Northampton CCBC claim from HFO Capital Ltd

[SP500]

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 September 13, 2010 by SP500
typos

[loanbuster]

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 ?

[SP500]

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

[loanbuster]

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.

[loanbuster]

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.

[coledog]

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 September 13, 2010 by coledog

[SP500]

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

[coledog]

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

[SP500]

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.

[coledog]

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.

[DonkeyB]

Subbing

[Docman]

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

[coledog]

Hi SP500

 

Remember to keep posting with any updates.

[sillygirl1]

If you post a 'bump' post on this thread several times a day your post count will go up.

 

We can help with the split claim defence, they basically have stuffed themselves on the first hole.

[loanbuster]

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

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

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

database. Yes youve guessed, not HFOC !!

 

This I hope will save the day.

 

Comments please.

[SP500]

lol loanbuster, nice work.

[SP500]

Thanks for the comments

[coledog]

Update on the split claim debate:

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?276741-Some-solicitors-using-Split-Claims-how-does-one-defend

[SP500]

thanks for link coledog

[SP500]

nothing new to report so I will look to write a follow-up letter to TR to the CPR request delivered Sept 15th

[broken arrow]

Make it a final warning to comply or you will apply for a court order to produce the documents.

[SP500]

thanks broken arrow

[coledog]

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.

[SP500]

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

[SP500]

We're actually still in the dark re the origin of the agreement on which HFO's claim is based.

Credit reference details received so far only give cause for opening a new thread on a completely different matter