County Court Claim

[DonkeyB]

Have a look at UK26's lengthy thread here - this is, I think, at appeal at the moment but can't be sure. But it does give you a good idea of the tactics in use, ie. 're-engineering' NoAs and so on.

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/130275-hfo-services-limited.html

 

Also see Broken Arrow's thread:

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/144119-hfo-court-claim.html

 

And

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/147745-turnbull-rutherford.html

 

And Rosie's thread, here:

 

http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/147147-being-taken-court-hfo.html

 

I believe Fuzzybobble and Patrickq may have shaken them off, together with a few others.

 

Also, have a search through the forums or do a Google on something like 'HFO Services consumer' - you'll be amazed at what you find.

 

Plenty there to get you up to speed on the methods you'll encounter. If you get professional help, they'll possibly cack their panties, but this legal help may be costly. Is the amount under £5k? If it's over, it may be fast track and then costs will be an issue.

[Gunner77]

The amount is actually not much originally £809 and now with costs and interest £1200.

[Gunner77]

Still sitting tight and waiting. Will the court contact me to confirm what HFO/Turnbull are going to do?

 

I received a letter from the court saying my defence had been filed and that HFO/Turnbull had 28 days to respond. Does this mean 28 days to respond to the court? Should I be doing anything in the interim or just sit and wait? Thanks

[creditcardmug]

Yes 28 days to indicate to the court that they wish to proceed (if they dont it will be stayed)

If they do then the court will transfer it to your local court, and send you both an Allocation Questionnaire to fill in...you don't need to do anything until then

[Gunner77]

Thanks for that. Been 2 weeks already, do you think they will just let it go? Hope so!!! Seems like if they carry on with this case, things may get a bit sticky?

[Gunner77]

Hi guys my letter from the Court is dated 16/02/09 so does that mean that HFO/Turnbull have 28 days from this date? Thanks.

[creditcardmug]

Its officially 28 days, but they allow them 5 days more for postage, and in practice even more than that, then there may be court delays getting a letter out to you

 

Give it at least full month or more, then phone the court for an update

[Gunner77]

Thanks for that Creditcard mug you've been a great help as have others. Fingers crossed for another positive outcome.

 

Just as an aside why is this industry so unregulated and why is there no firm legislation or policing of the industry in place? It seems anyone can set-up as DCA???

 

Thanks.

[atwozee]

Probably because we (in general) don’t complain to the likes of the OFT or trading standards or our MP’s – that’s one thing I personally am going to rectify – once I get a little daylight between me and the DCA’s I am going to complain about every single one that has breached debt collection guidelines.

Not only that but I believe there is a massive case to answer for CL Finance regarding breaches of the Data Protection Act – I wont go into too much detail until I have had confirmation of it via the information commissioners office – but if my complaint is upheld it could result in a claim for damages against CL Finance.

[DonkeyB]

A telling question. I think the legislation is there, but the powers that be (TS, FSA, OFT) seem unwilling to put the boot in. That's where CAG is so good at raising awareness.

[Pank]

Hi Gunner,

 

I have not reached the stage that you have as yet as I have not yet received anything from the court. I do not know if they are going to take it any further. I am not going to give in as I have reported them to 3 different trading standards, Solicitors Regulation Authority (twice) and the ICO as they have sent me copies of statements with somone elses information on!

Personally I have reacted to every letter with a letter, and at all the stages I have CC all the parties, so maybe some of it has got through to Thurnbull and HFO but I am not confident!

I think they will probly take it to court.

Having read some of the other threads it seems though that they take things all the way and then they fail to turn up on the day and people are left in court. Which is not making the Judges very happy!! So even if it goes all the way that might be what happens..

I am following your case to see what will happen. Good Luck

[Gunner77]

Thanks Pank, will keep you posted, actually I just had missed call from 02030270104 which I think maybe Turnbull? Not really sure what to do? Anxious to find out what they are up to but not keen on being drawn into long and agrresive phone conversations with them!!!

 

Any advice appreciated. Thanks.

[Pank]

Hi Again,

 

I am sure that you are curios so would anybody be. Personally I would not speak to them, if they want something they can send you a letter that way you have things in writing for the court, and let face it I do not think they are phoning to tell you that you have won a holiday, it will be to intimidate you in to pay them some monies! The fact that they are phoning is a good sign as they probably realise they will not get anywhere in court!

 

Cheers

[DonkeyB]

Yeah, that's one of their numbers (main one is 020 3027 0132).

 

Don't phone them - make sure they know to contact you only in writing (which I think you've already done). If you feel you must phone them, record the call! Don't discuss anything with them, just ask what they have to say - never be drawn in. CPR says you should make every attempt to settle pre-trial, but this can just as easily be done in writing.

Edited March 11, 2009 by DonkeyB
Sorry Pank, overlapping posts

[Gunner77]

Once again many thanks Pank and DonkeyB. I will ignore there calls,as I have previously stated to them that I will only deal with them in writing. I don't know why but I feel the urge to be doing something, but I think it is best I just sit tight and wait and see what happens?

 

Thanks.

[Gunner77]

Hi, just to say my wife has just called me to confirm that the County Court have issued a letter to me, stating that my defence has been filed and enclosing an allocation form and stating my case has been moved to my local court.

 

What does this mean? What do I do next? Thanks.

[atwozee]

Take a look at this link here

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/168747-court-papers-filing-defence-4.html#post1965148

 

If you need help then bump your thread

[Gunner77]

Hi Atwozee, when you say bump my thread what do you mean? Thanks.

[atwozee]

Post a question and if it doesn't get answered then post another thread simply saying -

 

Bump

 

Someone will eventually offer help/advice

[Gunner77]

Thanks will do. I guess I will have a look at the other threads and see what happens. I will try and scan on what HFO have sent me in case that affects how I proceed and complete the forms, although as I have stated before just copies of statements and a one sided copy of my original application. No Terms and conditions or APR's in sight.

 

Thanks for your help, hopefully get through this last part. Do HFO/Turnbull ever turn up at court should it get there? It is just that I am in Surrey and they are in Wimbledon and Surry too???

[DonkeyB]

Gunner, I'm not far away and happy to help. When the AQ comes, you need to make sure you request directions re T&Cs and other documents. We'll deal with it when you get it. I have NEVER heard of HFO turning up to an allocation hearing, so it will probably just be you and the judge, and if you get yourself prepared (unlike I did, but filleted them anyway) you'll have a head-start. No need to panic.

[Gunner77]

If HFO/Turnbull dont turn up then what happens? Also if anyone can answer, how long does it take from receiving this letter from the County Court to actually having to go to court? Thanks.

[Nottsdave]

Hi

 

I rec my court papers earlt Dec , no date yet

So it takes a while.

Notts

[Gunner77]

Thanks for that I have read your thread and wish you all the best, I may well use some of your letter that you submitted with the allocation form. Thanks.

[Nottsdave]

feel free, most of the good stuff came from the mighty Scabhunter and 42man.

 

Good luck to you as well , I will keep my eye open for your updates.

 

Notts