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HFO advice needed

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I mentioned this elsewhere but not getting much response, so apologies if I was posting in the wrong place,

 

I live and work abroad. About a month ago, HFO Services sent a letter to my parents' address (where I registered on the Electoral Roll as an overseas voter for the General Election) claiming that I owed £1298.62 for an old Barclaycard debt. Looking at my credit reports, the debt is listed as being £877 with a default date of 07/07/2006. I had not made any payments or acknowledged the debt since at least 2005 (for some reason, the credit report only gives information for 2006 - nothing before or after - so I can't see when I last made a payment, so not sure if it's statute barred or not. My feeling is that I'm pretty close to the 6-year limit, but I have no evidence for this!).

 

I sent them a template letter from the MSE forums asking them to either prove the debt or cease pursuing me for it. I recieved no reply to that letter. However, I then recieved court claim papers from the Northampton Bulk Processing Centre, issued August 3rd, in the name of HFO Capital. The claim is only for £225 plus costs - and it claims that I defaulted on the debt on 12/01/2007.

 

Could someone please confirm that the right thing for me to do now is to :

 

1 - Submit Acknowledgement of Service via Moneyclaim online and request an extension to 28 days to file a defence;

2 - send a formal CPR 31.14 request to HFO demanding all information and records they hold about the alleged debt and original copies of all documents

3 - Submit an 'Embarrassed Defence' within 28 days which makes the point that I cannot fully defend myself until HFO have complied with the CPR request, and requesting permission to submit an updated defence when that information is recieved

 

Is this the correct procedure? Will a judge then put a hold on the claim until I recieve the CPR31.14 information?

 

Thanks

 

Andy

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Can you post up POC

Have you received notice of assignment

It will be worth a SAR to Barclaycard to find out to who and when the debt was sold.


US President Barack Obama referred to Ugland House as the biggest building in the world or the biggest tax SCA* in the world.

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Here's the POC. Note the claimant is clearly stated to be HFO Capital; yet lower down in the text it says that the claimant is HFO Services...

 

I've never recieved a notice of assignment - however, I've been working abroad for the last three years, so it's possible that it was sent and lost or sent to an old address.

 

HFO POC image.jpg

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Ok that's completely unreadable thanks to the attachment thing on here deciding to reduce the file size of its own accord :mad:

 

Hopefully this will be better

 

HFO POC info.doc

 

I'd rather have it display in the message but I cant for the life of me understand how to do that!

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The address on the claim form for Capital is wrong, they are now an Irish company, based in Dublin, there is no HFO Capital registered in the UK with companies House. If they take you to court I have written evidence from them and signed that only one company can bring legal action.

 

My claim from them stated both companies and they had to apply to ammend the claim form.


US President Barack Obama referred to Ugland House as the biggest building in the world or the biggest tax SCA* in the world.

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Thanks! that thread is very useful!

 

So does that mean that as it stands, their claim is invalid, as the claimant is not registered with companies House? Obviously they could claim a clerical error and amend it I guess, but at present my first point of defence would be that the claimant has no legal right to make a claim of this nature in a UK court? Or am I missing the point?

 

Thanks!

 

Andy

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Thanks! that thread is very useful!

 

So does that mean that as it stands, their claim is invalid, as the claimant is not registered with companies House? Obviously they could claim a clerical error and amend it I guess, but at present my first point of defence would be that the claimant has no legal right to make a claim of this nature in a UK court? Or am I missing the point?

 

Thanks!

 

Andy

Yes and you are unsure who the claimant is, as the form states HFO Capital, which is Dublin based and HFO Services which is a separate company.


US President Barack Obama referred to Ugland House as the biggest building in the world or the biggest tax SCA* in the world.

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OK thanks - That's good news to start with!

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hence the reason to SAR BARCLAYS to find out who the debt was sold to or asigned to is the asignment equitable or what ? include these questions and also ask for all screenprintout,and all data to be in a format you can understand

otherwise barclays will send it out in a hap hazard format that is difficult to understand


http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

 

 

 

Advice & opinions given by patrickq1 are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional

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http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

 

 

 

Advice & opinions given by patrickq1 are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional

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Just a quick update - I've sent HFO a Part 18 request and another letter telling them I'm not in the country and they need to update their address information, and that I don't believe they have grounds to claim. Thanks to all who've helped so far, particularly vjohn82, Broken Arrow and Patrickq1 - Your help and support is much appreciated!

 

Andy

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HFO don't really care much how they get there money, but with the help from this site you can defend yourself far better than they can....

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HFO have recieved the Part 18 request and the letter telling them once again to update their records to show that I live out of the country... Court have the Acknowledgement of Service form, I have until the 29th to mount a defence, so let's see what HFO do with it now... completely ignore it, is my prediction...

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HFO have recieved the Part 18 request and the letter telling them once again to update their records to show that I live out of the country... Court have the Acknowledgement of Service form, I have until the 29th to mount a defence, so let's see what HFO do with it now... completely ignore it, is my prediction...

 

I am sure they will make something up to send to you........


US President Barack Obama referred to Ugland House as the biggest building in the world or the biggest tax SCA* in the world.

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Hi there, I hope you're all well and enjoying the summer,

 

Just a quick question about what I should do next with HFO.

 

I need to submit a defence to the court this weekend as it'll be two weeks on Monday since I filed the acknowledgement of service. I also informed them that I'm living abroad and they should send any correspondence to my address in Korea.

 

I wrote to HFO with a Part 18 request and with a letter telling them yet again that I don't live in the UK.

 

So far I've heard nothing whatsoever from either HFO or the Court, to either my address here, or sent to my parents' address.

 

I plan to phone Northampton tomorrow to check the status of the claim, but what do I need to submit as a defence? I guess an Embarrassed defence as HFO haven't sent me the info I need to properly defend myself? Are there any templates or anything for this?

 

Thanks!

 

Andy

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US President Barack Obama referred to Ugland House as the biggest building in the world or the biggest tax SCA* in the world.

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Hi,

 

Could somebody take a look at this and tell me if it's OK to submit to the court as a defence?

 

It's basically an edited version of a couple of other similar defences I've found posted here, with an additional paragraph pointing out that I live abroad and HFO served the claim to an incorrect address...

 

Case : HFO Capital Ltd v XXXXXXXXXXXX

Case Number : XXXXXXXXXX in the Northampton County Court.

 

Statement of Defence

1. I, xxxx of xxxxx make this statement as my defence to the claim brought by HFO Capital Ltd of Roxburghe House, Lavendar Park Road, West Byfleet, Surrey KT14 6YZ.

 

2. Except where otherwise mentioned in this defence, I neither admit nor deny any allegation made in the claimants Particulars of Claim and put the claimant to strict proof thereof.

 

3. The Defendant is embarrassed in pleading to the Particulars of Claim as it stands at present, inter alia: -

 

4. The address to which the claim was served by the claimant is incorrect. It is the defendant’s former address, at which the defendant no longer resides and has no financial connection to. The defendant does not live or work in the UK, nor does the defendant possess any assets there. The Claimant has previously been made aware of this.

 

5. The particulars of claim discloses no cause of action and are self evidently an abuse of process, in that they fail to deal with the basic rules of pleading in accordance with the CPR (even allowing for the constraints of the bulk issue system).

 

a) The Particulars of Claim are vague and insufficient and do not disclose an adequate statement of facts relating to or proceeding the alleged cause of action.

 

b) No particulars are offered in relation to the nature of the written agreement referred to, the method the claimant calculated any outstanding sums due, or any default notices issued or any other matters necessary to substantiate the claimant's claim.

 

c) A copy of the purported written agreement that the claimant cites in the Particulars of Claim, and which appears to form the basis upon which these proceedings have been brought, has not been served attached to the claim form.

 

d) A copy of any evidence of both the scope and nature of any default, and proof of any amount outstanding on the alleged accounts, has not been served attached to the claim form.

 

e) The defendant has at no point received notice of assignment of the claim from the original creditor to the claimant, and despite written requests for such notice, none has been forthcoming.

 

6. No documents supporting the claims in the particulars have been offered and despite a request to the claimant for further information CPR Part 18, dated xx/xx/xxxx and sent by recorded delivery, none has been forthcoming. As a result I cannot plead in defence to the claim.

 

7. Without clarification of the claimant’s claim, the defendant is extremely disadvantaged and the claimant’s claim appears without merit. The defendant therefore respectfully asks to be allowed to submit a fully particularised defence should the claimant provide copies of the original documents he will rely upon.

 

Statement of Truth

 

I believe the above to be a true and factual statement.

 

Signed

 

Dated

 

Thanks,

 

Andy

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It might be worth also pointing out your also unsure who the claimant is, as they also state HFO Services as the claimant in the POC.


US President Barack Obama referred to Ugland House as the biggest building in the world or the biggest tax SCA* in the world.

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Great - Thanks BA! I'll add this as point E then, right before the paragraph about the lack of assignment notice, and move everything else down one :

 

The defendant is confused as to the identity of the claimant. The Claimant is named on the Particulars of Claim as HFO Capital Ltd of Roxburghe House, Lavendar Park Road, West Byfleet, Surrey KT14 6YZ. However, the text of the Particulars of Claim refers to "The Claimant HFO Services Ltd". The defendant would respectfully suggest that as the claimant appears to be unsure of their own identity, they by extension cannot be certain of their ownership of the alleged debt. Their claim would therefore appear to be without merit.

 

Does that look OK? or am I pushing it a bit too much...?

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I think it is a bit of a red herring myself and several people have had judges comment on the Capital/Services company names. It would be worth checking on Companies House to see if HFO Capital ARE registered in England as one time they were registered in the Cayman Islands and that was good enough to have the case against them (HFO Capital) thrown out of court.

 

As you do not live in the UK you still have a very good chance of this being thrown out especially as you can provide proof to HFO (put those letters in as appendices and mark them in the text as Appendix A, B etc

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Great - Thanks BA! I'll add this as point E then, right before the paragraph about the lack of assignment notice, and move everything else down one :

 

The defendant is confused as to the identity of the claimant. The Claimant is named on the Particulars of Claim as HFO Capital Ltd of Roxburghe House, Lavendar Park Road, West Byfleet, Surrey KT14 6YZ. However, the text of the Particulars of Claim refers to "The Claimant HFO Services Ltd". The defendant would respectfully suggest that as the claimant appears to be unsure of their own identity, they by extension cannot be certain of their ownership of the alleged debt. Their claim would therefore appear to be without merit.

 

Does that look OK? or am I pushing it a bit too much...?

 

Yes OK to me, I had the opposite when they made their claim against me, HFO Services as the claimant, HFO Capital in the POC, before the hearing they made an application to change the Claimant to HFO Capital, but their WS was the opposite, so they got judgement under Services, I then got it set aside for wrong claimant entered on judgement order, they then chose to discontinue.


US President Barack Obama referred to Ugland House as the biggest building in the world or the biggest tax SCA* in the world.

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I think it is a bit of a red herring myself and several people have had judges comment on the Capital/Services company names. It would be worth checking on Companies House to see if HFO Capital ARE registered in England as one time they were registered in the Cayman Islands and that was good enough to have the case against them (HFO Capital) thrown out of court.

 

As you do not live in the UK you still have a very good chance of this being thrown out especially as you can provide proof to HFO (put those letters in as appendices and mark them in the text as Appendix A, B etc

 

 

Last time I checked they were not registered in UK, just Dublin.


US President Barack Obama referred to Ugland House as the biggest building in the world or the biggest tax SCA* in the world.

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Just checked Companies house no HFO Capital registered in UK.


US President Barack Obama referred to Ugland House as the biggest building in the world or the biggest tax SCA* in the world.

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Fantastic - Thanks, I'll add that point to the defence then - So it now looks like this :

 

The defendant is confused as to the identity of the claimant. The Claimant is named on the Particulars of Claim as HFO Capital Ltd of Roxburghe House, Lavendar Park Road, West Byfleet, Surrey KT14 6YZ. However, the text of the Particulars of Claim refers to "The Claimant HFO Services Ltd". As HFO Capital Ltd. are to the best of the defendant's knowledge not registered with Companies House in the UK, and as the Claimant appears to be unsure of their own identity and by extension cannot be certain of their ownership of the alleged debt, the defendant would respectfully suggest that their claim would therefore appear to be without merit.

 

That sound OK?

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