My debt... more from the dreaded HFO Services *** Discontinued ***

[dadofholly]

The page with the word truth is missing from their dictionary.

[Innsmouth]

Well done. I’d trust Wayne Rooney with your mum more than I’d trust TR and HFO with the truth.

 

I think Wayne would be the one worried being stuck with my mum in that situation, but that's perhaps a story for another time!

 

Thanks again for the continued support, guys. I will update later when I receive the email.

[Innsmouth]

OK, TR emailed me the following:

 

Further to our telephone conversation of this afternoon and your request for extension of time for filling you defence to the claim.

We are pleased to confirm that we consent to an extension of time for 14 days for filling your defence. We note from our records that you were previously sent some of the documents requested in your letter of 26 Oct 2011. However we will forward you the remaining documents as soon as our client receive those from your original lender Barclaycard.

 

Couple of points - they are required to get the documents to me within 7 days, and make no request for further time, so should I assume that my 14 days start from the end of those 7 days, or are they supposed to give me an actual date? What should I now tell the courts regarding my extention.

 

They also suggest that they will only need to give me the documents they haven't "previously sent" but I believe that what they have previously sent is irrelevant to my request - they are required to send me all of those documents, irrespective of what they may have previously sent.

 

I will reply and say as much, but should I cover anything else in my reply?

 

 

[42man]

Do they have any proof of sending these documents ? I doubt it very much......CPR31.14 makes it quite clear that they should provide these in line with the POC's and i'm pretty sure that if they don't comply with the judges orders (in the draft directions) then you can apply for a strikeout or the judge will make an 'unless' order.....let us hope they can provide ALL the documentation !!

[DonkeyB]

For now, take it as an extra 14 days on top of what you have. I think you should really be allowed 14 days to file your defence AFTER they have provided the documents. Otherwise, how could you issue a Part 18 request after the initial Part 31? Get that email off to the court, but also get back to Turdbull and demand 14 days from when they supply the documents. Make it clear you expect the documents within seven days, failing which you will be applying for an ‘unless order’ or strike out.

 

Put the pressure on them – after all, they made a claim with no docs, so it’s their problem.

 

Whether they provide them in time is another matter. And yes, irrespective of what they claim to have sent previously, they MUST send all the stuff requested.

[DonkeyB]

Brilliant minds, 42man, brilliant minds...

[Innsmouth]

OK, I have responded by email making clear I expect these documents within 7 days, and that I understand my 14 days will extend from when I receive said documents.

 

How do I go about finding the email address I need in order to forward this exchange on to the court?

[gezwee]

OK, I have responded by email making clear I expect these documents within 7 days, and that I understand my 14 days will extend from when I receive said documents.

 

How do I go about finding the email address I need in order to forward this exchange on to the court?

 

Following link will give you the details you need http://212.137.36.113/HMCSCourtFinder/SearchList.do

 

Check that they will accept electronic filing first, some will and......... some won't.

 

Gez

[Innsmouth]

Today is the deadline for TRS to send my the requested documents. I'm not expecting anything to arrive, and if it does I don't expect it will be a complete set of requested docs.

 

If I am not sent anything within the 7 days, what are my next steps? Do I immediately write to the court for strikeout/set aside, or is there a reasonable time to wait?

[DonkeyB]

Did you send notice of the extension to the court, with copies of your emails?

[Innsmouth]

Of course.

[DonkeyB]

Good. Perhaps an urgent email reminder, demanding to know where the documents are, and a threat of application for an 'unless' order or strike out. Keep them on the back foot. Demand a response. Put a copy in the post, recorded - and download an N244 in anticipation...

[Innsmouth]

OK, I have still not received the documents requested and have informed the court accordingly.

 

I have downloaded an N244 but am not entirely sure what order I should request from the court. Could someone explain what an 'unless order' and 'strikeout' each entail and would I be right in assuming I'd need to pay the relevant court fees for these actions? (I've searched but not really found clear enough info!).

 

What should my next steps be?

[DonkeyB]

Did you send TR a reminder?

[Innsmouth]

Unfortunately I just didn't have chance before the 7 days expired. I know you said that I should keep them on the back foot but it's been quite demanding for me to focus on it as I also have lots of other stuff going on (I don't want my lack of action to appear as lazyness, as I generally work very hard pretty much all the time!).

 

Is there a reason why putting the pressure on them would be beneficial for my case?

[DonkeyB]

Yes, because it shows you are being highly proactive and trying the resolve the issues – the ‘overriding objective’.

 

Why not send an urgent email demanding to know where the documents are? No response by return = N244.

[Innsmouth]

That makes sense. I have now emailed them and asked for an explanation as to why I have not yet received the documents and some timescales as to when I can expect them.

 

I'm still unsure about how I should fill in the N244?

 

Thanks for your continued advice, DB, it is appreciated!

[Innsmouth]

Hello again all. OK, TRS emailed me their response to my CPR request, and the email contained 2 attachments:

 

1. A badly scanned copy of an Application Form (dated 15/3/99), which they have sent me numerous times previously and which they maintain is the Credit Agreement (see note below!)

2. Copy of a letter from HFO & TRS (again, sent previously) which contains an incomplete Default Notice dated Sept 2005.

 

Interestingly, the 'Credit Agreement' they refer to in their POC is dated 23/3/99, so they themselves are acknowledging what that they have been sending me in response to various legal requests (including the CPR) is not the Credit Agreement...

 

So, out of the 5 items I requested under CPR, they have provided me with 0.5......... if that.

 

This is absolutely ridiculous and while part of me doesn't want o even dignify their claims with a response, alas, I know I must do so. Would it be appropriate for me to apply for a Strike Out (I now know what this is!) or an Unless Order, (or both?) and if so could someone advise on how that works, or point me in the direction of the relevant thread?

 

Much appreciated as always.

[DonkeyB]

Suggest an N244 which asks for an unless order and/or a strike out of the claim due to their failings.

 

Do it quick – these numpties will probably contact the court now and request default judgment.

[Innsmouth]

Sent you a PM, DonkeyB...

[Innsmouth]

Been a while since I updated this thread. By way of an update:

 

I made an application to the Court for the Claim to be struck out on the basis that HFO/TRS had never (in my 3+ years of dealing with them) provided me with a copy of the credit agreement, and that in all that time they had frequently ignored my wishes, continued to make unlawful demands for payment, and acted in a manner constituting unfair and aggressive practice under CPUTR 2008.

 

Some time after my application, I recieved notice that my application will be heard at my Local Court - this is next week. I have been organising my documents and writing my Statement to support the application.

 

Since my application TRS have now supplied me with a 'reconstituted copy' of the credit agreement; as well as their own Witness Statement in reply to my application. Their statement essentially says that they have provided me with the documents I required and that I have "no real prospect of successfully defending the claim."

 

My statement outlines their many and varied breaches of Law and Guidance, inconsistencies within their paperwork, incomplete documents, and thier deliberate attempts to mislead me. They have pursued the case without ever providing documents to prove such a case, and in doing so their unlawful behaviour is simply making a mockery of the court.

 

My question is, does anyone have any experience as to what I can expect at the Hearing? Also does anyone else have any further advice on important things to note in my Statement?

[DonkeyB]

Eek, time to read back through your thread...

[broken arrow]

In their WS are they asking the court to strike out your defence?

[coledog]

You all have mail

[Innsmouth]

Also, after reading through vjohn82's thread, I came upon this:

 

HFO Capital Ireland's Consumer Credit Licence was effected on 26-Mar-2008 yet the contracts, I believe, were signed on 31-Jan-2008.

 

HFO Capital Cayman was issued on 07-Jul-2005.

 

So it appears that HFOC Ireland, when they were sold the accounts from HFOC Cayman in Jan 2008 had no CCA licence and no DPA licence!!!

 

"Unlicensed trading is a criminal offence punishable by a fine, imprisonment or both. You must not trade before your licence has been granted, or carry out business activities under a category it does not cover."

 

I would assume this is worth adding into my statement??