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


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I can't recommend fax as a verifiable means of delivery - I'd stick to registered or recorded post. It's too easy for the oppo to say it didn't come through, as fax technology varies so much these days with memory storage etc.

 

You may have a point there - I've never had a problem with fax transaction reports BUT this is Turnbull Rutherford - so perhaps Recorded is best - I'd probably still fax it as well

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I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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OK, I have now sent the deffence by fax and by recorded to Thurnbull.

I have sent CPR letter to Thurnbull by fax and by recorded.

 

All I have to send now is The Request for further particulars. IGNM, I will wait for you to help me with that one.

I think that is it for the moment?

What is the next step I suppose the Allocation Questionare will be here soon, do I remember correctly that Thurbull would have to pay a fee for that one?

 

Cheers

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Hello Again,

 

IGNM, did you have any luck with the letter?

 

1. Further Information of the claim - asking them what basis they've brought the claim on

 

Also I have today received my Allocation Questionaire. This is from Oxford so I am asuming that I am now away from the Bulk Centre which is good news.

 

My Questionaire needs to be in by the 7th May. I will as for help with this later on next week. Am I correct yhat Thurnbull would have to file a fee with their questionaire to take things further?

 

Many Thanks

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I can't find it - so I am in the process of drafting one - it'll be post

ed by lunchtime today

If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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You need to insert your details

 

But this should do the trick

 

You need to send it recorded/sd and if you've got one fax it

 

IN THE CLAIM NO: XXXXX

XXXXXXX COUNTY COURT

On Transfer from the

XXXXXXXX COUNTY COURT

 

BETWEEN

 

 

HFO Services Limited

 

 

CLAIMANT

 

 

AND

 

 

 

 

 

XXXXXXXXXXX

 

 

DEFENDANT

 

 

 

REQUEST FOR FURTHER INFORMATION OF THE CLAIM DATED 24th April 2009 PURSUANT TO CPR 18

 

 

 

Of “The claimant HFO Services Limited is a services and collection company which collects debts on behalf of HFO Capital Limited. The assignee HFO Capital Limited purchased the defendants account and all rights and obligations thereto…”

 

Request

 

The Claimant is requested to:-

 

(a) Identify and particularise the basis upon which it asserts that a cause of action exists between the claimant and the defendant.

(b) Identify which jurisdiction HFO Capital Limited is registered in.

 

The Claimant is requested to provide a reply to the above stated requests by the 10th May 2009

 

24th April 2009

 

Signed------------------------------------

Defendant

(insert home address)

Edited by I've got no money

If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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You need to send it with a covering letter just saying please find enclosed a request or further particulars of the claim pursuant to cpr part 18 and asking them to respond by the 10th of May - I've allowed them slightly more than 14 days

  • Haha 1

If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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Been away for a few days and just catching up. Panks I think you are in good hands here with IGNM (I've Got No Money).

 

Remember this is who blinks first. They are trying to harrass and bully you into giving in. You won't be doing that will you? We're all here to help you. I know the different info gets a bit confusing but these discussions are vital as we get to the essential truth in the end.

 

This lot will discontinue - I'd put money on it. Have just been through this same stuff elsewhere on CAG and may be different DCA but their MO is identical.

 

Also HFO are under serious investigation by the OFT and could face being put out of business - let's hope so.

 

Good work and steady does it Panks.

 

P.S. Ecclesall Road? Crystal Peaks? (Is that Dronny end have been away a few years now) Cripes are we all from the same neck of the woods? :D

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Thank you IGNM and Rhia, I do feel in very good hands, thank you both. I will now sent the letter by fax and by recorded.

 

Many Thanks

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P.S. Ecclesall Road? Crystal Peaks? (Is that Dronny end have been away a few years now) Cripes are we all from the same neck of the woods? :D

 

Crystal Peaks is south side - Woodhouse, beighton area - Ecclesall road is more central where you get lots of students and professionals

If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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Thank you IGNM and Rhia, I do feel in very good hands, thank you both. I will now sent the letter by fax and by recorded.

 

Many Thanks

 

Excellent - we'll sort them out - you know I really dislike these peole

If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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Hello Again,

 

I have received the Allocation Questionaire from the courts. I have until the 7th of May. I am assuming that the same date should apply to Thurnbull? Does anyone know what Oxford County Court is like? Are they a leanient as Northampton or are they a bit stricter with the deadlines?

 

I have no idea what to do with this AQ so help would be appreciated. Do I just fill in the and return it or do I also have to attatch all the documents I am to rely on in court?

IGNM, I have not received any reply at all from Thurnbull regarding my amended defence. I will wait until Friday. Then what should I do? Send them the letter again giving them a further seven days or I will apply to the court?

 

Cheers

 

PS. Attatching the AQ

Allocation Questionare.pdf

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Basically, you should tick the boxes that state you prefer to settle out of court. As for your defence, if HFO have stated the assignment date as 12 March 2009, all you need do is put them to proof by stating that you neither admit nor deny their allegation that any original lender assigned your account to HFO capital on that date.

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You also need to allocate it to the fast track and to seek directions that the claimant comply with your CPR 31 request. You could also mention that there is an outstanding Part 18 request.

 

At AQ you don't attach any documents - except any Part 31 requests that you've made and have not been complied with. In fact you could ask in the AQ for an Order that the Proceedings are stayed until they comply with your Part 31 and your Part 18 requests

 

They have to file by the same date and have to pay a fee...I don't know whether Oxford is better than Northampton BUT at this stage - as you'll be chasing HFO/RT if at possible you should comply with the time limits.

 

You may as well get it off to court today

If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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Right,

 

What about this? I have no idea what to put.

 

a1 = yes

a2 = no

a3 = yes

 

b = no

 

c = yes, I have had no request from anybody for any documents

 

d amount = £xxx

Applications = no

Witnesses = me , what do I put in Witness of the fact?

Experts = no on all

Track= fast track - do I need to enter anything in the box attached to the track? Is fast track normal?

 

Trial or final hearing

How long do I estimate it to take?

 

F Proposed direction - what is this?

G Costs - do I put any cost?

H Fee - do I put yes or no?

 

Do I want to attatch any correspondence?

I have heard nothing about my amended defence and I have head nothing yet for by CPR 31 request.

Part 18 has been requested but deadline is the 10 may so I have not heard anything regarding that either

 

Under Other information Do I intend to make any applications?

 

Should I put anything in the blank box for the judge to concider that will help manage the claim?

 

If I get it all done I will send it today recorded. Should I send a copy to Thurbull as well?

Edited by Pank
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You don't pay a fee

 

You don't need to put a costs estimate in as you are an LIP

 

Time estimate for the trial is half a day

 

All of the claim is in dispute

 

There's only one witness - that's you - witness to everything

 

Pre - action protocols - you put no and in the box Not applicable

 

Where it says proposed directions tick the box that says yes - obviously they're not agreed with the other side so put no to that question.

 

Then on a separate sheet of paper head it proposed directions:-

1. The Claim be stayed until the Claimant comply with the Defendants Requests pursuant to CPR 31 of the (put the date of the first letter) and the CPR Part 18 request of the (date of first letter).

2. If the claimant shall not comply with one above the claim will be struck out automatically and without the necessity for further order upon the expiration of three months from the date of this order

3. If the Claimant shall comply with the CPR 31 and CPR 18 requests the Defendant do have permission to file and serve an amended defence and counterclaim within 21 days of receipt of complete replies to the said requests

4. The Claimant do have permission to file, if advised, a reply and defence to counter claim within 21 days of service of any amended defence

5. The parties shall then, within 14 days of close of pleadings file fresh Allocation Questionnaire

 

Where it asks for other information explain that you have can't file a properly pleaded defence and and that you need more information. Tell the court that you've made two separate CPR requests and attach copies.

Edited by I've got no money

If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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Is that OK

If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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I personally wouldn't settle out of court, they have had plenty of time to sort out what you owe, and as mentioned before there is plenty of evidence that out of court settlements get 'forgotten' along the line. Follow IGNM's advice and you should be okay.

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OK, I will fill out as above, that sounds very good to me, thank you both, IGNM I appreciate your time as you seem to be very busy with your own case.

 

Many Thanks

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OK, I will fill out as above, that sounds very good to me, thank you both, IGNM I appreciate your time as you seem to be very busy with your own case.

 

Many Thanks

 

My pleasure - buts its' cases plural - I've got mine and a friends and I've still got to write a politics essay for tomorrow night and look at somebodys bill of costs...its' all good stuff though

 

Did I ever tell you that HFO are my favourite Solrs...they really don't have a clue

If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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Forgot to ask, do I take copies of this and send to Thurnbull as well or do I just send it to the court?

 

Yes - technically you should do - and of course we want to be whiter than white - so send them a copy

 

Don't forget make it recorded del...

If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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Hi Pank

 

You are in good hands with IGNM. The amended defence is great but can I ask a stupid question. Did you change the names to Barclaycard instead of MBNA?

 

Can I also suggest to the mods that this threrad be moved to Legal issues as it is definately in 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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  • dx100uk changed the title to Lowell/HFO claimform - old barclaycard debt **WON***
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