HFO Services

[wobytide]

They've gone deathly quiet. Even if they say they haven't received the letters - which Royal Mail say they have - HFO were intent on starting legal action if I didn't reply within 14 days to their original letter, so I should have heard something from them.

[wobytide]

Now then

 

HFO - or should I say 'Turnbull Rutherford Solicitors', HFO's nasty older brother who went to law school - got in touch with me today.

 

Basically, it makes no reference to my CCA request or the subsequent letter when they didn't respond within the allowed time.

 

It 'constitutes a formal demand for payment' to HFO, and they have attached a copy of the notice of assignment by Barclaycard and a copy of the default notice.

 

However, both notices are dated July 27 2010 and are addressed to my current home address. According to them, the date of default was in 2007, when I was at a different address, and the default notice was issued in 2008, when I was at another different address. So I'm fairly confident they were not the original notices.

 

The covering letter opines that the debt which HFO is claiming is 'payable as evidenced by the attached notice of assignment and default notice'.

 

But there is no CCA.

 

What do I do now?

[miss muppet]

WBT, I'm guessing that you haven't done the Subject Access Request, you really need to do this to catch them out on their Blue Peter Antics. Are the defaults in Barclaycard's name and what sort of time do they give to remedy? Also have you kept the envelopes from HFO?

[miss muppet]

Have a look at this link WBT, may be of interest to you (Page 6)

http://www.consumeractiongroup.co.uk/forum/legal-issues/238021-notices-assignment-hfo-services-6.html

[wobytide]

I've replied to them referring to my original letters - and I've attached them as well for EXTRA convenience - and informed them that since they have failed to comply with my request they are acting illegally and I wish to receive no further demand for payment.

 

Basically, I've been looking back at their NOAs and they are hilariously bad. Can't take them seriously at all.

[wobytide]

OK. Interesting developments. A fortnight ago, I received a letter from Turnbull**** Rutherfords advising me that their clients had received my letters and will get back to me in due course.

 

On Saturday morning I received papers from London City County Court for the Barclaycard debt.

 

What now?

[broken arrow]

OK. Interesting developments. A fortnight ago, I received a letter from Turnbull**** Rutherfords advising me that their clients had received my letters and will get back to me in due course.

 

On Saturday morning I received papers from London City County Court for the Barclaycard debt.

 

What now?

 

Thats up to you whether you want to accept or defend.

If you choose to defend you have 14 to acknowledge the claim and a further 14 days to submit your defence.

Did you SAR Barclaycard and can you post up the claim form minus personal info.

[dadofholly]

OK. Interesting developments. A fortnight ago, I received a letter from Turnbull**** Rutherfords advising me that their clients had received my letters and will get back to me in due course.

 

On Saturday morning I received papers from London City County Court for the Barclaycard debt.

 

What now?

 

Hi wobytide

 

I also have problem with HFO - feel free to have a look through my thread to see if it is similar to your situation. There is plenty of help and advice on there that you may find helpful.

 

link is here

http://www.consumeractiongroup.co.uk/forum/showthread.php?270586-Welcome-amp-HFO-Services/page4

[sillygirl1]

Can you post up the particulars of claim, we can rip that to shreds and inform the court of their malpractices... very simple first step, then we can do a defence which will have them running.

[sillygirl1]

Is this the address of the court? HFO and Turnbull used to go for Northampton, then Wimbledon, then Croydon courts - this is a new one for them....

 

http://www.cityoflondon.gov.uk/Corporation/LGNL_Services/Advice_and_benefits/Legal_advice/civil_court.htm

 

If it isn't your local court as soon as you enter a defence the jurisdiction changes to your local court.

[broken arrow]

Is this the address of the court? HFO and Turnbull used to go for Northampton, then Wimbledon, then Croydon courts - this is a new one for them....

 

http://www.cityoflondon.gov.uk/Corporation/LGNL_Services/Advice_and_benefits/Legal_advice/civil_court.htm

 

If it isn't your local court as soon as you enter a defence the jurisdiction changes to your local court.

 

Hi sillygirl, from a number of new posts it looks like they are using new courts around London, where they are not known....

[wobytide]

I haven't got a scanner so I can't put up the particulars of the claim. I'll find a way though.

 

It's just odd because they wrote to me a few weeks ago saying they'd received my letters and were going to get back to me in due course. Seems they've skipped a step in taking this action!

[sillygirl1]

You can type up the particulars as they appear on the form, we need to act quickly on this so you can force HFO to get you the documents you need....

[wobytide]

You can type up the particulars as they appear on the form, we need to act quickly on this so you can force HFO to get you the documents you need....

 

Hi sorry about the delay.

 

I have been moving house so unable to get stuff scanned in. What I did do though, was follow advice given to another user re their experiences - following the link a few posts back, and sent a CPR 31.14 request to Turnbull Rutherford as well as my acknowledgement of service to the court. No reply from either as of yet - was all sent a week ago.

[coledog]

Can you give details of the Particulars of Claim - I know that you cannot scan it. Remove personal details.

 

Particularly, have they split the claim i.e. only claiming for part of the amount owing and leaving a balance. Also who does it say actually owns the debt? This is very important.

 

You don't need to file a defence yet.

 

There are now a number of people with threads who are in similar situations.

[wobytide]

I'll type it up tonight.

 

I'm keeping a file of all the stuff they've sent me.

 

They did send a notice of assignment and a default notice but these were reprints, if not complete fabrications, addressed to an address I only lived at since a year ago. The notice of assignment was in 2008.

 

I sent my CCA req to HFO but didn't get a reply. Turnbull Rutherford, though, have confirmed that HFO had received them but seemed to suggest that I should have sent it to TR.

 

So as far as I was concerned, the account was in dispute until I received original documents. That hasn't happened, TR have filed a claim and now it has escalated.

[coledog]

CPR request should have gone to Turnbull Rutherford and SAR to Original Creditor.

[broken arrow]

CPR request should have gone to Turnbull Rutherford and SAR to Original Creditor.

 

They could have past it over the desk.

[wobytide]

CPR request should have gone to Turnbull Rutherford and SAR to Original Creditor.

 

TR acknowledged receipt of letters and said they were dealing with them. A week later they filed the claim. No reply to original letters.

 

I'm sorry, but HFO own the debt. Surely they were equipped to handle the request?

[broken arrow]

I do not think they do and would that be HFO Capital (Ireland), HFO Capital (Cayman) or HFO Services.

[sillygirl1]

It can't be HFO (Cayman) as they cannot take people to court in the UK, they slipped up on that little lark..... that is why they had to set up the other HFO companies... what a tangeled web they tried to weave!

 

If HFO (Cayman) DO own the alleged debt they have to appoint another HFO company, usually HFO Services to collect on their behalf. HFO Services should not take people to court as they do NOT own the alleged debt.....

[loanbuster]

It can't be HFO (Cayman) as they cannot take people to court in the UK, they slipped up on that little lark..... that is why they had to set up the other HFO companies... what a tangeled web they tried to weave!

 

If HFO (Cayman) DO own the alleged debt they have to appoint another HFO company, usually HFO Services to collect on their behalf. HFO Services should not take people to court as they do NOT own the alleged debt.....

 

This is the whole complicated crux of the matter. Under the terms of thier inadequately executed agreement of 2 Jan 2006 which states therein that it is valid for 5 years, existing and future debts pass to HFOS with full title for them to enfortce in thier own right, however, the very dubious OC to HFOC assignment agreements, then contradicts this agreement as in the case of BC accounts it states that all payments and communications should be addressed to thier agent HFOS. I have had this conversation with BA and both concur that they cannot be the assignee / beneficial owner AND the agent. It is one the other. Also the 2 Jan 06 AA clearly predates the dubious & doubtful OC NoA's. The whole thing is an absolute sham and nonsense. I think that BA won his case on this when the Judge said, ithey didnt know who owned the debt, then he certainly didnt !!!! Case dismissed !!!!

 

I think that the end is nigh !!!!

[wobytide]

Nothing from Turnbull Rutherford. It has been 14 days. What do I do?

[coledog]

Hi

 

You need to phone the court and find out when you need to submit your defence by - assume that you have acknowledged the claim and said you are defending it. We can help you with a defence.

 

You will need to type up the particulars of claim to help us suggest a defence. It doesn't matter if no documents have been sent.

[broken arrow]

Nothing from Turnbull Rutherford. It has been 14 days. What do I do?

 

Write to them again, giving them 7 days to comply or you will get a court order to make them comply, if you have not submitted a defence, make sure you do before the deadline.