HFO/Turnball Rutherford V's HF whO? - Court Claim Form Received!

[HF whO?]

Despite there being no response to my CCA request and the account since entering into Default I am now in receipt of a Claim Form from the CCBC dated 19th August 2010.

 

I am happy that evidence from my SAR to HBOS proves that HFO have zero claim to the debt that claim they have a right to and could do with assistance in filling out my defence form.

 

This situation appears to be very similar to those documented in VJ's Barclaycard/HFO thread.

 

PS VJ, your message box is full;)

 

Any help would be much appreciated.

 

 

[Docman]

Hi

 

I must say I find this N1 claim form so badly worded as to be laughable. Are they trying toscare you or something?

 

Seriously, would it be an idea to ask the mos to move your thread from Debt Collections forum into Leagl issues.

 

Doc

[sillygirl1]

They CANNOT split the claim, the reply to this should be along the lines of

The POC is vague and poorly particularlised and does not give any just reason why an amount should be left over after payment of the arrears. It seems to be a clear attempt to split a claim and therefore needs to be dismissed under CPR.... (not sure of the no here

Edited August 27, 2010 by sillygirl1

[HF whO?]

As a result of my DSAR and a confirmation letter being sent from HBOS I am more than happy to defend the claim.

 

My thoughts are that the small amount displayed on the claim form and the removal of the juicy amount gives the impression that a huge mistake has been made on their behalf and urge a very prompt payment to be made giving the impression that is the end of it but in fact by making that small payment admission of the whole alleged amount has just been admitted.

 

Perhaps I'm totally wrong but it always pays to look more closely as I have learnt on here;)

 

Besides, they do not own the debt!!!!

[sillygirl1]

Your assumption is spot on, by paying the £225 you will have 'reset the clock' on the Statute of Limitations and admitted liability for the alleged debt.

 

I think you need to get a copy of those POCs to the Ministry of Justice ASAP and ask for their help in getting this dubious claim stopped asap, they seem to have some teeth to help get these abuses stopped.

Edited August 27, 2010 by sillygirl1
Got sum wrong...

[HF whO?]

Your assumption is spot on, by paying the £225 you will have 'reset the clock' on the Statute of Limitations and admitted liability for the alleged debt.

 

I think you need to get a copy of those POCs to the Ministry of Justice ASAP and ask for their help in getting this dubious claim stopped asap, they seem to have some teeth to help get these abuses stopped.

 

Thank You sillygirl1 for always helpful posts,

 

What is the best way of contacting the ministry of justice please?

 

Kind Regards

 

HF whO?

[HF whO?]

What is the best way of contacting the ministry of justice please?

 

A quick google search has revealed these contact details so I guess this is where I start http://www.justice.gov.uk/contactus.htm

[broken arrow]

Was this one where HBOS sold to Roxburghe

[HF whO?]

Was this one where HBOS sold to Roxburghe

 

That is correct broken arrow

[broken arrow]

They love screwing up, the claimant on the claim form is HFO Capital, stating an address where they are not registered, they are based in Dublin, yet in the POC the Claimant is HFO Services a completely different company and to top it off neither bought the debt, do you have a copy of the NoA.

[HF whO?]

No Notice of Assignment has ever been issued to date but I suppose they may still be waiting for the ink to dry;)

 

[HF whO?]

They obviously go by so many different names that they themselves get confused who they actually are lol

[HF whO?]

Congratulations HFO Services!

 

Today I have received a copy of a Consumer Credit Agreement that I had requested back on the 16th June 2010 (signed for by HFO on the 18th).

 

Better late than never;)

 

Question is HFO, since you did not actually purchase this debt from the OC, as you claim, where on earth have you found such sensitive data???

[HF whO?]

This is a very poor copy

 

[mwf1982]

how do i crate a new thread ?

 

any ideas please

[HF whO?]

how do i crate a new thread ?

 

any ideas please

 

First find the relevant forum, then once you have clicked on it you will usually find forum announcements and sticky threads associated with that forum... between announcements and the sticky threads you will see POST NEW or something similar.... Click on that and off you go

[HF whO?]

how do i crate a new thread ?

 

any ideas please

 

First find the relevant forum, then once you have clicked on it you will usually find forum announcements and sticky threads associated with that forum... between announcements and the sticky threads you will see POST NEW or something similar.... Click on that and off you go

 

I see that you found my post useful???

 

Back on topic then I guess

[HF whO?]

Here is my plan, unless anyone can inform me differently?

 

Using the online service I am going to respond to the claim by sending the acknowledgement of service because I disagree with the claim. I will then need to send my defence to the court to arrive no later than 28 days from the date of service.

 

19th August (date issued) + Day of service (5 days) + 28 days = 16th September by my calculations?

 

"The day of service is taken as 5 days after the issue date shown overleaf"

 

Is there anything else that anyone thinks I should do???

[broken arrow]

You have 14 days to acknowledge the claim after service and upto a further 14 days to submit a defence.I would acknowledge today.

[HF whO?]

You have 14 days to acknowledge the claim after service and upto a further 14 days to submit a defence.I would acknowledge today.

 

Already done

[HF whO?]

That system is FAR TOO EASY!

 

My guess is that this service is being used to make all the HFO victims feel threatened and think that the case IS going to Court but the truth is, they are IN MY OPINION relying on the victim not knowing their rights, not knowing all of their details and more than likely IGNORING the claim or totally missing the date which enables HFO to obtain judgement s that they may well not be entitled to!

 

I tell you, I'm not missing these dates for anything. They can prove that they acquired the debt from HBOS like they said they did because I have proof that they did not!

 

See you in court HFO!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

Edited September 2, 2010 by HF whO?
more appropriate wording

[HF whO?]

Look what turned up out of the blue?

 

Never requested this and yet over two years late it turns up in my letterbox.

 

Very interesting indeed and now the question is HFO, can you back this up with hard evidence because I am 100% sure that this is not genuine. I guess time will prove me right or wrong.

 

 

[broken arrow]

HFO Capital Dublin were not registered as a data processor until the 8th August 2008.I would also be trying to contact Mr Ballantine.

[HF whO?]

HFO Capital Dublin were not registered as a data processor until the 8th August 2008.I would also be trying to contact Mr Ballantine.

 

Thank You BA for your quick response.

 

I will be exhausting every option of getting to the bottom of this one.

 

I'm surprised VJ hasn't been along? This iirc is almost a mirror image of what happened with regards to his barclays issue.

 

I appreciate your input as always BA.

 

Many Thanks

 

HF whO?

[broken arrow]

No Notice of Assignment has ever been issued to date but I suppose they may still be waiting for the ink to dry;)

 

That is slow drying ink.........