca to Welcome who my original debt was with about 12 years ago and not HFO? HFO wont have the original im certain, so would it be better to send it to HFO as they are the people that are claiming the money?

[42man]

Yes send it to HFO....

[minitheminx]

thanks for all your help 42man i'll get onto it straightaway.

Just to confirm does the CPR go to HFO or their address for sending documents to which is Turnbull Futherford?

[minitheminx]

sorry me again. on the dispute to the court, what reason do I give for disputing the claim? Do I need to let the court know im sending the cpr?

[42man]

The CPR goes to Turnbull Rutherford...(I presume they are the solicitors)...

[42man]

You are disputing it due to the fact that the debt is statute barred, there has been no Consumer Credit Agreement produced, there may possibly be a substantial amount of excessive charges on the alleged account, and you have no way of defending an alleged debt without any proof being presented whatsoever...

[42man]

Be strong on this one minitheminx as you have a really good case against them

[minitheminx]

thanks for your help. I will let you know how I go on

[minitheminx]

Hi 42man, your helping me on another thread too, thanks! Anyway just for an update, I havent received any letter/cca or anything from either the DCA which I sent the CCA request to or the solicitors that I sent the Request for Information to. I sent both of them recorded. They were both sent on the 9th May. I also filed a defence on the Court Papers (online). So Im still waiting.

[minitheminx]

Hi,

ive today received a letter from the solicitors saying

' We have recently received your part admission and kindly urge you to contact us to discuss the disputed amount claimed by our clients, HFO Services Limited. Please contact us on the number mentioned above so as to avoid futher time and costs involved with any impending litigation.'

 

I disputed the claim with the court saying that there has been no Consumer Credit Agreement produced and that there may possibly be a substantial amount of excessive charges on the alleged account, and you have no way of defending an alleged debt without any proof being presented whatsoever. Basically what you said above. What do you recommend I do now? I sent the original letter CPR on the 9th May and the CCA to the DCA on the same day and this is the only reply I have had.

[42man]

OK....did you not also defend it on the fact that the debt is staute barred ??......I would ring them and tell them that the debt is statute barred also (are you sure you haven't made a payment to them in the last 6 years ??), and that you will not be making any payment towards a statute barred debt and that according to section 2.14 of the OFT's debt collection guidance it states that...

• continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970.

You can also state to them that they are in default of your request for a copy of your Consumer Credit Agreement...under section 78 (1)

Consumer Credit (Prescribed Periods for Giving Information) Regulations

1983 (SI 1983/1569)

2 Prescribed period

The period of 12 working days is hereby prescribed for the purposes of each provision of the Act specified in Column 1

of the Schedule to these Regulations relating to the duty indicated in Column 2 in relation to regulated agreements

 

 

SCHEDULE

SECTIONS OF THE ACT IN RESPECT OF WHICH A PERIOD OF 12 WORKING DAYS IS PRESCRIBED RELATING TO DUTIES IN

RELATION TO REGULATED AGREEMENTS

Regulation 2

Section of the

Act

Duty

(1) (2)

77(1) Duty to give information to debtor under fixed-sum credit agreement.

78(1) Duty to give information to debtor under running-account credit agreement.

79(1) Duty to give information to hirer under consumer hire agreement.

and section 78 for running credit

 

 

78.

Duty to give information to debtor under running-account credit agreement.

— (1) The creditor under a regulated agreement for running-account credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of [F1 £1], shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,—

(a)

the state of the account, and

 

(b)

the amount, if any currently payable under the agreement by the debtor to the creditor, and

 

©

the amounts and due dates of any payments which, if the debtor does not draw further on the account, will later become payable under the agreement by the debtor to the creditor.

 

 

(2) If the creditor possesses insufficient information to enable him to ascertain the amounts and dates mentioned in subsection (1)©, he shall be taken to comply with that paragraph if his statement under subsection (1) gives the basis on which, under the regulated agreement, they would fall to be ascertained.

 

(3) Subsection (1) does not apply to—

(a)

an agreement under which no sum is, or will or may become, payable by the debtor, or

 

(b)

a request made less than one month after a previous request under that subsection relating to the same agreement was complied with.

 

 

(4) Where running-account credit is provided under a regulated agreement, the creditor shall give the debtor statements in the prescribed form, and with the prescribed contents—

(a)

showing according to the information to which it is practicable for him to refer, the state of the account at regular intervals of not more than twelve months, and

 

(b)

where the agreement provides, in relation to specified periods, for the making of payments by the debtor, or the charging against him of interest or any other sum, showing according to the information to which it is practicable for him to refer the state of the account at the end of each of those periods during which there is any movement in the account.

 

 

(5) A statement under subsection (4) shall be given within the prescribed period after the end of the period to which the statement relates.

 

(6) If the creditor under an agreement fails to comply with subsection (1)—

(a)

he is not entitled, while the default continues, to enforce the agreement; and

 

(b)

if the default continues for one month he commits an offence.

 

 

(7) This section does not apply to a non-commercial agreement, and subsections (4) and (5) do not apply to a small agreement

Tell them that you are recording the call too before you start talking......

Tell them that you will fight this in court and claim full costs too.....as you believe their claim is vexatious.

If they agree to anything on the telephone, tell them that they must put it in writing too.....

[minitheminx]

I did put on the defense to the court that it may be statute barred. I think I made payment about 4/5 years ago, but im not sure. I definately havent had the cca though and its nearly 12 +2 days

[minitheminx]

this is my defence to the courts:

I am disputing this claim as I have had no contact whatsoever from HFO Services regarding this matter.

The loan was originally with Welcome Finance for a car. I had an agreement to pay large payments each month to Welcome, to have a reduced balance which would be paid off quickly as I had returned the car to Welcome to reduce the debt. I only had 2 payments remaining to Welcome of £150 each, however due to finacial hardship, I was

unable to make these 2 payments. I contacted Welcome who advised that this wouldnt be acceptable and that they would have to pass the claim elsewhere. Since this time, which I think was 2002, I have had no contact from any other company regarding this matter. The first contact I have had, is this County Court Claim Form from HFO Services for £4011.97. I cannot beleive that I have had not had anyone try to contact me for this balance especially as I had only missed the final 2 payments equating to £300, which would have cleared the balance. I am sending a recorded delivery letter to Turnbull Rutherford tomorrow (7th May)requesting information. I have asked for transcripts of telelphone conversations with myself (which there wont be any) Account history, copies of the assignment notice, details of fees and interest, a copy of the consumer credit agreement and also proof that this debt is not statute barred. I have also sent a request for the consumer credit agreement to HFO Services as they have not produced one to me. I have asked for this information to be provided within 14 days. The letter will be sent receorded delivery.

Therefore in summary, I dispute the amount owed as I feel that there may be a substantial amount of excessive charges, I also dispute the fact that any company has attempted to contact me by telephone, letter or visit. I have not spoken or written to anyone regarding this matter in a number of years and find it very unusual for a company to submit a claim to a court for something that they have not contacted me about. I have no way of defending an alleged debt without the proof

being provided.

[42man]

You've done really well here Minnie...!!

[minitheminx]

thats good I hope! what do you think I should do now?

[leedsangel]

Is the solicitors firm which is linked to HFO, Turnbull and Rutherford or just Turnbull Rutherford? The reason I ask is that I've done a new post which might give some forum members a light at the end of the tunnel - i.e. complaining to the Law Society, and Ihave posted the thread under Turnbull and Rutherford.

 

l.a.

[minitheminx]

its turnbull rutherford