HFO Services & barclaycard

[googleria]

Hi,

 

Just needs some advice from the experts please, i have received a CCJ claim form from HFO services for barclaycard debt which wasx defaulted in Aug 2005.

 

Orginally when HFO started chasing this debt they were asking for £1000 now that i have the claim form it is for £290.

 

Now i dont mind paying the £290 as long as i know its going to be the end of the matter.

 

I have a few questons, if you kind people can please clarify these:

 

1. Can they make a claim for the other £710 after i have paid the £290??

2. If i pay this £290 do they still put the CCJ on my file?

3. Is there anyway i can get this default removed from my file?

 

Thanks in advance to you all.

[miss muppet]

Has the claim form been issued by Northampton bulk centre? Can you using a photoimaging site such as photobucket post the POC up (removing identifying details) for people to have a look at? You need to be very careful with that company, they are a nasty bunch!

[googleria]

Yes this has come from Northampton bulk centre i can't post up but i can type out all the info you need, if you let me know what you need.

 

Thanks much appreciated.

Edited July 18, 2010 by googleria

[googleria]

Particulars of claim:

 

The claim is for monies due from defendent under an interest - bearing credit agreement. The Defendent defaulted on this agreement on 03/08/2005. The claimant HFO Services Limited (Contact: 0845 606 1560)

is a services and collections company, which collects debts for HFO Capital Ltd.

HFO Capital Ltd. purchased the defendents account and all rights and obligations attaching thereto from the original lender on 27/11/2005 Notice of assignment has been provided to the defendent. The claimant claims £225.00 being installment arrears due from the defendent.

 

On satisfaction of this claim and the costs there will be an unpaid balance of which is to be paid by the defendent which is accuring interest at the contractual rate of 12% PA.

 

Hope this helps

Edited July 18, 2010 by googleria

[sillygirl1]

I would start the defence off by asking why HFO have waited so long to take you to court, if it was assigned in 2005 they have had five years to do this, I assume no contact was made before the court forms....

[sillygirl1]

This bit sounds very suspect and should be challenged legally, contractual interest is 8% and you need to get them to disclose what is remaining, they CANNOT split a claim to claim fees afterwards - complete abuse of process... so start off by pointing this out...

 

On staisfaction of this claim and the costs there will be an unpaid balance of which is to be paid by the defendent which is accuring interest at the contractual rate of 12% PA.

 

 

You should state in your defence

 

1. the defendant does not admit to any amounts owing to the claimant due to the length of time it has taken them to bring this case to court. No correpsondence prior to the claim has been received, thereby no pre-court protocols have been met

 

2. The statement..... (put the dodgy bit here) is meaningless to the defendant and they require clairification of this - it seems the client is using the litigant in person's lack of legal knowledge to abuse the court process and split the claim, this I beilieve needs full documentation to prove any further sums owed are a contractual liability.

 

 

That should stop them messing you about.... other people will be on this thread later on.

[sillygirl1]

You can also add a bit that HFO Capital is a Cayman Island based company and cannot bring claims in a UK court, and that HFO Services is a subsidiary of that company using the UK as a base to bring spurious claims....

[googleria]

thanks for your help sillygirl.

 

i did receive phone calls from HFO but they did not send in credit agreement or details of what the debt was for exactly, this is the first bit of wrtten communication i have received.

 

So how should i respond to this claim form?

 

I presume i should disagree with the claim and complete the defence and counterclaim as: i dispute the full amount claimed.

 

do i need to send anything to HFO??

 

Once again thanks.

Edited July 18, 2010 by googleria

[googleria]

Thanks everyone for your help so far, Anymore advice will be greatly appreciated, I am just really worried.

[broken arrow]

As HFO Services are not the owner of the debt, they can not take you to court, the claim should be in the name of Capital

 

There are two HFO Capital,s, Cayman and Dublin.

 

I would also contact Barclaycard and find out when and who they sold the debt.

Edited July 19, 2010 by broken arrow
VJ is back

[googleria]

Is there a templated letter I can send to barclays and HFO?

[sillygirl1]

Have you gone online and entered that you want to dispute all of the amount owed, you need to do that first, then you get an additional 14 days (not calender days...) and then we can get a proper defence together and hammer this lot.

 

You should also now do a CPR31.14 letter to the solicitors involved, who is named as solicitors on the form?

[googleria]

Thanks sillygirl I'm really worked about this I don't want a ccj and I am dreading all this court action.

 

The solicitors are Turnbull Rutherford

[googleria]

do i contest jurisdiction? i presume not.

[googleria]

Please can someone kindly cast their expert eyes over this CPR 31.14 Request and let me know.

Turnbull Rotherford

6th floor highland house

165 the broadway

london

sw19 1ne

Dear Madam,

 

Re: HFO Capital Ltd -v- ME Case No. blah blah blah

 

CPR 31.14 Request

 

On 13th July 2010 I received the Claim Form in this case issued by you out of the Northampton county court.

I confirm having returned my acknowledgement of service to the court, in which I indicate my intention to contest all of your claim.

 

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of each of the following document mentioned in your Particulars of Claim:

 

1 The agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para7.3, 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 default notice

 

Although your claim is for a sum which is not more than £5,000.00 and will in all likelihood be allocated to the small claims track for determination upon my delivering a defence, at this moment in time I have not delivered my defence and the case has not been allocated to a track. In consequence the provisions of CPR 27(2) are of no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise.

 

You should ensure compliance with its 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, they will have a right to possession of that document if it has been mentioned 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 31.14 request.

 

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. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

 

If you are unable to comply with this request 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 this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, 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 do hope this will not be necessary and look forward to hearing from you.

 

Yours faithfully

 

[googleria]

Does this seem ok? Also when when acknowledging the claim Do I contest jurisdiction?

[sillygirl1]

You seem to have covered quite a few loopholes in the complaint. I think I would add a page with your estimated costs to date and let them know you will be copying the court in on ALL correspondence and any telephone calls (mention that all calls will be automatically recorded for evidence).

 

Once you contest the claim it is automatically transferred to your local court.

 

Well done for the letter, it puts the ball firmly back in TRs useless court - btw they are not all that far from me....

 

I would also copy in any correspondence from HFO or TR to the court as a matter of course once the claim has been transferred.

[googleria]

so does that i mean i should contest jurisdiction, so i should tick yes?

 

this is the notes it gives me

 

If you intend to contest jurisdiction this means that you believe that the court does not have authority to decide the outcome of the claim issued against you. 'Jurisdiction' does not relate to the geographical location of the court.

 

Sorry to be such a pain.

[sillygirl1]

I am not sure on that point, I usually leave it blank as it is automatically changed to your local court... as it says jurisdiction doesnt mean geographical location... I think it means whether it is a higher court or not...

[googleria]

Thank you i cant express how much of a help you have been i have never done this type of thing before. it is much appreciated.

[vjohn82]

I wonder if this is a job for the HFO Fan Club?

[googleria]

HFO fan club?? who is that?

[vjohn82]

HFO fan club?? who is that?

 

A select group of CAGGERS who seem to be the firm's worst nightmare

[googleria]

Oh ok, is there anyway of contacting them, i would really appreciate the help.

 

Thanks

[vjohn82]

Oh ok, is there anyway of contacting them, i would really appreciate the help.

 

Thanks

 

You already have ;-)