In Court With Hfo

[onecall1]

Several months ago I took some very good advice from this forum in relation to HFO but alas they have still pursued me relentlessly and needless to say I am in Court with them in a couple of weeks.

Despite not providing a Consumer Credit Agreement they claim to have a case. They are in breach of several orders by the Court to provide the information and have on several occasions not sent the Court information, only doing so when prompted by the Court.

Although evrything I have ever read on this forum tells me that the agreement is unenforceable if they cannot provide a copy, I have read several articles which contradicts this fact and unfortunately this is my defence!!

Additionally I read on your forum that as HFO Capital Ltd was incorporated in the Caymen Islands and given the fact the debt does not belong to HFO Services Ltd, neither have locus standi.

Needless to say I am desperate to get all my ducks in line and I know that several Caggers have had good results.

I would appreciate all the help I can get please.

[Pinky69]

They may not turn up if they have no agreement. Two points - if they argue that it is not necessary to produce an agreement because the account was terminated, the counter argument is that at no time were you ever informed of any alleged agreement being terminated and it was therefore passed to them as an active account. Secondly, as they are not the owners of the alleged debt, the assignment must be equitable and they have therefore no legal right to bring court action against you unilaterally - it must be done jointly with the original creditor. It is for them to produce the Deed of Assignment to the court to prove they have the right to take action against you unilaterally. Then of course comes the CCA 1974 and a court cannot enforce an agreement without the agreement being produced by the pursuer in court. It sounds as if the don't have one so I am sure you will be alright.

[onecall1]

Thankyou, that all makes perfect sense but I dont understand why they go to all the trouble and expense of court action if they dont intend to turn up. Looking at all my paperwork it has cost them in excess of £1000 to get this far.

 

They have totally stuck their fingers up to CPR so far, do I suppose that the Court will not look too favourably on this.

[cashins]

Looking at all my paperwork it has cost them in excess of £1000 to get this far.

 

 

I think some of them take the in for a penny, in for a pound attitude, it runs away with them thinking you are always going to crack.

 

I sued a large travel company once and we were just leaving, going down to the court and my barrister phoned me with the deal on offer.

 

BTW are they 'real' costs or x hrs @ whatever per hour

 

David

[onecall1]

These are the costs they have had to send to the Court a various stages.

 

If possible I would like some clarification on the status of the unincorporated company as it is HFO Capital Limited who are taking the action but I didnt think they could as they were incorporated in the Caymen Islands. HFO Services do not own the debt according to my POC.

 

The judge has ordered a pre trial review and has issued directions but HFO have not complied with directions before. If they dont turn up, where do I stand. As I have not had much of the information requested I have applied to the Court to have this set aside at least 6 times but they are reluctant to do so. I am worried that they wont know anything about CCA 1974.

 

Many Thanks

[onecall1]

Help.......does anyone know if there have been any amendments to The County Courts (Interest on Judgement Debts) Order 1991 before I make a fool of myself in court. (Makes good reading)

 

Thankyou

[Pinky69]

I take it HFO Services have been pursuing you for the debt but the action is in the name of HFO Capital. I would certainly raise with the Court the legitimacy of HFO Capital taking this action given they are based in the Caymen Islands.

[onecall1]

I know I have the law on my side and can quote it chapter and verse (I have spent so long waiting for this moment) but all I need is an idiot Judge like the one brokenarrow had the misfortune of getting and I could be stuffed. If they chose to ignore consumer credit law, they can.

It all seems a bit of a lottery.

[UK26]

The courts are not above the law, how the judge in Nicks case passed jdugement i dont know.

 

if the judge is not sure on the CCA and its requirements, he should read up before court trail.

 

Wish you all the best with this, my case starts again end of this month

 

so we can all ripe them to peaces

[onecall1]

Good luck to you too.

I am in the process of putting together my summary for the pre-trial but I am only allowed 1 A4 side. I could write a book on how they have lied and cheated and ignored pre trial protocol. How I am going to get it onto one piece o paper I dont know!!

[UK26]

Cant you summarise the key points and explain more in detail at trial

[onecall1]

I will do that but I want directions from the judge that unless they can provide the CCA (which they cant) that the case is struck out. My biggest fear is that they stump up to court with a fraudulent agreement even though I have asked for it 12 times from Barclaycard, Turnbull and HFO. Vexacious litigant comes to mind.

[UK26]

They have done this to me aswell provide suspect NOA documents (Back Dated)

 

have you seen my case on HFO?

[onecall1]

No I havent. Will do a quick search but I have to be honest the picture of Martin Shaw is very off putting (he is rather lovely)..........I keep thinking I am communicating with a top notch barrister..........you're not are you???