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    • Back in September my husband was at home with our 2 year old son and 5 months old puppy when suddenly a DPD driver walked into our property.  We live on a main road and the front door was wide open while he tried to take a picture of the goods inside.  My husband was shocked and furious which is understandable as open doors, main roads, puppies and toddlers don’t mix.  At the time we had a man in servicing the boiler so the front door was not locked.   My husband shouted at the guy to get out and the rude driver persisted with his attempted to picture  the package in the hallway even calling my husband “white boy” and telling him to shut up.  My husband ushered him out of the house and shut the door.  He immediately called the local DPD depot and raised a complaint to be told that someone would call him back.  This call never came.  We did not pursue this as no harm had to come anyone and DPD were obviously not interested.   Fast forward a few months and I was expecting a coin from the Royal Mint for the value of around £750.  The tracking on the delivery of this stated that coin had been delivered, then it said it had been delivered to number 2 (we are number 18).  Calling over and over again I was never supported by DPD as to where my package was.  The Royal Mint was informed it was delivered and I was invoiced £750 for the coin.  Try as I might to have this invoice removed from my name they would not budge as DPD said it was delivered.  It nearly got to court proceedings before the coin eventually landed back at the Royal Mint.  After that debacle I was frustrated, rejected another coin being sent and left it at that.   Again we move forward a few months and I am now expecting some gardening tools to be delivered that ordered from Amazon.  I had no details of the delivery but then I get an email from the seller advising me the items are on their way to them and I will get a refund.  I check the tracking information and once again DPD have returned the items. I thought this was odd but calling through to DPD offered no input as to why and they just told me to order them again.   A week later I take out a new contract with Sky for a mobile phone and on the morning I am due to get the delivery from DPD the goods are sent straight back to sky.  I was so puzzled at this point so I call DPD and ask them why. They inform me that there is no name on the parcel and due to the value of the goods there has to be a name.  I literally spend all day on the phone to sky speaking to various departments trying to get a new phone but they all inform me that I have to have a new order which means a new credit check.   I hate this idea because one credit check knocks your score by hundreds of points and takes months to build back up.  In the end they say they can send a new phone and to my relief they dispatch that night.   The next morning I wake to a message to say the phone had been shipped but was rejected by DPD and sent back to Sky.  I called DPD and was told they can’t tell me why and I must speak to sky.  I speak to sky and they tell me I have to speak to DPD.  My frustration is working overtime at this point and I have nowhere to go.   I remember I have a contact through work of someone at DPD who was trying to get my company to use DPD’s services.  She was incredibly helpful and confirms that my property has been blacklisted because the driver feels unsafe!!!  He feels unsafe!!!  He was the one who entered my home yet he feels unsafe???  My contact passes on my details to the exec helpdesk who proceeds to tell me that they are very sorry that all of this happened, they have retrained the driver however they will not remove the ban on deliveries to my property.  I ask why I cannot collect from a local drop box or shop but am informed they do not offer this service (although this is a service they promote as it saves the environment).  They say my complaint was called back but we didn’t answer however this is not correct as no call was ever received.    To make matters comical is that the same driver deliveries to my husbands place of work and he collects/delivers regularly.  He doesn’t even recognise him let alone feel threatened by him.  The exec helpdesk have said sorry for their lack of transparency on the blacklist of the address and for the bogus reasons for rejecting my parcels.  They have said sorry for not following up the call more than once and they have said sorry that delivering to drop boxes and shops is not something which they do.   They seem to be very sorry for a lot of things but it does not help me fix this issue and it impacts any further online shopping as I must now always establish who the courier is before placing orders….which is quite a difficult thing to do!   Where do I stand with this because I still don’t know what the driver is even saying happened as nobody will divulge this.  They seems to have closed ranks and are taking the drivers word as gospel over the version of events which we are not able to defend.   The lies they have told so far to me and their customers (Amazon, Royal Mint, Sky) about the bogus return reasons shows they are not a truthful company. Back in September my husband was at home with our 2 year old son and 5 months old puppy when suddenly a DPD driver walked into our property.  We live on a main road and the front door was wide open while he tried to take a picture of the goods inside.  My husband was shocked and furious which is understandable as open doors, main roads, puppies and toddlers don’t mix.  At the time we had a man in servicing the boiler so the front door was not locked.   My husband shouted at the guy to get out and the rude driver persisted with his attempted to picture  the package in the hallway even calling my husband “white boy” and telling him to shut up.  My husband ushered him out of the house and shut the door.  He immediately called the local DPD depot and raised a complaint to be told that someone would call him back.  This call never came.  We did not pursue this as no harm had to come anyone and DPD were obviously not interested.   Fast forward a few months and I was expecting a coin from the Royal Mint for the value of around £750.  The tracking on the delivery of this stated that coin had been delivered, then it said it had been delivered to number 2 (we are number 18).  Calling over and over again I was never supported by DPD as to where my package was.  The Royal Mint was informed it was delivered and I was invoiced £750 for the coin.  Try as I might to have this invoice removed from my name they would not budge as DPD said it was delivered.  It nearly got to court proceedings before the coin eventually landed back at the Royal Mint.  After that debacle I was frustrated, rejected another coin being sent and left it at that.   Again we move forward a few months and I am now expecting some gardening tools to be delivered that ordered from Amazon.  I had no details of the delivery but then I get an email from the seller advising me the items are on their way to them and I will get a refund.  I check the tracking information and once again DPD have returned the items. I thought this was odd but calling through to DPD offered no input as to why and they just told me to order them again.   A week later I take out a new contract with Sky for a mobile phone and on the morning I am due to get the delivery from DPD the goods are sent straight back to sky.  I was so puzzled at this point so I call DPD and ask them why. They inform me that there is no name on the parcel and due to the value of the goods there has to be a name.  I literally spend all day on the phone to sky speaking to various departments trying to get a new phone but they all inform me that I have to have a new order which means a new credit check.   I hate this idea because one credit check knocks your score by hundreds of points and takes months to build back up.  In the end they say they can send a new phone and to my relief they dispatch that night.   The next morning I wake to a message to say the phone had been shipped but was rejected by DPD and sent back to Sky.  I called DPD and was told they can’t tell me why and I must speak to sky.  I speak to sky and they tell me I have to speak to DPD.  My frustration is working overtime at this point and I have nowhere to go.   I remember I have a contact through work of someone at DPD who was trying to get my company to use DPD’s services.  She was incredibly helpful and confirms that my property has been blacklisted because the driver feels unsafe!!!  He feels unsafe!!!  He was the one who entered my home yet he feels unsafe???  My contact passes on my details to the exec helpdesk who proceeds to tell me that they are very sorry that all of this happened, they have retrained the driver however they will not remove the ban on deliveries to my property.  I ask why I cannot collect from a local drop box or shop but am informed they do not offer this service (although this is a service they promote as it saves the environment).  They say my complaint was called back but we didn’t answer however this is not correct as no call was ever received.    To make matters comical is that the same driver deliveries to my husbands place of work and he collects/delivers regularly.  He doesn’t even recognise him let alone feel threatened by him.  The exec helpdesk have said sorry for their lack of transparency on the blacklist of the address and for the bogus reasons for rejecting my parcels.  They have said sorry for not following up the call more than once and they have said sorry that delivering to drop boxes and shops is not something which they do.   They seem to be very sorry for a lot of things but it does not help me fix this issue and it impacts any further online shopping as I must now always establish who the courier is before placing orders….which is quite a difficult thing to do!   Where do I stand with this because I still don’t know what the driver is even saying happened as nobody will divulge this.  They seems to have closed ranks and are taking the drivers word as gospel over the version of events which we are not able to defend.   The lies they have told so far to me and their customers (Amazon, Royal Mint, Sky) about the bogus return reasons shows they are not a truthful company.   How are they able to blacklist and not tell anybody and lie to everyone involved as to why.   If anyone else needs to complain to DPD use the following email address: [email protected] 
    • Given they have presumably done this work for other properties, hopefully your complaint will now make them take you seriously and put you at the head of the queue.   If that fails and you do have to threaten or take legal action, given what you have - paper trail, promises by them to do the work at various dates, acceptance by them of their responsibility - I think you're in a great position.  You've gone the right way about this.   Let's do this.  Wait till Thursday.  Then come back here and if you've had no joy we can think about a Letter of Claim.  Legally there are various timescales which may or may not include giving them a final chance to complete the work before you do it yourself and sue them - I'm afraid I only have the vaguest knowledge of these but on Thursday we can "call in" Caggers who have years of experience with problems like yours.    Very good idea of yours to get quotes for how much it will cost to do the work.
    • Update of this Court Case  Good afternoon   I can confirm that the initial breach occurred on 28 October 2016, as outlined in the attached Witness Statement.   I have also attached all of the Witness Statements issued in relation to your case.   It is our position that your defence does not raise any grounds with reasonable prospect of successfully defending the Claim and there is no good reason why the matter should be disposed of at trial. As such we would be prepared to offer you an arrangement under a Tomlin Order for repayment of the outstanding balance at an affordable amount.   If you would like us to draft a Tomlin Order, please confirm your offer of repayment by return.     ****The court case is scheduled for July*** this does not seem correct in terms of dates to me with regards to initial breach?    I  have not signed any paperwork received a default and they have conceded they did not contact me for two years after the sale. Should I send them a CPR request now?    The court costs they have now added for themselves are over £1.5k and the original debt they say was £2.3K.     
    • Standard defence. Wait for the directions questionnaire and keep on doing the reading about insurance requirements and how unfair and unenforceable they are
    • Received defence letter today (attached) J7QZ30D9 DEFENCE.pdf
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Northampton CCBC claim from HFO Capital Ltd


SP500
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Hi all, new here,

 

My wife received Northampton CCBC claim form dated Sept 3rd a few days ago which led me to do some research.

Hoping you guys/girls can help out since reading here there's similarities with cases you've come across previously.

 

The claimant is HFO Capital Ltd, and their solicitors are Turnbull Rutherford.

The claim is for an amount of £290 being made up of £225 claimed + £15 court fee + £50 solicitor's costs

This will already strike a chord with some here!

 

Here's the PoC:

 

The Claim is for monies due under an interest bearing Credit Agreement regulated by the Consumer Credit Act 1974, which the defendant entered into with on .

The Claimant purchased the account and all rights and obligations attaching thereto from the original lender on 30 June 2007. Notice of assignment has been

provided to the defendant.

The Claimant claims 225.00 in the 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 XXXX XXX XXXX, quoting XXXXXXXX. Failure to respond will result in a County Court Judgement.

On satisfaction of the claim and the costs there will be an unpaid balance to be paid by the defendant, this is currently accuring interest at the rate of 12% per annum.

_________________________________________________

The missing particulars are actually missing on the form. The numbers in red are my edits.

 

My research here tells me she needs to acknowledge service asap and send off CPR 31.14 request?

 

My wife's case was issued in her maiden name and I was wondering if, when she sends her CPR 31.14 request in her current (married) name, they (TR) will find it a reason to delay reply. Is it enough for her to electronically sign the request stating she is the person named in the claim?

As it stands she doesn't recall any contact previously with HFO Capital Ltd and genuinely requires from them any information about their case in order to defend the claim. The claim being for part payment only serves to conceal the origin of this debt.

 

Any comments, notes and suggestions on any part of my post would be appreciated.

Thanks in advance. SP

Edited by SP500
typos
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It never ends................!

 

What documents have you received fom them previously ?

 

Have you received these :

 

a) Notice of Asssignment from Barclaycard to HFO Capital Limited

b) Assignment "agreement" between HFO Capital Limited and HFO Services Limited

 

Have you sent a formal SAR request to the original lender BC, under the Data Protection Act previously ?

 

If you can post these answers we can procced from there. See that this is your first post. There are quite a few members on here with extensive experience concerning these people.

 

There are HFO spies on this site.

 

Suggest that you read all the posts concerning this mob. Just enter HFO in rapid search and you will see.

 

By the way, they are all one the same. Have a look at companies house and and OFT public search site re Consumer Credit Licence.

 

When was the alleged date of assignment when BC sold this "debt" to HFOC ?

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Thanks loanbuster for your reply.

 

In answer to your questions;

My wife hasn't yet found any previous letters from HFOC.

There's no recent communication regarding this alleged account.

No mention of Barclaycard or HFO Services in the Particulars of Claim but reading other posts

re HFO it is likely Barclaycard were the original lender in the form of a credit card.

 

She hasn't sent any SAR as yet as she was going to request statutory credit reports from credit reference agencies to confirm BC as the original lender.

The only date mentioned re assignment of the account is that in the PoC, i.e. 30 June 2007

 

Thanks SP

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Make sure that you comply with all Court times as this lot will seek Judgment by default.

 

Send back AOS and then youve got 28 days from date of service to file defence.

 

Put them to strict proof, you need to ask for sight of documentation as to how they came to own the debt.

 

Send SAR to Barclaycard, an absolute must, so you can the clearly see who the debt was sold to. This will be an entry on the SAR printout.

Youll find SAR templates on this site. 10.00 postal order, no signature on letter, make sure that you state that payment is for SAR stat fee and not to be applied to any account in reduction or payment on account.

 

Is the claim via Money claim on line, i.e have you got a password supplied to you by Northampton Bulk Centre ?

 

If so do it all online. If not everything posted recorded or next day special.

 

Go through the motions with this bunch, theres a lot that cant be said here and at this moment, but persevere and you will succeed.

 

Can you make claim form private, i.e remove all personal details and post it up here for all the HFO caggers to see ? we will then be in a better position to comment. We've all had problems with these clowns.

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Dont tell them her married name. The alleged account was in her maiden name, carry on using this. Dont tell them anything that they could use later. By stating her married name then they are going to find out other stuff. Remember, that is her name, she is that person, so there is nothing wrong in continuing to use maiden name. It will just confuse issues. How many women in professional jobs, i.e solicitors etc get married but stiil use thier maiden name. The law is that you can use whatever name you like as long as it is not for the purpose of any illegal act, dishonestly or deception.

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It is another 'split claim'!. Have a look at this thread in Debt Collectors Forum as you probably have good grounds for defending this in addition to the split claim. Also there are some SAR and CPR letters on there (the Template Library is not working at the minute). Thread is:

http://www.consumeractiongroup.co.uk/forum/showthread.php?270445-HFO-Morgan-Stanley-Debt[url=http://www.consumeractiongroup.co.uk/forum/showthread.php?270445-HFO-Morgan-Stanley-Debt/page5&p=3124781][/url]

Edited by coledog
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Many thanks for the comments and suggestions, it's all very much appreciated.

 

Unfortunately, I don't have 20 posts so am unable to post links/ images just yet.

 

loanbuster - Yes, password was included to allow my wife to submit AoS, defence, etc online

 

coledog - Thanks for the link, I will re-read that thread for more research :)

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You need to send off the SAR and CPR request ASAP, there are templates on the link I sent you.

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Many thanks coledog, I used the CPR31.14 request you posted recently on Antares thread. SAR to Barclaycard later today hopefully.

Will hold fire on the 'split claim' reference until i fully understand the relevant legal issue.

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Yes - I think complaints to the Solicitors' Reg body may be in order but this situation could work to your advantage. As could the fact that the debt was sold to HFO Capital.

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

 

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“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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Hi SP500 and welcome to CAG.

 

You'll find there are quite a few of us who have suffered at the hands of this mob and are ready and willing to assit if you take them on.

 

Doc

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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

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Hi all. In my own plight with HFO/TR, case soon to be heard which Im feeling well confident about with the suberb input from VJ & BA, they must have got well fed up with me now for the amount of mails Ive sent them !

 

Upon looking over my paper work yet again today, It has become obsessive, I notice that the 2nd January 2006 agreement between HFOC (Caymans) and HFOS pre-dates the questionable Barclays
link3.gif
NoA, in my case 27th March 2006. (Without giving to much away here to the spies, I now have evidence to the contrary from BC). In the 2 Jan agreement (not compliant with 1985 Companies Act s36a, and 1925 Law of Property Act - Thanks BA !) it clearly states that all beneficial interest
link3.gif
in all debts passes to HFOS. At that point it then makes them the owner of the debt, so they in effect cannot be the agent of HFOC as title has allegedly passed. Yet in the questionable NoA supposedly from BC they state, your account has been assigned to HFO Capital and accordingly all enquiries and communication must be made to our agent HFOS. Please tell me if I am missing something here, but if they (HFOS) have become the owner of the debt, how can they be referred to as the agent of HFOC at a date subsequent to the 2 Jan agreement. This is clearly yet another f*** up on thier part.

 

Fortunately, I have with great difficulty squeezed a letter from BC Recs confirming who the debt was sold to according to thier DPA / SAR
link3.gif
database. Yes youve guessed, not HFOC !!

 

This I hope will save the day.

 

Comments please.

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Need to keep an eye on the date when you need to submit a defence, even if no docs are received. I have told a couple of people to ring the court and check and the court have been quite helpful.

 

BA can you point me to a good example of an 'embarrased' defence for an Egg customer, debt not sold on? Sorry to hi-jack - thanks.

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I take it as part of my wife's defence we should also ask the court to order the Claimant to produce docs?

Still have some time left but should we also send defence by recorded post so we can attach copies of CPR 31.14 request and reminder sent?

Thanks in advance, SP

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