old Barclaycard debt - HFO Services & a charging order

[DonkeyB]

They will claim a Barclaycard admin error. Need VJ on this one...

 

Can you ask Barclaycard for this in writing?

[inacorner]

I've already got the SAR outstanding, shall I just wait on this?

[DonkeyB]

The SAR probably won't reveal that.

 

Call and ask for this in writing. Ask for a screen grab printout. Mention you have an SAR in and just want to be sure you receive this info.

 

I note in the PoC they requested interest from 3 Feb 06. So the NoA which may or may not have been sent to you would probably have said the account was assigned on 3 Feb. This is not accurate if it was sold on 27 January.

 

Next tack: SAR Turnbull Rutherford. We want records of every letter they have sent or hold from you, and all telephone calls. Let's get on their case. They won't then be able to bring up things in future they might want to rely on in any court action...

Edited June 18, 2010 by DonkeyB

[inacorner]

Right -

 

Do I just use the usual SAR to TR? or do I modify as they arent the DCA or original creditor

 

Guess I still need to write as my post above regarding their 7 day deadline to make an offer ?

[inacorner]

They will claim a Barclaycard admin error. Need VJ on this one...

 

Can you ask Barclaycard for this in writing?

 

Done they agreed to post out on Monday .

[DonkeyB]

Right -

 

Do I just use the usual SAR to TR? or do I modify as they arent the DCA or original creditor

 

Guess I still need to write as my post above regarding their 7 day deadline to make an offer ?

 

You can SAR anyone who processes data about anything. It's nothing to do with finance - it's freedom of information to data that concerns you.

 

So ask for copies of all letters written by them to you, all phone calls, the lot. You might have to do another SAR for HFO Services.

[inacorner]

Cheers - I did HFO Svcs at same time as Barclaycard

[DonkeyB]

Even better... it's amazing the amount of trouble you can cause for just £10.

[vjohn82]

Another Roxburghe issue it seems...

[inacorner]

Will the SAR to TR automatically stall them or should I still do my planned reply and token offer

[vjohn82]

You may do both hand in hand but why would you want to make an offer on an account that you do not have all of the details for?

[inacorner]

As mentioned in an earlier post they are threatening futher enforcement and obvioulsy the interest continues to mount and have given seven days to submit the I&E statement

[DonkeyB]

Well, there's a default judgment and CO in place... that's the problem. We're in a Broken Arrow situation!

[Docman]

Hi inacorner,

As you may gather from the number of posts above, there are several of us who have tangled with HFO in their various guises. I will refrain from my personal views on them and their 'solicitors' as this is a public forum - which reminds to say 'hello' to Mr T - he does like to read all that is published on CAG about HFO.

There are a number of ways of proceeding now but you need to establish the facts first and collect together documentation. One of collecting the documents is the SAR route using the Data Protection legislation. It can turn up lots of information that would otherwise not surface. However, there are some documents that HFO/Turnbull Rutherford should have filed with the court.

You need to check with the court what documents have been filed. You will have to go to the court and ask to view the court’s file. As the defendant in the case, you have that right and also the right to take copies of any document on the court file (but the court office can charge you 50p per page copied).

First, get a copy (if you haven’t kept your original) of the claim form (N1) which sets out the claimant’s Particulars of Claim [POCs].

Second, t POCs should refer to certain documents such as the credit agreement. See if there are copies on the court file of any document mentioned in the POCs and get a copy of any such document. The key documents are the consumer credit agreement [CCA], the Default Notice [DN] from Barclaycard and the Notice of Assignment [NOA] that should have come from Barclaycard but probably didn’t (VJ will no doubt deal with this as the posts progress). If the documents are not there, don’t worry. IMO, if HFO/TR is still proceeding, then the case is still live and I do not see any reason why you can’t use the courts rules (CPR 31.14) to get copies if the SAR and court routes fail.

Third, you will have to think about applying to have the default judgment set aside. The biggest problem here is timing. You are very, very late in applying but there may be a way around that. For now, you indicated that you had sent in a defence. You stated in your earlier post [#21] that in

“Oct 06 I wrote to Turnbull Rutherford explaining the court forms were sent to Hfo and court their response stated hfo wouldn’t have known what to do with them they state their client intend to enforce order”

. Exactly where did you send the defence [the court, HFO or TRs] and when?

[inacorner]

Hmm - do you have to go to the court in person - assume you do - problem is it was about 300 miles away

[DonkeyB]

Are you in Scotland, inacorner? If so, you should not have been taken to court in England!

[inacorner]

No North England - think case was in Croyden - I can check later

[DonkeyB]

If it was Croydon, they should have attached all the documents they wanted to rely on. It's not like the bulk centre - in a County Court, they must attach these things. I'm not far from Croydon

 

That's we we need to see their claim form - if we're going for set aside, we can probably also show failure to comply with CPR.

[inacorner]

not sure if I have the claim form, again will check tonight - if not will this be part of the SAR info I will get back or not - if not how can I get a copy?

[DonkeyB]

Anyone? I dunno!

[DonkeyB]

Afternoon whalinda. Please join in!

[DonkeyB]

Found this - thanks to mydogsawestie.

 

When will the court agree to set aside a judgement?

 

The county court rules set out when you can apply to set aside a judgment. For example:

You may not have received the original claim form.

You may have moved house and not had post from your previous address.

An order was made against you in your absence in certain circumstances.

There may be an error in the judgment.

You want to put in a defence and did not have the opportunity to do this.

The proceedings did not follow the court rules.

 

There's a few grounds on which we can go for set aside. The last one refers to the issuing through Croydon CC and (possibly) not attaching the documents they wished to rely on that were mentioned in the PoC.

 

That's why finding a copy of the original claim is important.

 

If we can get it set aside, the CO automatically goes too.

[vjohn82]

I set aside my CCJ after 2 years... so it can be done. I had not received the original claim form either but the Judge said there was no evidence that I had not received it.

 

In the end I had to rely upon some mental health grounds to get it set aside but it was a particularly harsh judge.

[Docman]

Is the case still in the Croydon County Court?

[inacorner]

OK the outstanding questions

 

It is still with Croyden CC (final charging order dated Jan 07)

 

The defence was posted to both the court and hfo on 29 August 06 the original judgment (5 October 06) stated I did not repsond - i wrote to the court manager on 23 Oct explaining this and also TR - they acknowledged this letter on 25 October but not my defence.

 

 

I have the N1 form its only 1 page (double sided) and makes no reference that I can see to other documents.

 

details of claim simply state monies due under credit agreement

 

the amounts claimed, court fee and solicitors fees are shown

 

on reverse - particulars of claim

 

first para monies due under credit agreement etc that I deaulted and in breach of payment clause of agreement

 

next bit aout interest s.69 8% from 3 feb 06 to 11 aug 06 of etc etc