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

[coledog]

Also tell OFT about the photos of your home.

 

Can you also scan any documents sent you prior to issuing the Claim

 

It sounds like the CCA documents sent you - illegible application form etc are also suspect - where there any Terms and Conditions with it?

[DonkeyB]

Keep to this thread - ask for it to be moved.

[coledog]

I have asked the mods to merge the threads

[Innsmouth]

Firstly, apologies for starting a new thread! Hopefully these can be merged. I will post this here and then move over to the old thread here: http://www.consumeractiongroup.co.uk/forum/showthread.php?150311-My-debt...-more-from-the-dreaded-HFO-Services.../

 

POC is as follows:

 

Claimant: HFO CAPTIAL LIMITED

 

Particulars of Claim

 

 

1. The Claimant is engaged in the business of purchasing debt and purchases debt from various lenders. The Claimant's group company, HFO Capital Limited, incorporated under the laws of the Cayman Islands with company registration number MC-138277 (“HFO Cayman”), purchased the Defendant's account and all rights and benefits attaching thereto from Barclaycard (“The Original Lender”) on 6 November 2007.
   
2. The Defendant's account was subsequently transferred to the Claimant pursuant to an intra-group sale agreement dated 31 January 2008.
   
3. The Claimant's claim is for monies owed under an interest bearing credit agreement dated 23 March 1999 (“The Credit Agreement”), which is regulated by the Consumer Credit Act 1974, between the Defendant and the Original Lender, the debt due there under having been assigned to the Claimant.
   
4. Under the Credit Agreement the said sum was to be repaid by the Defendant by way of monthly instalments. The Defendant has defaulted on payment and is in breach of the payment clause of the Credit Agreement.
   
5. In compliance with Section 136 of the Law of Property Act 1925, the Defendant was given written notice of the assignment of the Defendant's account to the Claimant.
   
6. Despite numerous requests made by the Claimant's collection agents the Defendant has failed to pay the said sum and remains indebted to the Claimant.
   
7. The Claimant is entitled to claim contractual interest pursuant to the terms of the Credit Agreement at a rate of 12.00% per annum from the date of assignment to the date of judgment or sooner payment being at a daily rate of £0.48.
   
8. The Claimant is entitled to claim post judgment contractual interest pursuant to the terms of the Credit Agreement at a rate of 12.00% per annum.
   
9. Alternatively, pursuant to Section 69 of the County Courts Act 1984 at a rate if 8.00% per annum from the date of assignment to the date of judgment or sooner payment.
   

 

AND THE CLAIMANT CLAIMS

 

 

 

1. Principle sum of XXXXXX
   
2. Contractual interest on (1) above from date of assignment to date of issue in the sum of XXXXX.
   
3. Contractual interest on (1) above from date of issue to date of judgment or earlier payment at a daily rate of £0.48.
   
4. Or in the alternative, statuatory interest pursuant to section 69 of the County Courts Act 1984 to be assessed.
   

[coledog]

Send em the attached request recorded

CPR 31 to TR.doc

[Innsmouth]

Bl**dy hell where have you been!

Hi again! I will give HFO/TR one thing... they are tenacious.

 

OK, POC is as follows:

 

Claimant: HFO CAPTIAL LIMITED

 

Particulars of Claim

 

 

1. The Claimant is engaged in the business of purchasing debt and purchases debt from various lenders. The Claimant's group company, HFO Capital Limited, incorporated under the laws of the Cayman Islands with company registration number MC-138277 (“HFO Cayman”), purchased the Defendant's account and all rights and benefits attaching thereto from Barclaycard (“The Original Lender”) on 6 November 2007.
   
2. The Defendant's account was subsequently transferred to the Claimant pursuant to an intra-group sale agreement dated 31 January 2008.
   
3. The Claimant's claim is for monies owed under an interest bearing credit agreement dated 23 March 1999 (“The Credit Agreement”), which is regulated by the Consumer Credit Act 1974, between the Defendant and the Original Lender, the debt due there under having been assigned to the Claimant.
   
4. Under the Credit Agreement the said sum was to be repaid by the Defendant by way of monthly instalments. The Defendant has defaulted on payment and is in breach of the payment clause of the Credit Agreement.
   
5. In compliance with Section 136 of the Law of Property Act 1925, the Defendant was given written notice of the assignment of the Defendant's account to the Claimant.
   
6. Despite numerous requests made by the Claimant's collection agents the Defendant has failed to pay the said sum and remains indebted to the Claimant.
   
7. The Claimant is entitled to claim contractual interest pursuant to the terms of the Credit Agreement at a rate of 12.00% per annum from the date of assignment to the date of judgment or sooner payment being at a daily rate of £0.48.
   
8. The Claimant is entitled to claim post judgment contractual interest pursuant to the terms of the Credit Agreement at a rate of 12.00% per annum.
   
9. Alternatively, pursuant to Section 69 of the County Courts Act 1984 at a rate if 8.00% per annum from the date of assignment to the date of judgment or sooner payment.
   

 

AND THE CLAIMANT CLAIMS

 

 

 

1. Principle sum of XXXXXX
   
2. Contractual interest on (1) above from date of assignment to date of issue in the sum of XXXXX.
   
3. Contractual interest on (1) above from date of issue to date of judgment or earlier payment at a daily rate of £0.48.
   
4. Or in the alternative, statuatory interest pursuant to section 69 of the County Courts Act 1984 to be assessed.
   

Since they refer to "credit agreement dated 23 March 1999" and have never provided me with such I assume this is what I should be asking for under the CPR31?

 

The fuzzy application forms they have provided (see here: http://www.consumeractiongroup.co.uk/forum/showthread.php?150311-My-debt...-more-from-the-dreaded-HFO-Services...&p=1761879&viewfull=1#post1761879) are dated 15.3.99 and so clearly NOT the credit agreement they refer to in their POC.

 

In answer to dadofholly: "Did HFO recentley send you a Default Notice prior to the court proceedings? if so can you scan it - If it is like others i have seen it will not be compliant - and after the Brandon appeal today the Court cannot enforce the debt on the back of a faulty DN."

 

In Sept 2010 I received a copy of PAGE 1 of a Default Notice - it is dated 9 Sept 2005 but there is no logo or letterhead indicating who sent and the bottom of the page says "(continued)" however the rest of the letter is missing. I will scan this in properly tomorrow, as I don't currently have a scanner at home!

[the_shadow]

Threads merged.

 

S.

[Innsmouth]

Thanks Shadow.

 

Coledog: thanks for your suggested CPR31 - amazing. This will be sent off tomorrow, and I'll call BC, and contact Polly at OFT.

 

A quick question - what if TR don't send me the requested documents within 7 days, and my Defense is due? Presumably I can request more time?

 

Thanks again everyone, I really can't thank you enough for your quick responses. This is a huge weight lifted for this evening.

[the_shadow]

YES... once you have sent the document give them a day to receive it and phone them... demand they give you an extension of 14 days AFTER they have sent you their response and seek that agreement in writing. If they say they wont agree to an extension warn them you will apply to the court and seek the application costs from them.

 

Once you get the agreement in writing advise the court by letter so they know too.

 

S.

[dadofholly]

Have you made a formal CCA Request - and if so do you have evidence of this?

[Innsmouth]

OK. CPR31 letter sent today special delivery.

 

I spoke to Barclaycard on the phone who confirmed that the last payment was on 6th July 2007; and that the debt was purchased by HFO Capital on 23rd October 2007 (a date different to ones they refer to in their POC). Barclaycard will provide me this info in writing, within 21 days. SAR request to BC will go out this week.

 

I have also spoken to someone at OFT and have been asked to provide a Witness Statement for use in their ongoing investigation of HFO/TR.

 

Any advice based on the info BC have given me?

[Innsmouth]

Have you made a formal CCA Request - and if so do you have evidence of this?

 

This was the first thing I did, over 3 years ago. They have never been able to supply me with a true copy of the agreement (see previous posts).

[dadofholly]

Then send this letter amended with the original details. Enclose a copy of the original.

 

http://www.consumeractiongroup.co.uk/forum/content.php?436-Failure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale.

[dadofholly]

OK. CPR31 letter sent today special delivery.

 

I spoke to Barclaycard on the phone who confirmed that the last payment was on 6th July 2007; and that the debt was purchased by HFO Capital on 23rd October 2007 (a date different to ones they refer to in their POC). Barclaycard will provide me this info in writing, within 21 days. SAR request to BC will go out this week.

 

I have also spoken to someone at OFT and have been asked to provide a Witness Statement for use in their ongoing investigation of HFO/TR.

 

Any advice based on the info BC have given me?

 

Did you record the call? If not jot down everyhting you recall from the call - name of person you spoke to, time and date etc.

 

Also ask if BC can supply you with that in writing.

[DonkeyB]

Odd for Barclaycard to sell a debt just three months after the last payment... did you find out when they claim to have issued a DN?

[coledog]

Think that you need the SAR request to BC and query this last payment date. Does your credit file show a 'default date'?

[Innsmouth]

Odd for Barclaycard to sell a debt just three months after the last payment... did you find out when they claim to have issued a DN?

 

Just to clarify, I had actually missed quite a few payments and was contacted by Wescot (I think - need to confirm this) in 2007 who said they were basically the debt collection side of BC. I made a couple of payments to them, and the date of July 2007 will likely be my last payment to them.

 

The reason why I did not make any further payments is because I was waiting for them to send me some documentation, which they never did.

[coledog]

It was probably Mercers

[Innsmouth]

It could have been. Will need to check if I have any of that correspondance.

 

OK, I'm about to make my first call to Turnbull to follow up my CPR letter. Wish me luck!

[DonkeyB]

Make sure you record the call!

[Innsmouth]

OK, call made. TR said they will go back to the claimant and request copies of all the documents I have asked for and will also grant an extension of time for my defense, though they were unable to confrm any exact dates over the phone, they did say they will confirm this in writing next week.

 

They also said that the CPR request I am making does not apply to small claims court, but they will provide the information anyway.

 

So, my question now: my current defense due date is Wednesday 2nd, if I do not receive written confirmation from TR granting an extension before the 2nd, what do I do? I presume I must write to the court and explain that I have been granted an extention but am waiting for written confirmation from the claimant?

[DonkeyB]

OK, call made. TR said they will go back to the claimant and request copies of all the documents I have asked for and will also grant an extension of time for my defense, though they were unable to confrm any exact dates over the phone, they did say they will confirm this in writing next week.

 

Hang on – TR actually runs HFO Services’ operations, and HFO is the agent for HFO Capital – they are one and the same. They simply have to switch computer screens. Fibs. Remember, when you get the agreement to extension it’s up to YOU to advise the court.

 

They also said that the CPR request I am making does not apply to small claims court, but they will provide the information anyway.

 

Since when do HFO or TR decide the track? That’s up to the judge. Call them back and make clear that until a judge decides, the case is effectively multitrack and CPR 31 does apply. They are misleading you as to the true legal situation.

 

So, my question now: my current defense due date is Wednesday 2nd, if I do not receive written confirmation from TR granting an extension before the 2nd, what do I do? I presume I must write to the court and explain that I have been granted an extention but am waiting for written confirmation from the claimant?

 

Did you record the call? You MUST call them back and INSIST they email confirmation of an extension to you so you can advise the court. DO NOT TRUST THEM. If they refuse, say that it is not good enough, and you will be seeking a court order for them to produce the documents under CPR – which will incur costs for them.

[DonkeyB]

I feel an ‘unless’ order coming on. You can control this – and you should.

[Innsmouth]

Thank you DB. I called them back and requested they confirm the extension by email today, and they agreed to do this. I have recorded each of my calls.

[DonkeyB]

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