StreetFighter Vs HFO / Barclaycard***Claim Dismissed***

[StreetFighter]

If anyone spots anything that I missed whilst obfuscating please give me a heads up!

 

StreetFighter

[dadofholly]

I notice they are trying to con you with their new intrest rate of 17% - but in one of their letters to you they state contractual interest is 12%

 

Well Point 1. of their POC is obviously not correct is it :-)Which also shoots down point 3.

Ponts 6 and 7 refer to the original terms and conditions - so they will have to supply you these so you can read the paragraphs that allow them to do this. Erm bet they dont manage that one.

 

Does it leave them any valid points?

[vjohn82]

Doesn't leave them anything to go with really. Interesting that they are now claiming a different sale date. No doubt it's to try and convince the court that the assignment is valid owing to this issue with the registration of the Irish operation. They clearly do recognise that it is a problem for them but in your case, SF, the sale date does not correspond with the records BC has.

 

Any part 18 request needs to refer to this, followed by a swift Notice to Admit Facts once you have the evidence in writing from the SAR... this will leave them in the embarrassing position of having to explain away a notice of assignment, purportedly from Barclaycard (which we know they never created - it was HFO) and then ta-dah... you win.

[coledog]

Suggested CPR 31 request to send to TR - Recorded, unless anyone wants to add anything. Give them 7 days to respond. Do not sign, squiggle like they do. I presume that you have acknowledged the claim?

 

Date: cccccccc

 

Your Ref: xxxxxxxxxx

 

Dear Sirs,

 

Re: HFOXXX v xxxxxxxxxxx Claim Noxxxxxxxxx

 

CPR 31.14 Request

 

On xxxxxxxx/2011 I received the Claim Form in this case issued by you out of the XXXXXXXX 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 credit agreement

 

2 the written notice of sale issued by the original lender

 

3 the Terms and Conditions under which interest can be claimed

 

4 the evidence of written and verbal requests made by the claimant’s collection agents

 

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.

 

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

[coledog]

I don't have a suitable CPR 18 request but suspect Vjohn has

[DonkeyB]

If it was really sold in 2007, then the supposed NoA is fatally flawed. The PoC is also fatally flawed as the claimant was NOT assigned the debt. This could lead to contempt of court proceedings. What do you think, pt2537?

[DonkeyB]

This will be a piece of p to defend. But I smell blood. HFO and TR's blood.

[pt2537]

you must pay them the equivilent of 40% of the debt within 14 days

 

WTF, i do like that default notice

 

must go and check the regs

 

but im sure they say the Creditor has to tell you what to do, not tell you to go work it out for yourself using a calculator.

 

oh lordy

[pt2537]

oh and by the way

 

im not gonna say on here why as they will pick up and put it right

 

but that default is defective fatally, not just on time to remedy, but there are numerous breaches of regulations here

[DonkeyB]

Need to see the Sale Agreement under which this deal was supposedly done. They continue in all docs to claim assignment in March 08 (oh deary me). If the sale agreement is one of the 2006 or 2007 ones, the charge off period will fall outside the timescale.

 

They really do want to be shut down by the OFT, don’t they?

 

And we’ll make it happen.

 

Streetfighter, you must send this bundle to the OFT. Even their letter saying we WILL get judgment breaks every rule in the book.

[coledog]

Details for complaint to OFT, please do this urgently. Mention the threats make and abuse of personal data plus the fact that they have taken legal action over a disputed debt that you have, quite correctly, asked for proof of. I would also report TR to SRA who regulate solicitors

 

OFT http://www.oft.gov.uk/

 

Mark for the attention of James Waldron,

 

OFT Guidance link

 

This helps when drafting a letter to OFT

 

http://www.consumeractiongroup.co.uk/forum/content.php?416-The-OFT-Debt-collection-guidance

[vjohn82]

With HFO my preferred tactic is to tap up the original creditor, get the SAR printout confirming the sale date and then work from there.

 

It's much more fun using CPR 32.18 to force them to admit the self evident flaws. A much underused weapon in all claims I suspect, especially where we know what HFO will always come up with.

[DonkeyB]

I would love this to go to court. This potential contempt is a serious issue which if proven would mean the OFT and SRA have to act.

[StreetFighter]

Morning all,

 

NoA is in the post today, I'll knock up the CRR31.14 letter this weekend and send it recorded delivery on Monday. Should that go to TR or HFO (One and the same I know but I like to do these things right)

 

Not sure what a part 18 request is? More reading required.

 

I will send a complaint to the OFT, I guess they'll want copies of the original documents without StreetFighter as the addressee!!? Complaining about these things is not usually my style but if it will help someone else down the line then consider it done.

 

I'd like this to go all the way too and prove them to be in contempt of court but would anything actually get done about them other than a slapped wrist?

 

Anything else I need to be doing (other than actual street fighting, though that may come at a later date!)?

 

SF

[coledog]

Hoping someone else will advise on the other CPR letters needed? Everything goes to TR, recorded do not sign normal signature (they don't).

 

Send original copies and complaint to OFT, email with attachments is probably the best way but mark for attention of the guy I mentioned.

[StreetFighter]

No problem Coledog.

 

Just been reading the OFT's Debt Collection Guidelines for Consumer Credit Licence holders, makes interesting reading and I think I'll forward a copy to HFO/TR!

[DonkeyB]

Sorry, what do you mean by 'NoA in post today'?

[coledog]

think I'll forward a copy to HFO/TR!

 

That should put the wind up them - not!

 

I took NoA to be acknowledgement to court?

[StreetFighter]

I picked up on that too Donkey, I means AoS

[StreetFighter]

I know Cole, as if they could read it...................

[dadofholly]

Here is an e.mail address you can use to complain

 

[email protected]

[cymruambyth]

Just thought I'd say how good it is to see a professional tag-team in operation:whoo:

[StreetFighter]

Right then, quick update on the situation so far and a little bit more advice please!

 

No reply received from my CCA request to HFO after the 12+2 day deadline, should I still send the account in dispute letter even though they have already begun litigation?

 

SAR docs have been received from BC which clearly show the date the account was sold and to whom it was sold. I have also received a letter confirming the same. I have not, however, received a copy of the CCA with the SAR bundle and the default notice that has been supplied is clearly a 2 page document of which only one has been supplied so a little more work is required with BC.

 

A complaint has been submitted to the OFT along with some rather direct questions regarding Consumer Credit Licences, still waiting for a reply though.

 

A complaint has also been submitted to Experian just for the hell of it!

 

No response to my CPR31.14 request has been received from TR the deadline for which expired 22/02/11. Advice would be appreciated on the best way forward here, not sure whether to submit my defence based on the evidence as it stands, send a second CPR31.14 request (not necessary I know but the judge will be impressed) or submit an application for strike out / stay due to TR's breach of CPR31.14 and the fact that I cannot answer to the claim without seeing the CCA, NoA and T&C's on which they base their claim.

 

SF

[vjohn82]

A part 18 request might be better in these circumstances. A strike out might be useful but you'll face the penalty of costs should HFO demonstrate that they have a case... very difficult to get a case struck out. Stick with the CPR requests for now... give them another 2 weeks. If not, look at strike out options.

[DonkeyB]

Submit limited defence. Request permission to amend. Issue N244 for either strike out or, better, order to comply with CPR.