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

[Pank]

Hello again,

 

I posted my deffence on line. That way it is instant and easier to keep contol of. Don't panick you have another week, but I have been told by other caggers to get it in earlier as Thurbull are known for contacting the court and telling them they have not received the deffence, and that way they get Judgement by default. Not sure how that one works but there you go.

 

I have based my defence on the fact that there is no valid credit Agreement, all I have been sent to far is copy of an application form that no one would be able to read.

I have received statements that have the incorrect details on, I have received an incorrect default notice, all the paperwork has different ammounts. It is a mess.

Start of having a look at my thread. 42Man posted some links today that have good defence ideas.

 

Cheers

[melmumof3]

hello,

ive read through your posts and it seems my case is very similar to that of your father's in sense i have only received the application form. my debt stood at £2500 and now is over £4000 as they've added numbers on!...

i have received court papers on 3rd april and this saturday, HFO have sent me the 'documents' i asked for undr CPR . The notice of assignment was made up by themselves. on that it says date of assignment 30/7/08, but on the PoC its says HFO purchased debt 26th march 09. i have my own thread 'hfo sent court papers'. i wish you luck, i have yet to figureout defence:-|. ill keep and eye on your thread.

 

regards mel

[dinny7478]

Been away for while so havent had a chance to keep this post updated but thanks to Pank's timely reminder I filed a defence online.

 

The defence was based on the fine examples in Panks thread. I am now just waiting for the courts response.

 

melmumof3 - If you havent already, I would suggest looking at Panks thread. It is also very similar to mine and there is some good information in there for you.

[dinny7478]

Turnbull have finally crawled out and responded to my dad after I filed my defence.

 

They hace sent a latter acknowledging receipt of my defence. A copy of the application form again (which I know is not a credit agreement) and set of statements (computer screen printout not copy of originals).

 

The statements have a different address to my dads current address, which is the same address as on the application form.

 

Now under CPR they are suggesting we resolve this issue as efficiently as possible and without neccesary expense (so nice of them!!).

 

If I dont comply with their niceness 7 days before the courts allocation submission date (Whats that?) then they will file their allocation questionaire.

 

So what to do next? Write to TB again saying the evidence provided is not good enough, no default notice, etc? Wait for it to be allocated and go for them in court?

Edited April 24, 2009 by dinny7478
Clarify what type of statements were sent

[42man]

I think they are worried, but trying to sound bullish !!! have you had the AQ through as yet ?

[dinny7478]

Nothing yet.....Do you think its worth me writing again to Turnbull

 

I dont think its gaving any affect...I ask under CPR disclosure for everything they have

 

Are they really telling me that only have an application form and copy statements with a differant address.

 

I have read Pank's thread and a few other but I havent found one thats like mine

No default notice, No letter of assignment (as stated in POC), No CCA, No breakdown of Charges, Nothing...

 

Frankly I am amazed that this is managing to get this far...

[DonkeyB]

Yes, repeat your request for the documents you want (as mentioned) and which they intend to rely on as in their POC. Point out specifically what they have failed to provide.

 

While they spout on about CPR (more CR*P in their case), they have failed to provide what was requested. It would look good for you in any court proceedings that you have pointed out to them their failure to provide documents, and that in fact they have failed to comply with CPR while you actually have.

 

Don't expect an answer though! This is their standard response at this stage - many of us have received it. My money's on a last-minute discontinuance.

[dinny7478]

Its been a while since i posted so let me update you on whats going on.

 

My father has been away on Holiday for a while and has come back to find an allocation questionnaire for Small Claims Track waiting for him (presumably because the amount is under £5000).

 

This AQ has to be submitted by this Sunday so I am looking at it now with a view of getting it done before Friday. The court is quite close so I can always get my father to deliver it by hand on Friday.

 

I still have had no response from Turnbull to my CPR request reminder letter which isnt even a surprise anymore.

 

So I have got this far with the form

A-Yes

B-No

c-Yes

D-No

E-No Experts

F-Self Evident

G-Should I outline the whole situation in here? its a small box - Can i attach another document

H-Do i pay the fee or does HFO

 

Any suggestions on G&H would be breatly appreciated.

[sillygirl1]

I expect people will be along later today to help out but I would wait for somebody more experienceed in AQs, I've never had to fill in one myself so can't help.

 

I hope you hammer them in court, they bring claims very quickly and don't seem to have much paperwork.

 

Get this into the court ASAP - before Friday if possible just in case, they have a habit of trying to go online and getting judgement by default that way... naughty but 'allowable' If they do this to you we can defend quite easily.

[dinny7478]

bump

 

I really need some help om Point G...am in work today so cantpost but hopefully someone can help me out

 

I have an outline of what I shall put in the box:-

No CCA

Non-Compliance with CPR - still outstanding

No default notice

No letter of assignment

 

Do i need to put anything more in there, i can always show all my documentation when a court date has been set but for now will this suffice.

[sillygirl1]

Pank has just had a Notice of Discontinuance for Turnbulls, maybe yoiu will be as lucky.

[dinny7478]

It shows that perseverance does pay off in the end.

 

I am just finishing filling in this form I am going with what i outlined before. Will keep it brief since the court hearing (if it happens) should cover the details (or lack of) in this case.

 

Any last minute advice?

[melmumof3]

hello all,

mines similar, ive today receive turnbulls allocation questionnaire. lots of photocopies of statements, a cover note from M&S, which i assue is for the notice of assignment, M&S claim they never sent to me, it was on the very same paper from HFO it seems HFO used M&S letter head as its not even in colour IYSWIM....

ive got to fill in my questionnaire as yet. HFO says my claim is generic...is it???

[I've got no money]

HFO - My absolute heroes how have I missed this thread...incidentally I had a claim with our heroes - no CCA etc - I eventually got them struck out for not providing a copy of the original T & C's

 

Can you post a copy of your defence - for me to have a look at

 

Is the claim for more than £5k - if it is you MUST MUST allocate to the Fast track...

 

Have you sent the AQ off

 

Can you also post copies of all the docs that you have and I'll see what I can suggest

 

The way to deal with TR and Co is by being very aggressive and taking control of the litigation. The objective is to make them either discontinue or get them struck out

[dinny7478]

Hi IGNM - I have been following Panks thread and you did a stirling job, hope some of your good advice will help me as much.

 

The claim was for approx £4800 so it looks like its heading down the small tracks claim.

 

The AQ Was submitted last Friday.

 

Got another letter from turnbulls, enclosing a copy of their AQ..interesting in section G.

 

They state claim was incorrectly issued online in the name of HFO Services Limited, but they are only agents of HFO Capitol Limited. They are requesting leave to apply for a substitution of names.

 

Whats that all about then?

 

IGNM - Whats the best way to post the documents online? I know HFO sometimes trawl this board, maybe I am being para but I dont want to be revealing anything to them.

[babybear39]

Recently a DJ found for the defendant because of such a mix up in company names. Can't find the thread though so maybe someone will come along and knows where it is

[dinny7478]

I remember something about HFO Capital not being registered in the UK and therefore unable to serve claims in UK...I am not sure where i read it but it might be another avenue worth researching....

[fedup21]

I think HFO capital are registered in the cayman islands. Another member did quite a bit of research into this particular problem, I'll try and find the thread.

[dinny7478]

Its been a while since I last posted on here due to a change in employment and home but to keep it brief for now, this case went all the way to a court hearing where it was dismissed.

 

I will post back with more details with what happened after I last posted before, it went back and forth for a while and it was looking very scary at one point but a lesson for anyone who is currently experiencing the same situation.

 

Hang on in there, be persistant and stand your ground - they will be made to look like the idiots that they are when the day of reckoning comes.

 

Thanks to Pank, HavinAStella, ODC, 42Man and numerous other posters for all the great help given in this and so many other threads on this board. very much appreciated.

 

I am feeling a bit more emboldened by this little victory, Can I now countersue after a case has been dismissed? It was dismissed on 11th Sept 2009.

 

p.s How do i change the original subject title of this thread to state the case has been won?

 

:):razz:

[DonkeyB]

Great news Dinny - and well done. Look forward to hearing the full story.

 

To change the title just alert a mod - I've done it for you.

 

Also, have a look at this thread - I've raised a few points near the end of this thread which were similar to your case.

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/231293-help-defence-ws-required.html

 

 

Donkey

[dinny7478]

Thanks Donkey B, will have a read through the other post and see if there is anything I can add.

[citizenB]

Well done dinny, it will be interesting to hear how it all went down.

 

I have amended your title to reflect the success and moved you to the success forums.

[dinny7478]

Thanks

 

Maybe HFO/TR hace sharpened up their act recently looking at some of the more newer cases but in my dads case, their efforts although admirable were so shambolic it didnt really get too far in court!

 

Working on a summary now...come back soon for the gory details!!

[havinastella]

congrats Dinny

 

Glad I could help

 

Jogs

[dinny7478]

I am still a bit confused with the terminlogy

 

Case Dismissed vs Discontinued vs Won

 

Whats the difference? Can i sue them now? Can they start proceedings again at a later date?