Hfo Services Cca Request Help!! *** Discontinued ***

[Bazooka Boo]

You gotta laugh at Roxblurbs first missive.

 

"It is a fact that debtors should seek out his creditors and not the other way round"

Really? Whose fact is that? I notice that it is 'fact' and not 'Law' which makes that statement as funny as "Valid even if not read by you"

[BRIGADIER2JCS]

The FACT the DCA's don't know fact from farce!!!

[bugsy123]

Where do I find defence pack password? Oh got it! Do I want to contest jurisdiction? Whats that?

Edited May 8, 2011 by bugsy123

[BRIGADIER2JCS]

When you receive a court claim the relevant forms are included with the actual claim form,

if you are using the on line system of the court service you need to follow the links on

the site.

If this is not what you are looking for pleases post again.

Brig

[coledog]

On the Claim Form under 'Important note' on the right, final paragraph

[DonkeyB]

No, don’t contest jurisdiction unless you live in Scotland or NI (assuming the claim is from Northampton).

[bugsy123]

Not having a gud morning. Cant respond to claim online as cant work out letters from numbers on password.

[broken arrow]

Not having a gud morning. Cant respond to claim online as cant work out letters from numbers on password.

 

Don,t panic you can always post.

[bugsy123]

All done! What do I have to send now? A CPR request to turnbull? Help!!

[coledog]

Here is the CPR letter. Not sure how you ask for 'Notice to admin facts'

 

 

Dear Sir,

 

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

 

Combined CPR 31.12 and CPR 16.4(2) 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 form to the court indicating my intention to contest all of the proceedings.

 

Owing to the striking lack of particularity in your Particulars of Claim, I require the prompt disclosure by you pursuant to CPR 31.12 of each of the following documents, mention or reference to which would have been made had the Particulars of Claim contained the minimum of necessary particulars and complied generally with CPR PD 16.

 

1 the agreement giving rise to the obligation to Barclay ard for the credit advanced. 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 deed or other instrument of assignment by which you / the Claimant acquired rights under the agreement disclosed by you under [1] above.

 

3 the default notice, the service of which was a condition precedent to the creation of the debt now sued upon by you pursuant to the assignment disclosed by you under [2] above.

 

Additionally and in relation to the interest claimed, pursuant to CPR 16.4(2)

 

4 Under CPR 16.4(2)(a)(i) please now state whether the claim to £Xxx.xx includes a claim for interest under the agreement disclosed under [1] above and if so,

 

5 Under CPR 16.4(2)(b) specify the amount of that interest, and

 

6 the percentage rate of interest, the date from which it is calculated and the date to which it is calculated, alternatively

 

7 Where more than one percentage rate of interest has been applied or compound interest has been applied in the calculation of the amount of interest specified at [5], specify each element of interest comprising the sum for interest specified at [5] and for each such element specify the amount treated as principal in the interest calculation, the percentage rate of interest, the date from which it is calculated and the date to which it is calculated.

 

8 Of the interest amounting to £xxx.xx claimed pursuant to County Courts Act 1984 section 69, specify the date from which it is calculated and the date to which it is calculated.

 

You should ensure compliance with your 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 31.12 request.

 

You should also ensure compliance with your CPR 16 duties and likewise ensure that the particular regarding interest are fully provided to and received by me within 7 days of receiving this letter.

 

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.

 

If you are unable to comply with that part of this request concerned with CPR 31 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 any part of this request or fail to request more time, 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 look forward to hearing from you.

 

yours faithfully

[bugsy123]

Thanks Coledog! Need to change my cag name to knocking knees lol.

[broken arrow]

http://www.hmcourts-service.gov.uk/courtfinder/forms/n266_0499.pdf

[broken arrow]

Link to form for notice to admit facts or possible fiction with these clowns

posted above

[bugsy123]

Thanks BA. Do I send notice to admit facts with the above CPR.

[broken arrow]

No send the N266 to the court and a copy to TR . send CPR to TR

Edited May 10, 2011 by broken arrow

[broken arrow]

Notice to admit facts32.18(1) A party may serve notice on another party requiring him to admit the facts, or the part of the case of the serving party, specified in the notice.(2) A notice to admit facts must be served no later than 21 days before the trial.(3) Where the other party makes any admission in response to the notice, the admission may be used against him only –(a) in the proceedings in which the notice to admit is served; and(b) by the party who served the notice.(4) The court may allow a party to amend or withdraw any admission made by him on such terms as it thinks just.I would send TR a copy.

[bugsy123]

Cant think straight! So my CPR would be coledogs post above and sent to turnbull. Then my notice to admit facts is sent to the court and copy to TR.

What facts should I be asking them for? The credit agreement? When do I send off this defence and counterclaim form from the court? Because this wont be fast tracked due to amount how long will it be before it gets to court? sorry for all these questions.

[BRIGADIER2JCS]

Have they got an enforceable agreement for one, then any thing you believe has not been provided or has been

inadequately provided.

[DonkeyB]

The notice to admit facts needs to be used to establish the fact that this account was sold by HFO Cayman to HFO Ireland when HFO Ireland did not have a consumer credit licence. That makes the sale potentially illegal, and certainly invalid, and therefore HFO Ireland would have no locus standii in the matter. HFO Cayman does not now hold a CC licence either, so they are a bit stuffed.

 

It can also be used to determine that the first contact from HFO was a ‘reminder’ letter, and not an NoA some years ago, and that no statement of account has ever been sent, nor a notice of arrears. This will stuff their interest claim. It should highlight their fibs, or force them to come up with ‘evidence’. It is a legal document and must be responded to in a timely manner.

[bugsy123]

Thanks guys feeling a bit better.

[bugsy123]

On the notice to admit facts should I put be putting about the account being passed on to a company with no license or should that be in my defence?

[DonkeyB]

Put it in. They either acknowledge or have to deny it with evidence. If they acknowledge - as they must, surely - it's game over.

[bugsy123]

Notice to admit facts and CPR all gone off. Should I be preparing a defence now? The defence form from the court, does that get sent with my defence documents? or do I send that now?

[harrassed senior]

Thanks Coledog! Need to change my cag name to knocking knees lol.

 

Mine are knocking for you - so glad you are asking all these questions, I will have to as well as I am but a couple of weeks' behind you, so following with bated breath!!

 

Good luck though, you are getting excellent advice and doing so well to keep up, I would probably have been taken by the men in white coats by now

[bugsy123]

Thanks H senior! we are all in this together.good luck with your thread.