Jump to content


Turnball Rutherford Solicitors (HFO Capitial LTD) V Me...Help needed!! (Pics)


Gixxer UK
 Share

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4015 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi, Right this ones a bit long winded! I out of the blue and for nearly over 4.5 years receive a letter (15-7-10) from Turnball Rutherford Solicitors (HFO) stating that legal proceedings would be taken etc. So I did the stupid thing and just wished it away in my head...anyway they then send a CC Claim form from wandsworth CC for £483.94 plus costs....

 

I then jumped straight onto this forum (as its helped me CCA Arrow global already!! Thank You). I then have read various threads and worked out roughly what I needed to do so I sent the CPR 31.14 request to them asking for all the details they didn't provide with the particulars of the claim etc..

 

Mr xxxxxxx

 

 

 

Turnbull Rutherford Solicitors

165 The Broadway

Wimbledon

SW19 1NE

 

 

Date: 11/8/10

 

Your Ref: MN/C0000868

Dear Sirs,

 

Re: HFO Capital v xxxxxxxxxxx No:OUC01xxx

CPR 31.14 Request

 

On 10/08/2010 I received the Claim Form in this case issued by you out of the Wandsworth County Court.

 

I confirm having returned my acknowledgment of service to the court in which I indicate my intention to contest part 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 the document’s 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 paragraph 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.If you intend to send a reconstituted copy of the Consumer Credit Agreement, you must declare the reason why it has been reconstituted and if the original exists and in what form (microfiche) etc.

 

2 the assignment

 

3 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 your CPR 31 duties and ensure that the document’s 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 31.14 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

 

XXXXXXXXXXXXXX

XXXXXXXXXXXXXX

 

Mr x

 

 

 

So I sent off my CC papers with my defence(one I copied and amended from this forum) attached to them ( I think this was right??).

 

Now this morning I have received the what I think is the application form with my signature next to some fuzzy mess?? Also they attached the terms and conditions, and they to are impossible to read along with a default letter dated 14-7-10?? when the original default was in 2005/6? and then there is the assignment notice..not to sure on this one but I am sure someone will help out....I have attached links of the piccies to my sad tale as this always helps no end! Thanks!!

 

th_supercloseupsignature2.jpg

 

th_phantomdefaultnotice.jpg

 

th_noticeofassignment.jpg

 

th_fuzzyterms.jpg

 

th_closeupsignature1.jpg

 

th_barcleysapplication.jpg

 

th_termscopyfp.jpg

 

:p

Edited by Gixxer UK
pic issues!
Link to post
Share on other sites

Can't see the pics but if it is just a pre-approved application form they are stuffed, and why wait 4.5 years before chasing? That should also go as part of an amended defence, query the date between alleged debt purchase and chasing, it is wrong.

 

Until we see the pics we can't help.

Link to post
Share on other sites

That NoA kills them straight away, 2006 HFO Capital was based in the Cayman Islands and I thought they were learning a little bit.

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

Link to post
Share on other sites

You could,nt make it up but they have, do you have the envelope the NoA came in I bet it is stamped SW19....

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

Link to post
Share on other sites

Correct it was stamped attached to there "official" turnbull and rutherford solicitors letter!! along with the default notice dated 14-7-10..so thats not an orginal either?? What do you think about the CCA (if it is one)?? thanks for putting me towards that other thread to Broken Arrow!! I am just printing off a DPA letter now to send to BC....

Link to post
Share on other sites

Hi VJ & BA and welcoe to the HFO fan club Gixxer.

 

I too thought HFO had learnt a few lessons but clearly not. The letter allegedly from Barclaycard is from HFO but they argue that they (HFO) have Barclaycard's permission to send the letter or Notice of Assignment [NOA] to you. That may be but this time it is possible to prove Barclaycard could not have sent it nor approved its sending. The reason is simply that the Irish company, HFO Capital Ltd, was not incorporated until 18 September 2007, nearly a year after it allegedly bought the debt from Barclaycard. You can download full details of the Irish company from the Companies Registration Office - www.cro.ie - and for the outrageous sum of 3.50 Euros, get a full print out.

I suggest that your defence is a straight denial on the grounds that the claim is based on a forged document and is thus a criminal offence under the Fraud Act 2006. I would also make formal complaints to the Office of Fair Trading, Mitcham Trading Standards Department, the Solicitors Regulation Authority ( Turnem and Ractett are all part of the same HFO outfit), the Financial Services Authority (to look at Barclays involvement for not taking adequate measures to prevent financial crime) and of course your local fraud squad.

Alice, or Mr T, if you are looking in, I suggest a swift Notice of Discontinuance is in order along with a P45 to the half brain who is dealing with this case.

Arrow Global/MBNA - Discontinued and paid costs

HFO/Morgan Stanley (Barclays) - Discontinued and paid costs

HSBC - Discontinued and paid costs

Nationwide - Ran for cover of stay pending OFT case 3 yrs ago

RBS/Mint - Nothing for 4 yrs after S78 request

Link to post
Share on other sites

Ok just got the registered company info (all printed after the fee)..indeed completely correct the company didn't exsist (offically) until 18-09-07......

 

Amended defence is now being typed....hold on to your hats its gonna be a wild ride!! :) again I can't thank you guys enough!! beers all round!!

 

And Mr M N...you numpty....oops....I let slip...

Link to post
Share on other sites

same here Gixxer, although mine's cutting it a bit finer, but the NOA definitely states it they were sold the debt FIVE DAYS before they were legally registered to purchase it. Am I in the same boat as Gixxer everyone? do I have the same defence?

 

http://i991.photobucket.com/albums/af34/gazz007/NOA.jpg

 

how do I add the image on here anyone? I tried but it didn't work properly so it could be read

Link to post
Share on other sites

 Share

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...