Turnball Rutherford, HELP needed!!!

[Delta-Charlie-76]

Hi there, I've had 2 letters from Turnbull Rutherford solicitors whilst we was away, who I know are acting upon HFO behalf regarding a loan for £5,000. On 1st December I sent HFO a CCA request, which they ignored, about a month later a default letter & telephone harassment letter, then 14th February another default letter, now I have got these two letters, I don't have a scanner, so I will copy what I have onto here, so here goes:

 

Letter 1 Dated 30th March 2009

 

'We have been instructed by our client to review your account in order to assess whether legal action against you is a viable option in respect of this debt. There is a legal charge for this review, which has now been added to your debt.

 

Our client is the legal owner of this debt and we have been advised of a "REFUSAL" on your part to deal with this matter. However if there are any admissable reasons why you have failed to address this obligation, then it is our duty to address these prior to litigation. If we resolve the issue within 7 days, we are instructed to remove all legal charges, and further review for County Court litigation will not be necessary.

 

You can reach me during office hours on 0208 *** ****.

 

Please be aware that a refusal to discuss this matter or contact me with a valid reason for non-payment will be noted on your file and may be disclosed to the Court in the event of litigation

 

Yours Sincerely

 

Alexander Josolyne

 

Now for the second letter dated 8th April 2009 (From Turnbull Rotherford)

 

Dear......

 

Our Client: HFO Capital Services

 

I wrote to you recently in connection with your outstanding debt to our client of £****.**, which is due for immediate repayment.

 

If you fail to contact me to discuss your account, this will result in my client instructing me to qualify your case for litigation. It will be necessary for me to carry out various searches against your name at the Credit Reporting Agencies. THe cost of these disbursements will be added to your debt and the work is due to start of 15 April 2009.

 

Please contact me if you would like to discuss your case before these searches are carried out.

 

Yours Sincerely

 

Alexander Josolyne

 

As said earlier we was away for 2 weeks with relatives, so have been unable to action these any quicker, any help would be appreciated!

[harrassed senior]

My first thought would be do you have proof of receipt of the letters you have sent in trying to get this sorted out. They will be the only proof you need against their allegations of you not contacting them!

[Delta-Charlie-76]

I have proof of posting & proof of reciept.

[maroondevo52]

Hi, Delta-Charlie.

 

You could try sending them this.........

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/575-letter-to-solicitors-threatening-legal-action-in-default-of-agreement-request-.html

 

Regards.

 

Scott.

[Delta-Charlie-76]

Thank you, will get that sent sometime tormorrow.

[I've got no money]

Turnbull Rutherford are my heroes...NOT...if they are acting if you take the iniative its' not likely that if they issue proceedings that it will get to trial -

 

They Always ignore letters - If they ever write to you - keep both their letter and the envelope it came in

 

There are a number of issues - the first one is who are they acting for HFO capital Limited or HFO Services. What was happening at one point was that HFO Capital were having a debt assigned to them in turn they assigned it to HFO Services - the claims were in a real mess

 

I really wouldn't bother trying to talk to them - what I would do is send a pre action disclosure letter under CPR 31.16 - there is a standard one on the forum - make sure that you add to the letter a request that they provide you with copies of ALL assignments in addition to copies of agreements, terms and conditions, notices of assignment, default notices etc.

 

This particular firm have one Solicitor and the work is done by unqualified clerks - some of their practices are questionable - so you need to be very careful with anything they do - one of their tricks is to claim they've sent a letter out on one date when they haven't...they are also less than scrupulous with the documents they produce.

 

Don't ever speak to them on the phone only ever correspond in writing and send it by either fax or recorded delivery - or they claim not to have received it - always print out the online proof of delivery

 

You need to see all of the documents before you decide whether you owe them anything.

 

Incidentally I don't think that they're allowed to charge you for their legal fees...well not at this stage anyway

 

Have a look at

 

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

Edited April 19, 2009 by I've got no money

[Delta-Charlie-76]

Ok thanks for that. HFO are by far the worst firm I've had to deal with to date, very agressive, rude, don't acknowledge letters.....the list could go on, which begs the question: Why on earth have they got a Consumer Credit License?

[Ell-enn]

HFO are being (or have been recently) investigated by Trading Standards in their area.

 

As for Turnbull Rutherford - you will notice that each letter has a number i.e. 1 of 3, 2 of 3 - you will get 3 of 3. These letters come out automatically whether you write in reply to any of them or not, they simply ignore it and send the 3 threatograms.

 

When you send the letter Maroondevo has suggested enclose a photocopy of the letter you sent HFO and also affix a photocopy of the recorded delivery signature receipt. Obviously send by recorded delivery again, otherwise they will simply say they never received it!

[I've got no money]

Ok thanks for that. HFO are by far the worst firm I've had to deal with to date, very agressive, rude, don't acknowledge letters.....the list could go on, which begs the question: Why on earth have they got a Consumer Credit License?

 

They're Solicitors...they're "regulated" by the Law Society - my biggest gripe about the Law Society and the Solicitors Regulatory Authority is that they are really not interested in complaints about the other sides Solicitors. Technically it is unprofessional conduct not to acknowledge correspondence but you try and persuade the SRA to deal with it...

[Delta-Charlie-76]

Thank you to all, the letter that Maroondevo52 suggested has been typed up, I will also be sending copies of 4 letters that I sent HFO in the last 4 months plus copies of Proof of Posting & Delivery.

[DonkeyB]

And they CANNOT add charges to any alleged account. This is another tactic which is meant to scare you and which they know is not legitimate. They are so full of crap I'm surprised they don't have shares in Andrex.

[I've got no money]

And they CANNOT add charges to any alleged account. This is another tactic which is meant to scare you and which they know is not legitimate. They are so full of crap I'm surprised they don't have shares in Andrex.

 

The thing I don't understand is how they make any money...If I were HFO I'd have sacked them years ago

[mr.ton]

There is a legal charge for this review, which has now been added to your debt.

 

I thought id heard it all before..but that really takes the biscuit

[DonkeyB]

The thing I don't understand is how they make any money...If I were HFO I'd have sacked them years ago

 

Maybe I've missed the irony, but as HFO Services' only director is a certain Mr A Turnbull, and the director of Turnbull Rutherford is Mr A Turnbull, he might be disinclined to sack himself

[DonkeyB]

Re: "a legal charge for this review". As a 'legal charge' is a distinct legal entity, ie. a lien over something, I think this letter must've been drafted by a non-solicitor paralegal chimpanzee with an HFO certificate in extortion.

[I've got no money]

Maybe I've missed the irony, but as HFO Services' only director is a certain Mr A Turnbull, and the director of Turnbull Rutherford is Mr A Turnbull, he might be disinclined to sack himself

 

I'd never actually realised that - I knew that there was some sort of connection - do we know if he is also a Director of HFO Capital Limited

[I've got no money]

Re: "a legal charge for this review". As a 'legal charge' is a distinct legal entity, ie. a lien over something, I think this letter must've been drafted by a non-solicitor paralegal chimpanzee with an HFO certificate in extortion.

 

Don't forget that they only have one Solicitor in the firm - Mr A Turnbull...

[DonkeyB]

Don't forget that they only have one Solicitor in the firm - Mr A Turnbull...

 

I can't imagine what you're implying there, IGNM...

 

HFO Capital is registered in the Cayman Islands. There is also an HFO Capital registered in Ireland, but I haven't been able to look these up yet. There is also HFO (UK) Holdings, of which I believe Mr Turnbull may, again, be the sole director. All publicly available information.

 

My naughty little query is this: if HFOC acquired a portfolio of debt overseas to avoid tax issues, does it then pay that tax when it reassigns them to HFOS in the UK?

[I've got no money]

I can't imagine what you're implying there, IGNM...

 

HFO Capital is registered in the Cayman Islands. There is also an HFO Capital registered in Ireland, but I haven't been able to look these up yet. There is also HFO (UK) Holdings, of which I believe Mr Turnbull may, again, be the sole director. All publicly available information.

 

My naughty little query is this: if HFOC acquired a portfolio of debt overseas to avoid tax issues, does it then pay that tax when it reassigns them to HFOS in the UK?

 

Precisely

 

The other thought I had is that I think that if HFO Capital bring proceedings you might be able to get an Order for Security for costs - cos I don't think that Grand Cayman is a convention country - its' something when I've time I'm gonna check when I have time.

[patrickq1]

BBC - Radio 4 You and Yours -HFO Services Ltd

 

JUST HAVE A LISTEN TO THE TRADING STANDARDS OFFICER IN HFO ARE AND ALSO THE OFT...WHO SAY THEY HAVE ONLY SEVERAL COMPLAINTS IF EVERYONE SENDS THEIR COMPLAINT TO BBC RADIO PROGRAM DISPUTING THE OFT PERHAPS OFT WILL BE FORCED TO ACT AND ALSO TRADING STANDARDS OTHERWISE THEY HAVE LIED IN PUBLIC

PATRICKQ1

[I've got no money]

Now that is interesting...

 

We really do need to start making lots of complaints

[patrickq1]

yes

we also need to have the new terms and conditions that morgan stanley have provided on their investors adds,looks like we have NEW TERMS AND CONDITIONS i think the new t and c fly in the face of what they are doing at this moment

look on my old thread PATRICKQ1 V MORGAN STANLEY

[Delta-Charlie-76]

***UPDATE***

 

Got two letters from this firm this week, here they are:

 

1st:

 

21th April 2009

 

Dear DC76

 

Our Client: HFO Capital Ltd

 

We have completed our investigation into your affairs in anticipation of litigation against you and have applied the relevant costs to your account.

 

Following our review, we have made a County Court Recommendation to our Client and we now await confirmation that we may proceed by issuing a claim against you in the Northampton County Court for the outstanding balance, together with accrued interest, solicitirs fixed costs & court fees.

 

If the Claim Form is served on you by the court, you will also recieve a response pack which will contain instructions on what you should do if you want to admit the debt or file a defence. Note that if you decide to file a defence, you will need to provide evidence in support of your defense and we will be instructed to ask why such evidence has not been supplied earlier, in accordance with Civil Procedure Rules.

 

Contact me on 0208 **** **** should you wish to discuss any aspect of this matter pending confirmation from our Client that we may preceed with litigation

 

Your Sincerely

 

Alexander Josolyne

 

 

On Monday I sent the letter that was suggested by MaroonDave52?(Sorry if mis-spelt) by recorded delivery, in the package were copies of my CCA request & Account in Dispute letter with copies of proof of posting & delivery, then yesterday I recieved a letter (2nd) from Turnbull:

 

22nd April 2009

 

Dear Mr DC76

 

Our Client: HFO Capital Ltd

 

We acknowledge safe reciept of your letter and noted the contents.

 

We now await our client's comments and further instruction.

 

Your Faithfully

 

 

(No name this time just a scrawl)

TURNBULL ROTHERFORD SOLICIORS

 

What letter/action do I take now?

[Ell-enn]

Hi, you don't need to do anything. Just keep all your letters (both theirs and yours) safe - I suspect you won't hear from them again as they won't be able to prove the debt

[I've got no money]

Have you sent a CPR 31.16 letter - its' a pre action disclosure letter - there is a standard one - send them that...