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HFO Services - Turnbulll Rutherford Solisitors - Claim Form

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Hello,

 

I've got a claim form from Northampton Court Bulk centre, claiming total amount of £290 including:l amount claimed £225, Court Fee £15.00, Solicitor's costs 50.00, if I don't pay them I will get a CCJ. But when I called them they said that owe them £900 on the top of this. They said they purchased my debt from City Bank - I had a credit card and have not being contacted in the last 2-3 years regarding this.

I spent few hours reading the posts in the Debt recovery forum and I am very impressed how many people are sympathetic and want to help.

I sent the letter requesting the credit agreement and the SAR letter to the original lender with recorded delivery including postal orders for £1 and £ 1,. also filled the ackgnowledgment form and sent it 1st class recorded delivery to the court. What I have to do now? What is the next step? Before the court. Before this Claim form from the court I got a 72hr notice of litigation letter stating that I owe them £900. Why they only claim a small amount ,being instalment areas' and is this right?

Thank you.

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First you must respond online and acknowledge the claim stating you intend to defend all of the claim. That gives you more time and you will get help on here to defend it. If they don't supply the CCA etc you then submit an embarassed defence due to not having sight of the documents the claim relies on.

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Hello,

also filled the ackgnowledgment form and sent it 1st class recorded delivery to the court. What I have to do now? What is the next step?

 

The CCA request will take time and the results of the SAR will take too long for your defense but could be useful later on, you have done the right thing so far.

 

The next step will be to send them a request under the civil procedures rules, CPR 31.1 to get all the required documents in time, including the CCA and Note of Assignment, basically all the documents they will rely upon in court. I will try to get an example up but it needs to be tailored to the POC of the claim. Can you scan the court documents with the Particulars of Claim (POC), remove your personal details and post it here? That will make it easier for people to help you.

 

Furthermore, you can use the same CPR document for their letter before action to force them to send the required documents.

 

There are a lot of issues with these people and many of their practices which are not above board. I am sure some of the "HFO experts" will help you as well, but you can check out these links:

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?276459-HFO-Services-Turnbulll-Rutherford-Solisitors-Claim-Form%281-Viewing%29-nbsp

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?273620-Turnball-Rutherford-Solicitors-%28HFO-Capitial-LTD%29-V-Me-Help-needed!!-%28Pics%29%283-Viewing%29-nbsp

 

The last link contain an example of the CPR letter you can send.


“We believe Capital One Law takes privilege over UK Law” – Sven Lagerberg – Capital One.

-----------------

By supplying ALL the documents WILL NOT answer your questions but by supplying a SELECTIVE few will. – Jayne Sheenan – HSBC

------------------

Separate requests with a fee should be made to ALL relevant Data Controllers in an organisation. - Jayne Sheenan – HSBC

------------------

Our t&c's overrides ICO guidelines when reporting to CRA's - Karon A Bullock - Capital One

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You can alos pm vjohn82, he likes to make them pay!


“We believe Capital One Law takes privilege over UK Law” – Sven Lagerberg – Capital One.

-----------------

By supplying ALL the documents WILL NOT answer your questions but by supplying a SELECTIVE few will. – Jayne Sheenan – HSBC

------------------

Separate requests with a fee should be made to ALL relevant Data Controllers in an organisation. - Jayne Sheenan – HSBC

------------------

Our t&c's overrides ICO guidelines when reporting to CRA's - Karon A Bullock - Capital One

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As you have acknowledged the claim, you will now have upto 14 days to submit a defence.


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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You'll then need to send a cpr31.14 request ( and possibly cpr part 18link3.gif ) to solicitors (Turnbull Rutherford?) to receive copies of the documents they will need to rely on in court (cca, default notice, notice of assignment etc). Something like this::

Your address

Date

Their address

Dear Sir/Madam,

 

Re: xxxxxxclaimant v xxxxxxDefendant Case No:Your Reference:

Original Acc No:

 

CPR 31.14 Request and Important information disclosed for the benefit of this case

 

On xxxxxxdate 2010 I received the Claim Form in this case issued by you out of the Northampton county courtlink3.gif.

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 documents which should have been attached to your Particulars of Claim according to CPR PD 16 paragraph 7.3,: Furthermore, I, the Defendant seeks the same pursuant to CPR 18.

 

(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.

 

(2) The default notice.

 

I require the default notice which should have been served under Section 87 of the Consumer Credit Act 1974 to enables you take further steps to recover any alleged debt.

 

(3) The Legal Assignment

 

 

You will appreciate that I require proof of a legal assignment of this account which has complied with The Law of Property Act 1925.

 

(4) Proof of the amount claimed

 

I require you to provide proof that any amount claimed by you client is lawfully owed and not based on the fiction that unlawful defaults and interestlink3.gif added onto an account constitute a balance owed by me.

You should ensure compliance with your 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, 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 versions to include an obligation to recover and preserve such versions 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.

 

This letter has been sent by recorded delivery ensure compliance within the timescale given. I look forward to hearing from you.

 

yours faithfully

xxxxxx

 

 


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Also have a look at this thread as the poster also has a 'split claim' like yourself

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?270445-HFO-Morgan-Stanley-Debt/page3

 

The advice is:

 

''Inform the court that they are splitting ther claim, which is not allowed, you CANNOT have an unspecified balance left on an agreement after a CCJ has been issued on it. It is a clear abuse of process and needs to be reported to the Court Manager immediately, backed up in writing.

 

They have really left themselves in a deep hole now. You also need to send those particulars of claim to the Solicitors Regulatory Authority as a complaint and to the Ministry of Justice, explaining it is a clear split claim and a total abuse of the system.

 

Then report to Trading Standards, the Information Commissioners Office and the OFT. ''

 

It would be advisable for you to do this also


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Hi coledog, can you click my scales as the post is now going 'round' the HFO forum, it is the only way to stop them changing the goalposts.

 

Splitting claims used to be a practice of Bryan Carters and he is notorious for slipping through the net, we can't let anyone else do this as it is illegal, and the more the Solicitors Regulatory Authority and the court system know about this the better.

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I have clicked the 'star' is that right? The scales appear to have gone.

 

There have been a number of cases with this 'claim for only part of the money' scenario and not sure the significance of this has been highlighted.


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Subbing


“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

If a Cagger helps you, click their star. Better still, make a donation however small, so that CAG can continue to help others.

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Letter HFO.jpg[/ATTACH]

Court Claim.jpg

Edited by Antares189

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Sorry the attachment doesn't look great I am having difficulties attaching it. Thank you for all your posts and advise. I will be back tomorrow.

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The split claim issue that 'Sillygirl' has raised looks like it is worth pursuing. What do others think?


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How would I submit a defence? Is it a special form and where I get it from?

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You download a defence form from Her Majesty's Court website and then get back to us......

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Have you got a template letter for splitting the charges? I just want to do it right.Thank you.

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No there is not one specifically, we are going to have to compose one. Along the lines that you have received a claim - details of claim. You are concerned that the claimant is only making a claim for part of the alleged debt leaving an unspecified balance. Perhaps Sillygirl has something?


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I am going to copy type what is in the claim, and then the letter:

'The claim is for monies under the interest bearing Credit Agreement regulated by the Consumer Credit Act 1974, which the Defendant entered into with 19/02/2008 on.

The claimant purchased the account and all rights&obligations attaching thereto from the original lender at 31/12/2007. Noti of assignment has been provided to the defendant. The claimant claims 225.00 in this action being instalment arrears due from the defendant under the agreement. In order to avoid any further action the defendant should contact the claimant's solicitor immediately on 0845 606 1560. quoting .... Failure to respond will result in County Court Judgement. On satisfaction of the claim and the costs there will be an unpaid balance to be paid by defendant currently accruing interest at rate 12% per annum.

The claimant believes that the facts in this claim are true and I am duly authorised by the claimant to sign this statement

signed TURNBULL RUTHERFORD

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With reference to this claim, you are concerned that there will be an unspecified balance left on the agreement should a CCJ be issued on it and understand that this is an abuse of the legal process. You request that this matter be investigated urgently and look forward to their prompt reply.

 

Send to the Court with copies to Ministry of Justice, OFT, Solicitors Reg body not sure, will have look back through thread.


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Copy to Solicitors Regulatory Authority, Ministry of Justice, Consumer Direct (to forward to trading standards), the Information Commissioners Office and the OFT with covering letter saying that you wish to complain about the behaviour of HFO and Turnbull Rutherford.


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My address...

 

29/07/2010

 

HFO Services Limited

PO Box 342

West Byfleet

Surrey KT14 6YX

 

Dear Mrs ....

 

72 HOUR NOTICE OF LITIGATION

 

Your account with Citicard

Your account N

HFO Case No

Amount owing: £ 956.08

 

It is with regret that we note, it has become clear to us as you are refusing to pay your debt. Our investigation into your account is now complete and we can confirm that your case has been qualified for litigation. You will see that the balance of your debt continues to increase.

 

You are now on a 72 hoursnotice of litigation. We should warn you that if we do not hear from you within 72 hours, your account will be passes to our solicitors for legal action. This will result in immediate increase in the balance of your debt because HFO's legal fees will be added to your debt/ You can avoid this by calling us immediately.

 

Once our solicitors have reviewed your case they will issue a claim form against you in the County Court. The cost of the litigation will be added to your account and: this includes court fees, accrued interest and further solicitor's cost. When we have obtained a County Court Judgement against you, the cost of enforcing our judgement enforcing our Judgement will be added to your debt. Your should seek advise from your own solicitor if you are in any doubt as to the the seriousness of your situation. Your solicitor also will also be able to explain to you that we can enforce our judgement against your income and any assets you may have. You may refer to the attached information leaflet from 'Her Majesty's Court Service' which highlights legal consequentness in the event of non payment of your debt.

We hope that the above is clear and you can see how your continuing failure to contact us is costing you a significant amount of money. You can put a stop to all of this by calling me on 0203 024 9630 within the next 72 hours.

 

Yours faithfully

................

HFO Services Limited

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What I have to do first - file a defence or send a cpr31.14 request? Or can I do both of them at the same time?

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Is the defence form N9B

Form Title:

Defence / counterclaim (specified amount).

Last Modified:

April 2008

Form url :

n9b.pdf - that's what I found online, there are different forms there, thank you

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Send CPR request by recorded delivery.

 

You don't need to enter a defence yet - just acknowledge the claim on line.


At your Service

 

Please Double click the Star and leave a message if I have helped you

 

Please support CAG and they will support you.

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OK, will send the cpr31.14 request and I have to think about how to complain that they split the amount in the claim, thank you

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