Lowell/HFO claimform - old barclaycard debt **WON***

[Pank]

Hi Shanea1981,

 

You would have to start your own thread and then I am sure someone will assist you very shortly.

 

Many Thanks

[rich2568]

hi shanef1981

 

i would let it run-off your credit file & NOT contact them- especially if you are not seeking credit in the near future.

 

Why don`t you start a new thread regarding your concerns- put it within the `credit reference agencies` section and I`m sure you will get great advice.;-)

[Rhia]

Pank in that case I think I would drop the court a line to say you will not now wish to introduce a LF as you had misunderstood the meaning.

 

If you have issued your acknowledgement and intent to defend then it should move to your local court - which as I see you are in Northampton is Northampton (not the bulk mailing centre).

 

I have seen a good defence which I will see if I can locate on the forum. Will get back to you later as have to go out for the rest of the day.

[Pank]

Hello,

 

Ok I will wait, just getting very nervous now as I am nearing my deadline for the deffence.

 

Thank you

[sillygirl1]

If your defence is ready I would get it in as soon as possible and NOT wait to the last day before getting it in. HFO have been known to contact the court and let the court know NO defence has been received and they then get 'judgement by default' and take it further... they are not to be trusted.

[Pank]

My defence is not ready as I am waitng for some help. The deadline is 09 April but I would like to get it in this week, I am in the mercy of others at the moment as I have no idea where to start

Edited April 1, 2009 by Pank

[Pank]

I have today sent a letter to the court regarding the Litigation Friend. Sent recorded.

[Pank]

Question, I am just filing my defence on line. Do I want to issue a counterclaim? Or do I just leave it?

 

Help

[42man]

What are you counterclaiming for ?

[42man]

CL Finance Ltd. Recieved a court claim form**WON** Discontinued

 

Lloyds TSB Credit Card - Claim form received

 

Help! - AMEX No CCA and they've started court action.

 

Help - Mum being taken to court by Link Financial.

[Pank]

Right, Good point.

 

I have now filed my defence on line. All I have to do now is wait I guess? What happens now?

 

Many Thanks

[Pank]

Hello Again all you good people.

 

I have received a response to my defence from Thurnbull. I enclose it here. Should I respond or just leave it. They have yet again enclosed a copy of the application form. A sheet of Terms and conditions that are not dated signed and illegible. All the documents are illegible.

 

Any views on this letter, I have not heard anyone else getting these?

 

Cheers

Thurnbull,defence,receipt.pdf

[Pank]

Bump!

[sillygirl1]

I would write back stating that you will ONLY discuss with them the COMPLETE removal of any additional fees since the debt was allocated to them as these are completely unreasonable.

 

Also write back stating that you could not use the terms and conditions sent in your defence as they were NOT the original terms and conditions and were unreadable.

 

Tell them that due to the court case you need to have everything in writing and will not discuss sensitive matters on the phone as you have a disability...

 

What court are they using for this claim?

[Number6]

Hello Again all you good people.

 

I have received a response to my defence from Thurnbull. I enclose it here. Should I respond or just leave it. They have yet again enclosed a copy of the application form. A sheet of Terms and conditions that are not dated signed and illegible. All the documents are illegible.

 

Any views on this letter, I have not heard anyone else getting these?

 

Cheers

 

If it were me I would simply write stating two things:

 

1) Nothing will be discussed by phone, only in writing.

 

2) The documents purporting to be the agreement and T&Cs are illegible and fail to meet the requirements of the copies of docs regs. You can't read them therefore you can obviously not comment further in any way until legible documents are received.

 

Pete

[rich2568]

Hello Again all you good people.

 

I have received a response to my defence from Thurnbull. I enclose it here. Should I respond or just leave it. They have yet again enclosed a copy of the application form. A sheet of Terms and conditions that are not dated signed and illegible. All the documents are illegible.

 

Any views on this letter, I have not heard anyone else getting these?

 

Cheers

 

I see their point in commenting on the "Bank Charges" issue as currently credit card charges are not being assessed by The Courts- however if you look at an a statement by The OFT- this ratifies the point that these charges are grossly unfair and need challenging:-

"a report in April 2006 by the Office of Fair Trading (OFT) was crucial in supporting reclaimers’ cases. Having investigated credit card charges the OFT said, in plain language, that it would not launch a specific investigation on any card companies with charges lower than £12."

"OFT sets threshold for intervention

68/06 5 April 2006

Credit card default charges (see note 1) have generally been set at a significantly higher level than is legally fair, said the OFT today. The OFT estimates that across the industry this has led to unlawful penalty charges currently in excess of £300 million a year"

"Where credit card default charges are set at more than £12, the OFT will presume that they are unfair, and is likely to challenge the charge unless there are limited, exceptional business factors in play- Only a court can finally decide whether a charge is unfair or not"

"We consider that a contract term is likely to be unfair if it requires consumers to pay more as a result of a default than the court would order them to pay if they were sued for breach of contract. This means that a default charge should not exceed a reasonable pre-estimate of the administrative costs that the consumer ought to have realised would be likely to be incurred by his or her card issuer in dealing with defaults. "

[Pank]

Question, Thank you for your help, I am in the process of writing a letter. Should I write "with no prejudice" or similar at the top of the letter.

 

Cheers

[Number6]

Question, Thank you for your help, I am in the process of writing a letter. Should I write "with no prejudice" or similar at the top of the letter.

 

Cheers

 

Hi Pank

 

The correct phrase is 'WITHOUT PREJUDICE'.

 

IMHO, if you are simply writing a reply as per my post I wouldn't bother with 'WITHOUT PREJUDICE'. It's really only of use if what you are writing is not something you would want brought up in court, say you are negotiating a potential settlement figure even though you are denying the debt then that would not look so good if the creditor included a copy of the negotiation in the court bundle; in that case all your negotiating letters would be headed 'WITHOUT PREJUDICE'

 

In your case you are simply challenging the admissibility of documentation that the creditor supplied and you wouldn't have any objection to the judge seeing that.

[Pank]

Thank you

[mike1962]

Pank, exactly the same happened to me. HFO Services Ltd issued proceedings on 13 March 2009 through the Northampton County Court Bulk Centre, giving 12 March 2009 as the account purchase date. You've almost certainly got a Notice of Assignment and Default Notice stating another purchase date. What you need to do is to get an N244 and apply for the Claim to be struck out under Civil Procedure Rule 3.4(2)(a) [no real prospects of success] or Rule 3.4(2)(b)[abuse of the process of the court]. Reasons: (1) original lender not identified; (2) timeline too short for their story to be credible; (3) assignment date different from date given in pre-litigation exchanges.

 

Very probably the whole batch of claims issued on 13 March 2009 have the same egregious purchase date error.

 

Which means that HFO Services Ltd are facing the biggest disaster since the Death Star met the planet Aleeraan.

[Rhia]

And I think Mike's suggestion is the best we've had. Get this struck out if you can. They really are dreadful cretins.

[mike1962]

Don't forget, you have to submit a particularised defence, properly pleaded. If you don't it's likely the judge will order you to. In that case, address each and every allegation, stating which ones you admit, which you deny, and which allegations you neither admit nor deny but require the claimant to prove. Remember, you can deny only those things you have direct knowledge of, so put them to proof on everything else.

[I've got no money]

HFO Services and Turnbull Rutherford are my heroes...

 

As someone with experience of these cowboys a bit of advice - don't speak to them - if you want to communicate do it in writing and send by recorded delivery.

[I've got no money]

I'm not sure what happened there it posted itself mid type.

 

You need to send the CPR 31.14 letter now - that is a request for disclosure of amongst other things both the Notice of Assignment AND the actual assignment - you want and are entitled to both - it also requires copies of the agreement, t & C's, DN's etc.

 

You've filed a holding defence I presume - what did you say in it - at some point you will need to amend it and to as Mike1962 points out plead it properly but you can only do that once you've got the info.

 

You cannot trust anything these Sols say - equally if they produce a document you cannot rely upon it...

 

So I suggest a CPR31.14 letter - give them 7 days to reply, they won't, then do a chasing letter on the 8th day, attach a copy of the first letter give them another 7 days to comply but tell them if they don't respond that you will apply for an Order and costs. 8 days if they haven't replied apply on an N244 for an Order that they provide all of the requested information.

 

Any letter you send should either be faxed or sent recorded delivery - so that you can prove they've got it.

 

As your case involves assignments - you'll probably find that there are two - one to HFO Capital and then one from HFO Capital to HFO services you want both - there is also a fair chance that the Notice of Assignment is invalid.

 

Can you post the details of claim form and also post a copy of your defence.

 

If we handle this carefully there is a fair chance that we can get it struck out before it gets to trial BUT please don't talk to the Sols and when you get the AQ don't allocate the case to the Small claims track - it needs to be in ther fast track

[I've got no money]

Pank, exactly the same happened to me. HFO Services Ltd issued proceedings on 13 March 2009 through the Northampton County Court Bulk Centre, giving 12 March 2009 as the account purchase date. You've almost certainly got a Notice of Assignment and Default Notice stating another purchase date. What you need to do is to get an N244 and apply for the Claim to be struck out under Civil Procedure Rule 3.4(2)(a) [no real prospects of success] or Rule 3.4(2)(b)[abuse of the process of the court]. Reasons: (1) original lender not identified; (2) timeline too short for their story to be credible; (3) assignment date different from date given in pre-litigation exchanges.

 

Very probably the whole batch of claims issued on 13 March 2009 have the same egregious purchase date error.

 

Which means that HFO Services Ltd are facing the biggest disaster since the Death Star met the planet Aleeraan.

 

HFO and their Sols aint up to much but to be honest I don't think that you'll get the claim struck out - what you are more likely to get is an order that they amend the claim. Tactically you are better off with it being a mess...