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Hi all I have been issued with a county court claim dated 23 January from HFO/Turbull Rutherford. I have filed my intention to defend with court online. I have also sent by SD CPR letter to Turnbull's which they have received as I have proof of receipt via Royal Mail.

 

I have also sent a CCA letter to Barclaycard - the original debt originates from an old Monument Card I held (Jan2005 - Jan 2007).

 

Now as I await the various responses, I understand that I have 28 days from today to file my defence?

 

Also should they provide me with a CCA that is enforceable and also proof of the debt then can I just settle the claim or does the fact that I am defending it mean that should I accept liability that I will be lumbered with a CCJ? I read somewhere that if you settle a CCJ within 1 month it can be removed is this right?

 

I am pretty sure I do not owe them a penny and am fairly confident of winning, but just in case want to know what happens.

 

What exactly do HFO/Turbull need to provide in order to prove my debt and conversley, what do I need to receive in order to prove I owe nothing?

 

Thanks.

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Hi Gunner...which CPR letter did you use did you use ? and you have 31 days from the date of the claim form in which to submit your defence.

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

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What are the Particulars Of The Claim ? (don't be specific with the numbers)

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

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I read somewhere that if you settle a CCJ within 1 month it can be removed is this right?
True, if you pay the entire debt either before the hearing or within 28 days of judgement, then the CCJ is not recorded on your credit record
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Gunner, you have to acknowledge the claim within 14 days on the date of the claim form, if you wish to defend, then you get a further 14+3 days in which to send in your defence...

 

In the first instance if you do want to defend then it might be worth sending this off first...(by recorded) to Turnbull R

 

Dear Sir,

 

Re: (Claimant's name) v (Your name) Case No:

 

CPR 31.14 Request

 

On (date) I received the Claim Form in this case issued by you out of the (Name) County Court.

 

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim.

 

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of [each of the following / the] document(s) mentioned in your Particulars of Claim:

1 the agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.

 

2 the assignment

 

3 the default notice

 

Your client should ensure compliance with its CPR 31 duties and ensure that the documents I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

 

Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

 

In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

 

If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

 

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

 

I do hope this will not be necessary and look forward to hearing from you.

 

yours faithfully

 

Have a read here too - http://www.consumeractiongroup.co.uk/forum/legal-issues/159445-getting-them-reveal-their.html

 

Just keep a very close eye on the timescales...!!

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

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Hi 42 man, I have sent the above to Turnbull's on 27/01/09 and they signed for it on 28/01/09, also sent CCA to Barclaycard (re Monument card) yesterday. Now what should i do and what can I expect? Thanks.

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The CCA Request if you have not had a satisfactory reply back from the original creditor within one month then the debt is in dispute so you send a letter stating that the said debt is in dispute for none compliance of CCA they will also be breaking the law and will be in default of your request, if you do get a reponse it might be on the lines of "we have no credit agreement so we will close our files on this matter" or the other one "we have found the said credit agreement please find this enclosed" however most DCA's and Creditors often send you a copy of the application form which they try to pass off as the credit agreement the application form states no credit limit and what interest you should be paying back however some of them do so watch out, for the time being just try relax and you'll be ok.

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Thanks for that, so what timescale do HFO/Turbull have to respond to my CPR request? Also I submitted my acknowledgement to this case online yesterday and so the County Court Claim was dated 23/01, so what are my timscales please?

 

I just need to know clearly what I should be doing and when? Thanks.

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Hi 42 man, I have sent the above to Turnbull's on 27/01/09 and they signed for it on 28/01/09, also sent CCA to Barclaycard (re Monument card) yesterday. Now what should i do and what can I expect? Thanks.

 

Get ready to post a holding defence if necessary – who is the claimant? It might be a good idea to post up the PoC to get a little advice.

 

Have a quick read through my thread here http://www.consumeractiongroup.co.uk/forum/legal-issues/178882-court-claim-received-cl.html

 

If you need to you might be able to adapt my defence – or you could use PT’s embarrassed defence.

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The claimant is HFO services limited for a sum of £1200 which includes charges etc made via Turbull Rutherford.

 

It is in respect of a debt assigned to them by Monument (whom I believe at the time were owned by Barclaycard).

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I’ve read your other thread – seems like you’ve already settled the debt which makes it a little unusual – you need to get that written in to your defence with as much detail as you can – if you can’t prove that the debt was settled then the claimant won’t care and will still try to get a judgement. If you’ve got something in writing from B’card then that should be the end to it.

In the meantime you must defend on as many points as possible – if they can’t supply the agreement or the assignment or a default notice then they are going to have just as difficult a time proving that you owe them.

Is there a chance that you think you’ve settled it but it actually wasn’t?

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Yes this could have happened, as debt was settled by my dad. I said this to Barclaycard and they removed my default and now claim no record of the account. It is all so complicated, who can I go to and just say do you have a record of the account? This was a Monument card taken out in 2005 and defaulted at the end of 2006/ beginning of 2007.

 

Just wish this would all end, hate the fact the onus is on me to prove I don't owe anything, seeing as neither HFO/Turnbull's or Barclaycard have provided me with anything concrete in writing that this debt is outstanding. If they proved I owed them as I have asked them to do, then I would have settled had I owed anything.

 

Now as I raised this with Barclaycard in November and subsequently rasied this to a complaint, but they now claim the account is nothing to do with them and that they did not buy Monument until June 2007????

 

Where can I find out the history of Monument, I know others have posted and said that this is Barclaycard, but what can I do if they say it isn't???

 

Thanks.

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the onus is on me to prove I don't owe anything.

 

The same onus is on them to prove you owe it – and as I said, if they can’t produce the evidence such as an agreement, statements of how the sum is reached, notice of assignment etc… then they have exactly the same problem you do – it works both ways.

You need to find a way of getting hold of the relevant transaction on your dad’s account – not sure how you can do this without your dad’s help though – can you write to his bank requesting confirmation of any payments made to Barclaycard over the last couple of years and ask your dad to sign the letter?

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Could do, but he also settled a Barclaycard account I had around the same time. Sent CCA to Barclaycard and will call them on Monday, how long do Turnbull have to respond to my CPR? Thanks

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You asked for 14 days – they might comply they might not – you could chase them up – but don’t get into a deep conversation with them – you just want to know if they are going to send the info in time for you to defend.

When you get down to about 5 days left to submit your defence you need to be putting something together so that they don’t get a judgement by default. As 42man has stated, you must keep an eye on your timings.

Have a read through my defence and see if you can adapt it to your own circumstances – you can always change it later when you get the info you need or you get to the bottom of the transaction.

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Thanks for that, so if the notice was served dated 23 Jan then I submitted my acknowledgement online on 29/01/09, when do I need to file my defence by? It's just so nerve racking and stressful. On top of this I have the sceptre of redundancy hanging over my head!!!

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The last date to submit online would be 24/02 but personally I would put in the best defence I could 18/02 and then it’s done.

Don’t let this hang over you like a lead weight – easy said I know – but it does you no good whatsoever – lots can go wrong for them if you make it difficult for them – you have everything to fight for now and nothing to lose.

Plenty of help on here so shout up if you need some.

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if you have asked for an extension of time to file your defence, if and its a BIG IF, they allow you the extension you must also notify the court in writing, otehrwise you can end up with a default judgment against you

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Ok well it's a week tomorrow since HFO/Rutherfords were issued with my CPR request and it;s been a few days since I submitted CCA to Barclaycard.

 

Now what do I? Wait for them to reply? How much time do I have to give them? Can they not reply to me but when hearing is due suddenly find the documents I asked them to provide me? Thanks.

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Gunner...keep us posted, keep a close eye on the timescales, and if they don't respond, then you could possibly use either of these !!

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/161469-1st-credit-animal-2.html

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/167353-help-court-claim-howard-2.html

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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Hi all, no response yet from either Barclaycard or Turnbull Rutherford. What next? When shall I file my defence? Thanks for all your help, fingers crossed I can see this through and get another win over HFO for this site. Thanks for all your help so far and I appreciate all your advice and patience in guiding me. I have filed my acknowledgement of the claim online on 29/01 and claim was issued to me on 23/01, so when should I file my defence? Thanks.

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As an absolute maximum you have 33 days from the date on the claim form if you want to file online – Bear in mind your online defence will be limited to 8000 characters.

Don’t leave your defence till the last minute – it’s likely that you won’t get everything you need but leave it another week and then update your thread.

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