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HFO court claim **WON**

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Have today recieved court claim form from HFO/ Turnbulls for Northampton CC.On the claim form it states I had been issued with Deed of assignment which I have not.please advise on action to be taken.


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Thread moved to the legal issues forum

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If i have not recieved deed of asignment can they still take this to court.


US President Barack Obama referred to Ugland House as the biggest building in the world or the biggest tax SCA* in the world.

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Hi there

 

I think you may be confusing the Deed of Assignment with a Notice of Assignment.

 

there is no legal requirement for them to send you the deed as it would most likely contain privileged information, however they must , for the assignment to be legally valid, send you a notice of assignment and this must be served in the correct manner

 

i think we need a little more information on this case to see if there are any flaws within their case

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Apologies for my legal ignorance, reading the claim form again it states it as a letter of assignment, which i have never received.

HFO bought debt off Morgan stanley last year.

Morgan stanley would not take any payments after i moved house 2 years ago as i could not change my address .

i was making payments upto this point via internet acount but as i had destroyed card so not to use.To change details on line needed info off card I phoned them to give same info but same answer told to inform them in writing which I did.Did not here from them again they closed internet account so defaulted on payments.started to recieve cards through door of Firstdiect logistics saying they had a delivery for me.then recieved letters off their solicitors staing they would apply for charging order on property.

recieved court claim form today.


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Ah ok, well the fact is that they would need to prove service of the notice of assignment for it to be valid and that would be in the form of proof of posting, they would not however have needed to send it via recorded delivery

 

i hope this helps

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I have now filed acknowledgment of service, how long before i have to submit my defence.

I have requested information they hold on me in order to file a defence do I need to send a seperate request for copy of the Credit agreement.


US President Barack Obama referred to Ugland House as the biggest building in the world or the biggest tax SCA* in the world.

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I have now filed acknowledgment of service, how long before i have to submit my defence.

I have requested information they hold on me in order to file a defence do I need to send a seperate request for copy of the Credit agreement.

 

Hi BA

 

As the claim has been issued from the Northampton bulk centre you have 5+14 days from the date of issue to acknowledege the claim, which you have already done. This then means you have 5+28 days from the date of issue to submit your defence.

 

You can also phone the court and ask them to confirm the date for you.

 

Cheers

Rob

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Have today finally recieved a notice of assignment today from Morgan Stanley informing me they have sold the debt to HFO from May last year.

very suspicous as i believe the letter is from HFO as postcode on envelope SW19 same as them and letter signed Morgan Stanley bank international limited.


US President Barack Obama referred to Ugland House as the biggest building in the world or the biggest tax SCA* in the world.

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keep that envelope safe,

 

was it sent via registered mail?

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No just standard post.


US President Barack Obama referred to Ugland House as the biggest building in the world or the biggest tax SCA* in the world.

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oh dear, thats not very good is it

 

(4) Any notice required or authorised by this Act to be served shall also be sufficiently served, if it is sent by post in a registered letter addressed to the lessee, lessor, mortgagee, mortgagor, or other person to be served, by name, at the aforesaid place of abode or business, office, or counting-house, and if that letter is not returned [F1 by the postal operator (within the meaning of the Postal Services Act 2000) concerned] undelivered; and that service shall be deemed to be made at the time at which the registered letter would in the ordinary course be delivered

 

 

  • Haha 1

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Should i contact Morgan stanley to see if they are aware of this letter.


US President Barack Obama referred to Ugland House as the biggest building in the world or the biggest tax SCA* in the world.

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BTW the Act i refer to with the above statement is the Law of Property Act 1925 section 196

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Am i right in saying that they should have issued notice before they started court proceedings and can any of this be used in my defence.


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You are right - and this is VERY important.

 

Can you type up what they actually put in the Particualrs of Claim box on the blue form that you got from the court. This will help people (pt2537 especially) to help with doing a defence for you if you need some help

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Be careful with this lot. If it moves towards court, you'll probably receive a (backdated) letter, probably never actually sent and certainly not received by you, assigning the debt from HFO Capital to HFO Services - this is their way of getting around locus standii issues, because the owner of the debt is registered in the Cayman Islands. They are very, very sneaky. Keep all envelopes etc, and log everything!

 

Look forward to posting my own experiences shortly...


“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

If a Cagger helps you, click their star. Better still, make a donation however small, so that CAG can continue to help others.

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POC

The Claimant HFO Capital Limited is a debt purchase company.

The Claim is for monies due under a regulated interest bearing credit agreement.The assignee HFO Capital Limited purchased the defendants account and all rights and obligations attaching therto from the original lender on **/**/****.

The original lender was Morgan stanley/Goldf

a letter of assignment has been provided to the defendant previously.

the claiment also claims interest theron pusuant toS.69 of the county court act 1984 at the rate of 8.00% up to the date of of ( their typo not mine) judgement or earlier payment in full at the rate of 1.23 per day.

Contractual interest was accruing on this debt prior to issue and will continue to acrue at the rate of 12% after judgment.


US President Barack Obama referred to Ugland House as the biggest building in the world or the biggest tax SCA* in the world.

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Hmmm... HFO Capital Ltd is based in the Cayman Islands. I don't think they can take you to court in the UK, but I'm sure a mod will know more about this. See my previous post - I think HFO have latched on to their error and are, possibly retrospectively, reassigning their book of debts to HFO Services which collects on behalf of HFO Capital. That's what happened to me.


“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

If a Cagger helps you, click their star. Better still, make a donation however small, so that CAG can continue to help others.

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Hmmm... HFO Capital Ltd is based in the Cayman Islands. I don't think they can take you to court in the UK, but I'm sure a mod will know more about this. See my previous post - I think HFO have latched on to their error and are, possibly retrospectively, reassigning their book of debts to HFO Services which collects on behalf of HFO Capital. That's what happened to me.

 

 

HFO Capital Ltd could take legal action in the UK, even though they are incorporated in the Cayman Islands. All they have to do is to give an 'Address for Service' in this country. Usually, a solicitors address would be fine.


Arrow Global/MBNA - Discontinued and paid costs

HFO/Morgan Stanley (Barclays) - Discontinued and paid costs

HSBC - Discontinued and paid costs

Nationwide - Ran for cover of stay pending OFT case 3 yrs ago

RBS/Mint - Nothing for 4 yrs after S78 request

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I forgot to ask - when you acknowledged service to the court, did you also send a letter to HFO asking for details of their claims and for documentation (a CPR 18 letter)?


Arrow Global/MBNA - Discontinued and paid costs

HFO/Morgan Stanley (Barclays) - Discontinued and paid costs

HSBC - Discontinued and paid costs

Nationwide - Ran for cover of stay pending OFT case 3 yrs ago

RBS/Mint - Nothing for 4 yrs after S78 request

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yes on the 20/5/08 by recorded delivery no reply as yet.


US President Barack Obama referred to Ugland House as the biggest building in the world or the biggest tax SCA* in the world.

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OK. What was the date on the N1 claim form from the court. I'm just thinking you could be coming up to the limit of filing a claim (28 days from date of service, which is taken as five days after date of issue on the form).


Arrow Global/MBNA - Discontinued and paid costs

HFO/Morgan Stanley (Barclays) - Discontinued and paid costs

HSBC - Discontinued and paid costs

Nationwide - Ran for cover of stay pending OFT case 3 yrs ago

RBS/Mint - Nothing for 4 yrs after S78 request

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My defence is now submited, no response as of yet to my CPR letter and no response from Morgan Stanley for SAR.


US President Barack Obama referred to Ugland House as the biggest building in the world or the biggest tax SCA* in the world.

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So I guess its sit back and wait for the AQ to arrive from the local court.


Arrow Global/MBNA - Discontinued and paid costs

HFO/Morgan Stanley (Barclays) - Discontinued and paid costs

HSBC - Discontinued and paid costs

Nationwide - Ran for cover of stay pending OFT case 3 yrs ago

RBS/Mint - Nothing for 4 yrs after S78 request

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