HFO/Turnbull - Court Proceedings Started -/ **DISMISSED **WON**

[babybear39]

Playing devil's advocate here, but maybe they refer to 12 % because the original T & C s are 12 %

[dinny7478]

ODC....I have been reading the law in question and am none the wiser

 

Could you explain in laymans terms what sort of proof they can provide to satisfy this?

[havinastella]

Have a look here

 

http://www.consumeractiongroup.co.uk/forum/credit-reference-agencies/164122-uk26-experian-limited.html?highlight=lowells

 

and here

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/184752-lowells-customers-put-them.html?highlight=lowells

 

 

 

Some light reading

 

 

Jogs

[dinny7478]

Cheers Jogs....I think I will tackle them with a glass of the finest in the evening....looks a bit too intense to tackle at work!!

[ODC]

ODC....I have been reading the law in question and am none the wiser

 

Could you explain in laymans terms what sort of proof they can provide to satisfy this?

 

A notice of Assignment should be served on you by registered post or recorded delivery.

[dinny7478]

Cheers ODC,

 

Looks like another thing they have gorgotten to do!

 

As an update, today I will be acknowledging the claim and stating my intention to defend it fully. Also the CPR document is going off to Turnbull by registered post.

 

I probably will need some more advice later on if/when Turnbull respond but for now thanks again to all the contributors for you advice so far.

[heliosfa]

My dad has an account with Barclaycard which he cleared with a final cheque a few years ago.

 

I don't suppose your dad has the last statement from Barclaycard showing the last payment?

 

Did the payment clear the whole balance?

 

Does your dad have a bank statement with the cheque going out?

 

I have an idea

 

Thanks,

H

[dinny7478]

Dad doesnt have the last barclaycard statement but he can get hold of a statement that shows the cheque.

 

As far as I am aware the cheque cleared the total remaining balance at the time.

 

Tell me more about your plan...sounds intriguing....

[DonkeyB]

A subject access request to Barclaycard would get you the statements, but it would cost £10 and take up to 40 days. Given the likely timescale before the case would actually come to court, it may well be worth doing this as it will clearly show what was paid when, and the balance at that time. I doubt HFO or Turnbullsh*t will provide them for you. And, when you win, claim the £10 and postage back as part of your costs in defending.

[dinny7478]

Thanks, Sounds like another good avenue to pursue...I will hunt around the site and find a SAR letter I can use and send to Barclaycard.

[havinastella]

A subject access request to Barclaycard would get you the statements, but it would cost £10 and take up to 40 days. Given the likely timescale before the case would actually come to court, it may well be worth doing this as it will clearly show what was paid when, and the balance at that time. I doubt HFO or Turnbullsh*t will provide them for you. And, when you win, claim the £10 and postage back as part of your costs in defending.

 

Totally agree.

 

And may also help yor defence if there are excess charges on the account. A little 'set off' defence me thinks ;-)

 

Jogs

[havinastella]

Thanks, Sounds like another good avenue to pursue...I will hunt around the site and find a SAR letter I can use and send to Barclaycard.

 

 

http://www.consumeractiongroup.co.uk/forum/payment-protection-insurance-ppi/118145-sar-ppi.html

 

Adapt and use this one.

 

Jogs

[heliosfa]

Dad doesnt have the last barclaycard statement but he can get hold of a statement that shows the cheque.

 

As far as I am aware the cheque cleared the total remaining balance at the time.

 

Tell me more about your plan...sounds intriguing....

 

Just that if he has some proof that the cheque cleared the WHOLE balance, then really he has no case to answer for. To do that though, you need the last statement.

 

Did he "close" the account after the cheque?

[dinny7478]

Thats where I am worried...he is insistant that he did close the account but whether this was actually actioned by Barclaycard i supose the SAR will disclose.

 

What I do know is that since that time he has had zero correspondance from Barclaycard - no statements, default notice, nothing.

 

Nothing until HFO start to call regarding a debt, HFO had it in their heads though that my fathers address was on other side of town.

 

If the address was changed on the account after my father cleared it then that would explain a few things - The SAR to Barclaycard should hopefully yield a few more answers to what happended to the account after my father cleared it.

[Windywoo]

A notice of Assignment should be served on you by registered post or recorded delivery.

 

I've just received NoAs from HFO - they were sent 2nd class!!

 

Subbing BTW

[DonkeyB]

And I bet they arrived a year or two after the event Windywoo!

[dinny7478]

Hello All,

 

Its now been 10 days since they received my last letter (CPR Request) and no response from HFO/Turnbull.

 

What should I do next? I presume its to get the case thrown out but how do I go about this?

[dinny7478]

bump

[sillygirl1]

What you do is contact the court and let them know you have no response from the claimants and you what to submit a holding defence with option to strike out should a further period elapse. They will probably direct you to a form to fill in (depends on where you are with the case) Take it from there - we can help with a holding defence

[dinny7478]

Thanks,

 

By contacting the court do you mean phone them? Write them a letter?

 

Will do some more research on holding defence. What further period can I wait before getting this struck out? Is it Court dictated or can I specify?

 

Sorry for all the extra questions but trying to get it all together in my head before I take the next steps.

 

Thanks

[sillygirl1]

Phone them, you never know what these mokeys might be up to... you do not have to tell Turnbull Rutherford that you have phoned the court.

[Pank]

Hi Dinny,

 

Just saw this thread and your case must have been filed on the same day by HFO, mine was also filed on the 13th, Althoug in my case I got a response from HFO regarding CPR request very sharpish. It was the first time they had acctually responded to me........

Going to subscribe to keep an eye on what will happen.

 

Please let trading standards know and the OFT together will the Solicitors Regulatory Association. The more the better. Surrey trading standars have people dealing only with HFO. But you also have to complain to the Trading standards where the crime has been commited ie the home address of your parents. Please do, as more and more complaints will make a difference.

I take ot you filed your acknowledgement of Service and you are now working on your deffence?

 

Cheers

[dinny7478]

Hi Pank,

 

I have read through your post and gained good advice from there...best of luck in sorting these B*****ds out.

 

Sent the CPR and confirmed reciept on the 20th but no response yet, the original agreement (if they have it) was made in 1980 and trying to get any documentation had been a nightmare.

 

Barclaycard dont want to know anything, they have still to respond to a recent SAR.

 

Not a single document from HFO/Turnbull - No NoA, CCA, Default Notice; I requested a CCA last year, got sent an application form last month and still they started Court Proceedings (hence my WTF!)

 

I filed an acknowledgement online on 19th, CPR Gave them 7 days but heard nothing so I am just reading around CAG to get an idea of the defence I should put together. (any tips/links would be appreciated)

 

This whole process has been a real eye-opener for me, i guess I was a bit naive about our legal process and regulatory bodies. I am amazed that companies like HFO/Turnbull can get away with such lies for such a long time without no-one acting.

 

To that end I do want to take this further with the watchdogs, I havent complained to anyone yet but I want to add my fathers case to the growing list of complaints - it can only add mnore credence to the whole argument of dodgy DCA practices.

 

Should I just outline the whole case to each body or is it worth focussing on particular areas where they have been found wanting.

Edited March 31, 2009 by dinny7478
Clarify timescale of CCA Request/ Application Form Reciept

[Pank]

Hi Dinny,

 

How is it going for you? Are you getting anywhere? I filed my defence today online so we will see what happen. Don't forget your time is nearly up!

 

Cheers

 

PS. There are some good links on my thread that have some very good defence documents. It is quite scary but once you get in to the language it gets easier

[dinny7478]

damn...I had forgotten about this......have been so busy in the last few days that it completely slipped my mind.....Will read your thread today to compose a defense..

 

what was the basis of your defense? I will read properly tonight but just to give me a starting point. Did you just write to the court with the defense slip that came with the claim form? What was the basis of your defense?

 

I wont have time until the evening to properly sit down and go through all this..... HFO/Turnbull knobs...havent even replied to CPR still!...another late night...

(Sorry just typing out loud)

 

Panks, cheers for the reminder.