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

[coledog]

The claim was served 9th Feb? So we need to work out the date when a defence needs to submitted by or ring the court and check this

[DonkeyB]

This from something pt2537 posted:

 

When you recieve a claim, you are entitled pursuant to CPR 31.14 to ask for the documents ( if they have pleaded them) upon which the claim is based

 

CPR 31.15 says the request must be written and the other side must facilitate by disclosure in 7 days from reciept

 

At the same time as asking foir disclosure i always ask for agreement to extend the deadline for filing the defence pursuant to CPR 15.5, citing that if they fail to agree to a 28 day extension then i will apply by way of N244 for an order granting me disclosure and an 28 day extension anyway ( you will always get the extension cos the court will order so)

[StreetFighter]

So I can submit a limited defence with permission to amend? Any links to examples?

 

I must admit my preferred course of action would be for the case to end up in court rather than stayed or struck out as I think my case is a strong one (if I win the District Judge lottery!)

 

How does a Part 18 request work VJ? There's not much info on the MoJ website, it reads (to me) as though the court orders the disclosure under CPR18.1?

 

Way ahead of you there Cole, I've not been sat around doing nothing you know! Defence has to be filed by 16:00hrs 09/03/11 so bags of time yet!

 

I'm now thinking, Second CPR31.14 (or CPR18 VJ?) request to TR (just for District Judge kudos), Limited defence with a request for permission to amend to the court, N244 application for the court to order disclosure of documents relied on in the claimants PoC. Sound like a plan?

 

SF

[StreetFighter]

Thinking about it I don't need to be nice and send a second request to TR do I? Just file my defence and submit an application to the court to order disclosure?

 

What are your thoughts on sending an account in default letter to HFO? Any point?

[StreetFighter]

Or should I just submit an application to court to order disclosure and an extension?

 

AAArgghhhh! So many options!

[coledog]

You do need to send a reminder for the CPR 31 with proof of postage and the CPR 18 also, bases are covered then. The CPR 31 is a request for documents specificially mentioned in the POC and can be dismissed by the claimant as they will say they have not mentioned these, the CPR 18 is a request for information and they should not ignore this. lLet us take it from there

[tony c]

go get em donk lol

[StreetFighter]

You are of course correct Coledog, one too many sniffs of the Bishops Finger last night methinks .

 

I have drafted a response for non compliance with my CCA request, should I send this to HFO or TR? The original CCA request went to HFO the week before they instigated court procedings.

 

I have also composed a CPR31.14 reminder and a CPR18 request for TR, which I was hoping to get into the post today but I'm afraid it will be tomorrow now.

 

SF

[patrickq1]

any update on this

[patrickq1]

ooooooooooopppppppsssss spoke to soon lol

patrickq1

[DonkeyB]

Eh? Afternoon Pat, hope you’re fighting fit.

[patrickq1]

Good Afternoon Donki yes i'me on the mend had a few mild strokes but nothing to worry about changed medication and i'me feeling fine .... good to see you on the case like you say greedy barsteward needs teachin a lesson ,i am writing again to the FSA AND FOS , under the freedom of information to find out how many written complaints have they received against this company and what action have they taken if not please give reasons why not ...

i will keep at the FSA and others till something is done also HM TAX office they have not yet replied to my query in December , and i want to know why they have not responded , lol you work this end i will work on the other end cause it seems they have not yet learned any lessons and also Street F need to make a written complaint to the FSA and FOS about the ficticious dates well lets say it for what it is UNLAWFUL ACTS this guy is a solicitor and should also be reported to the LAW SOCIETY

patrickq1

[HFO-vered]

Interesting that this claim has been issued through KOT CC and not WCC. Me thinks that they may have changed tactics now due to the recent thrashings in WCC and the strokes pulled by MN re you know who's case.

 

Also, are they still operating from HH or TTowers or do you think that they may be noe doing all from Pox House as KOT CC is the local CC ??

[patrickq1]

eve hover

just give me an hour or so till i set up my Enigma machine

hehe

[StreetFighter]

I reckon it was because it was the nearest court to my "file" when they received the CCA request and needed to back date their PoC and get it in quick so that if the case made it to court they could hoodwink the DJ into believing that they began litigation before receiving the CCA request and if I ignored the N1 they could get a quick and easy summary judgment.

 

But what would I know?

 

SF

[StreetFighter]

Can anyone tell me if it would it be ok to send my CPR18 request and CPR31.14 reminder letters in the same envelope or would it be better to send them separately (registered mail of course)?

[DonkeyB]

Any updates?

[DonkeyB]

Streetfighter, what’s happening here?

[DonkeyB]

OK, HFO say the account wass assigned by BC to HFO Capital Ireland Ltd. on 12/03/08

BC say the account was sold to HFO Services Ltd on 23/10/07

Surely a prestigous and reputable Debt Collection Agency such as HFO Services wouldn't fabricate such an important document as a Notice of Assignment?

 

SF 8-)

 

This is the reason why this thread is so important.

[DonkeyB]

And they put NoAs into their evidence to prove assignment on 12/3/08. And they put it in their court WS. Oh dear.

 

Someone at HFO or TR was telling almighty fibs. Again.

[rockwell304]

Quite a bit on here at the moment regarding assignments.

 

Any updates on this???

[StreetFighter]

Well it's been a while since I last posted on here but I thought I'd show my face and let everyone know the outcome of this little saga.

 

In a nutshell I won, not once but three times!!

 

Summary Judgement was dismissed as I clearly had a defence.

 

The case was dismissed at trial (at the second hearing, the first being adjourned so TR/HFO could get their sh1t together).

 

The claimants application to appeal was denied (You really couldn't make it up)

 

Essentially the judge ruled that the illegibility of the contract document made it impossible for him to rule in the claimants favour. The DJ gave them the opportunity to address the evidential difficulty facing them (I got the impression that he wanted them to win) but they failed to do so and no amount of quoting Carey was going to change his mind.

 

I was a bit disappointed as we never even got on to the assignment issues........

 

I would like to thank everyone who helped me along the way, although I'm one of those people who prefers to do his own research rather than follow advice blindly the assistance received from this forum was invaluable.

 

Keep fighting the good fight!

 

SF

[broken arrow]

Well done, they really don't help themselves, at the end of the day the truth always wins, it's just a matter of exposing their lies and untruths.........

[DonkeyB]

Love it.

[AndyOrch]

Thread title amended to reflect the result.

 

Well done SF.

 

Regards

 

Andy