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legal aid solicitor required to help us fight HFO services and their solicitors Turnbull Rutherford


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Hi , I just want to hear if anyone has got the same problems with HFO and their solicitors Turnbull Rutherford as me.

 

In 2004 I purchased a car on HP from Welcome Finance which left me with a balance to pay of £3,729.48p.

 

I made 4 payments of £145.77p per month until I had a bad accident and came out of work.

 

I got in touch with Welcome finance explaining my situation and requested that they took the car back as I could not keep up the payments.

They sent someone to pick up the vehicle straight away.

 

At this point they informed me that they would write to me detailing how much they would get for the car and what amount left I would be paying.

This never happened so stupidly I thought that was the end of the matter.

 

However 4 years later I receive a letter from HFO Services saying that they had purchased a debt from Welcome Finance and we owed them £9393.05p.

I went to C.A.B. and they made it that we paid £1 per month because I never worked again after the accident.

 

In 2010 they took me to court and got a charging order on my property for £12585.63p.

 

On the 17th February 2011 I received a letter from Turnbull Rutherford stating that I now owed them £15850.21p and that I had never made a payment offer since going to court.

 

I had paid my £1 on a regular basis since 2008 but now they are threatening to take further legal action to force a sale on my property if I dont offer a substansial monthly payment.

 

Just before this letter I received a phone call from a young lady at HFO services who was nasty and belligerent

who told me I could afford to pay a minumen of £150.00 per month because she considered that my wife and myself wasnt allowed

any kind of life and we should only be allowed to have £125 per month for food and household expenses.

 

We have a meeting with C.A.B. this Friday to see if I can get help with this massive problem.

 

We have requested from Turnbull Rutherford that they send us the original documentation of our HP agreeement

and proof of what was received from the car and they tell me that I have to pay for that.

 

How do I do this with when they know I cant afford anymore money HELP.

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Hi and welcome

 

When did they obtain the CCJ/CO against you and did you receive notification of this, if so did you defend it at all? What documents do you have?

 

This company are nasty but there steps that you can take to fight this. NEVER speak to them on the phone unless you can record the call, request everything in writing and tell them to Foxtrot off

 

Do you have access to a scanner so that you can scan and most any documents with personal data removed?

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Hi and welcome, firstlly did you ever defend the original claim and they should not be charging interest on the CO.

 

Interest

 

If a creditor has taken the debt to the county court, they may be able to add extra interest once a charging order is made. Interest cannot be added if:

  • the debt is for an agreement regulated by the Consumer Credit Act. This includes most ordinary credit agreements, including bank overdrafts.

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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We have requested from Turnbull Rutherford that they send us the original documentation of our HP agreeement and they tell me that I have to pay for that

A CCA request will cost one pound.

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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Welcome fenside.

 

Bit messy this, I’m afraid. You have, in short, been shafted with a very big painful thing by Welcome, by CAB and by HFO/Turnbull.

 

The advice from CAB in the first instance was plain wrong. They have effectively made you admit a debt that you may not actually owe. This was a big, big mistake, and one that may be tricky to overcome.

 

If you did not defend the original claim, and they got a judgment by default, then a judge would want to know why. You should have defended this as clearly there were issues.

 

The only ray of hope is for getting a set aside on the grounds that there was a £1 arrangement for payment in place, and HFO have clearly reneged on that. Do you have any letters to back this up?

 

Tell us all you can, in real detail.

 

I hate to say it, but you are, unfortunately, the very kind of decent person in a difficult situation that HFO love, because shafting you can be so easy for them. However, as BA and others have mentioned, I doubt they are entitled to post-judgment interest, and there may be other procedural errors. They are probably charging their own interest rate, and applying their own terms and conditions – which they can not do. They are also rather useless when it comes to the law.

 

HFO do not have to respond to CCA requests etc, as a judgment is in place, but I believe a subject access request will be in order. Do you have copies of the original claim form and other documents, plus HFO correspondence? When did you first hear from HFO?

 

If this debt was sold to HFO in February 2008, there is one excellent avenue for a set aside and, possibly, compensation.

 

You also need to SAR and call Welcome to find out what the hell they were playing at.

 

This will be difficult, but not impossible.

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HFO do not have to respond to CCA requests etc, as a judgment is in place

 

If HFO are now acting as the judgement predator, sorry creditor and charging interest, which it looks like they are, then I beleive they can only do this if the original agreement allows, so I think you can do a CCA request, the other option is a SAR to Welcome as they should have a copy.

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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They are not allowed to add interest post judgement on a CCA agreement as DB states UNLESS the original judgement allowed this.

 

This is a case to be handled in line with the CPUTRs in my opinion folks... these are oppressive and intimidating tactics from HFO.

 

A set aside is more than achievable IMO if the docs are dodgy; medical reasons are more than mitigating factors and taking into account the assignment issues there is no doubt in my mind a court would like to make some money from hearing the case.

 

Worst case scenario is that we are back in this situation in a few months time working out what to do.

 

If we are in agreement then we can work on the tactics from thereon. Welcome to the HFO Fan Club!

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  • 3 weeks later...

Hi out there,

Does anyone know of any legal aid solicitors that would help us fight HFO services and Turnbull Rutherford solicitors. We know we have a very good case against them but we need someone to speak for us.

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Hi

 

I believe that legal aid is governed by the size of the claim, also it is not easy, in my experience, to find a high street solicitor with the necessary experience in this area.

 

Actually you already have a thread on this

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?296885-debts-with-HFO-Services-and-Turnbull-Rutherford-solicitors&p=3321255&highlight=#post3321255

 

I will ask the site team to merge the two threads and we can continue to advise

Please support CAG and they will support you.

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There was actually a 3rd thread.All merged here now.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Quote

 

also it is not easy, in my experience, to find a high street solicitor with the necessary experience in this area.

 

Maybe not easy but not impossible.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Agree Martin. This debt is under £5,000 therefore I am not sure it qualifies for legal aid anyway. There are other sources of legal help available but it is best to get the issues clear yourself on how you wish to fight this.

Please support CAG and they will support you.

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  • 3 months later...

Hi

Welcome to The Consumer Action Group.

 

 

I am just letting you know that as you haven't had any replies to your post yet, it might be better if you post your message again in an appropriate sub-forum. You will get lots of help there.

 

Also take some time to read around the forum and get used to the layout. It is a big forum and takes a lot of getting used to.

 

 

Once you start to find your way, you will soon realise that it is fairly easy to get round and to get the help you need.

 

It can be bit confusing at first.

Please be advised that my time will be limited for the next few weeks.Thanks for your understanding.

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