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

[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

[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?

[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?

[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.

[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.

[minitheminx]

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

[minitheminx]

its turnbull rutherford

[minitheminx]

Hi 42man, still nothing from either of them. The requests were sent on the 9th May, so am I right in thinking that I cant do anything further until 28 days have passed? Also when do I contact the courts again?

Thanks for all your help

[minitheminx]

Hi 42man, still not heard anything from anyone and its now been nearly 6 weeks.

[minitheminx]

I havent rang the courts. I sent them an email about 10 days ago saying that I havent heard anything more and that I was waiting for them to contact me. Havent had a reply from anyone! What do I say when I ring the courts? I wouldnt have a clue where to start, any pointers?

[minitheminx]

thanks for the info. I ve just rang the claimline. They said that they havent heard anything from them either therefore the courts will put a 'stay' on it, I think, im not sure, I got a bit baffled! Anyway basically the guy said that this is good and that as I have requested data (which I advised I had given them 14 days to provide this in and they have failed) he said that if they reapply for the 'stay' to be lifted?? then the judge will probably ask for the same info I have and that they will again fail to provide it. So basically, I think that this is good? Im not good with these things! lol. Thanks for the help anyway