'HFO' - * won in court *

[Attack-and-Fightback]

Have they provided any evidence for this payment yet?

 

Have you pushed them for the evidence under CPR?

 

As of yet no sufficient evidence has been provided by them and the court have put dates in place for HFO to submit better evidence.

 

I have submitted some 'stronger' evidence of my own displaying no payments being made to anyone at the time in question so hopefully that might put the pressure on them itself.

[DonkeyB]

Good. Keep us in the loop.

[dadofholly]

What 'evidence' did they submit to the Court that a one off payment had been made?

 

Can you scan it and upload it?

[DonkeyB]

This could be interesting...

[DonkeyB]

What happened at the first hearing? Was that an allocation hearing? Tell us more...

[Attack-and-Fightback]

What 'evidence' did they submit to the Court that a one off payment had been made?

 

Can you scan it and upload it?

 

 

All the evidence they had and brought to court was a 'screen' shot of some system that made out money had been made which to be fair any larry on a PC could create and it was not good enough..

 

They have since been told to produce 'much more solid evidence', Basically a payment from a bank or credit card is only deemed as being acceptable.

[DonkeyB]

Did you get a copy of the evidence, as you should have? Did you get a WS? Can we see them?

[Attack-and-Fightback]

First hearing pretty much got it down to that its all based on this alleged payment of 2006 and all hangs in the balance of that basically and now gone to a small claims instead.

[DonkeyB]

But have you got their WS and evidence?

[FORMISTER]

Sorry, not been in the loop for a while,

 

But where it says HFO Caymen purchased the debt on 5 oct 2007 and transfered it to HFO Dublin in Jan 31st 2008 via an inter group agreement, hadn't the account already been transfered to HFO Services automatically under the CP2 agreement?

 

Or am I getting mixed up?

[DonkeyB]

Yes, but... but I only have five hours to explain...

[DonkeyB]

The illegal assignment from Cayman to Ireland should have formed a second tier defence.

[FORMISTER]

Fair enough DB, that will teach me to take 7 months out of the forum and think I can waltz back into the HFO fan club!

[DonkeyB]

It’s not new, you’ve just forgotten!

[FORMISTER]

I have some HFO re-reading to do. I was hoping they would be no more by now.

[DonkeyB]

Any activity on your case?

[FORMISTER]

No, not heard anything from HFO for months. Occassionlly they have sent my Dad their usual 72 hours crap, but they know that I know they aren't going to take me to court on the strength of their case.

Edited December 14, 2011 by FORMISTER

[Attack-and-Fightback]

Did you get a copy of the evidence, as you should have? Did you get a WS? Can we see them?

 

I did get a copy of the lame screen shot/file print out of figures that looks like was done in 'Notepad' by someone (there so called evidence).

The date has been set for the next hearing in Feb..

 

In the meantime I had to produce another statement by 8/12 which I did and submitted my evidence of no payment being made to both parties.

I also made reference in my latest statment that: I contacted M&S and was confirmed that the last payment ever being made by me on that account was in 2004.. 4 months after that payment was made the debt was sold to a company called Roxburghe T/A HFO Services, Wimbledon etc..

Which is the same address as Turnbull rutherford solicitors (who are acting on behalf of HFO).

 

I wonder if the judge will spot anything in that and then also spot the fact that why are HFO Capital in Ireland are getting involved.

 

I have yet to hear anything back but I know theres only a few days for them to get a reply back in.

[Attack-and-Fightback]

Here they are.

 

 

Edited December 17, 2011 by caro

[DonkeyB]

Not showing – invalid link.

 

Can you post via Photobucket.com?

 

Copy and paste the code into the post.

[Attack-and-Fightback]

Hope this one works..

 

Page 1

 

Page 2

[DonkeyB]

OK, bog standard HFO/TR system notes.

 

A few things strike me as odd.

 

1. The charge off amount is £2,875.11 – this info would have been provided by M&S.

 

2. The assigned balance is £2,435.11 – some £450 less. Is there any way you would have paid £450 to M&S before the account was sold?

 

3. They record the last payment as 22 February 2011! Did they actually take any money then? It’s a moot point if the account was already SB.

 

Did you send an SAR to M&S to get account statements? Or have you called them to ask? If not, call M&S now and ask about the last payment dates. This is urgent.

[Attack-and-Fightback]

OK, bog standard HFO/TR system notes.

 

A few things strike me as odd.

 

1. The charge off amount is £2,875.11 – this info would have been provided by M&S.

 

2. The assigned balance is £2,435.11 – some £450 less. Is there any way you would have paid £450 to M&S before the account was sold?

 

3. They record the last payment as 22 February 2011! Did they actually take any money then? It’s a moot point if the account was already SB.

 

Did you send an SAR to M&S to get account statements? Or have you called them to ask? If not, call M&S now and ask about the last payment dates. This is urgent.

 

 

No chance I paid 450.00 to M&S...

In Feb this year they phoned and bullied my parents into being made to think baliffs where coming out to there house (my old address at time of debt) and so she agreed to make payments on my behalf there and then as she was **** scared..

Luckily she told me and I stepped in ASAP and got the bank to reverse it just in the nick of time and no money ever did get to them.

That was when all the rest of it starts with all the bombarding of letters and calls and then here we are 9 months or so later going through a small claims process over an 'alleged' payment in 2006.

 

I have spoken to M&S as I could never get through to the desired SAR dept. that they have so a colleague gave me as much info over the phone as she could when I explained this.

I was informed that:

 

After the last attempted payment was made by me (according to there records was on 28/1/04 of a fee of 50.00 but bounced ) the account was left at £2875.11 until it was sold on 18.6.2004.

The exact name and address the debt was sold to on this date was: Roxburghe, T/A HFO Services, 5th Floor, 165 The Broadway, Wimbledon, SW19 1ME.

 

Again to get account notes in writing I need to call the M&S Agency team to request a SAR but can never get through to them so that was the best info over the phone she could give me at the time.

[DonkeyB]

Something odd here. Something possibly very smelly.

 

M&S claim it was sold 18 June 2004? Can you call them again and double, treble check that? This is so important.

 

HFO claim they bought it on 5 October 2007.

 

Here’s why there’s a problem. M&S say it was sold to Roxburghe t/a HFO Services on 18 June 2004.

 

Well, HFO Services was only formed on 5 May 2004. It was dormant until 31 December 2005.

 

The company now known as Roxburghe (UK) Ltd was dormant until 31 August 04. Until 3 August 2004 it was known as Roxnet Online.

 

Here’s where it gets complex (and, some might say, deliberately so, a smokescreen of some kind):

 

HFO Services changed its name to Roxburghe (UK) Ltd on 16 July 2004 for a few days. It changed back to HFO Services on 3 August, the same day that Roxnet Online changed its name to Roxburghe (UK) Ltd.

 

What this means is that there was no trading entity that M&S could have sold to on this date in 2004.

 

Roxburghe’s forerunner, Roxburghe International Credit Services Ltd, was dissolved on 15 March 2005 but at the time of alleged assignment was also a dormant company.

 

Dormant companies CANNOT trade.

 

You need to get to the bottom of this.

[Attack-and-Fightback]

The impression I have got from being in the court room was that whether it is stature barred or not everything is just hanging on the fact that whether a payment was made on the date in question of Nov '06.

 

Whether that impression would include that whoever was running what company at whatever time would not come into question.

 

I have however as explained before that in my latest reply to this case I explained that the debt was sold on to Roxburghe on such and such a date etc. trading the same address as HFO etc..

It's whether or not the judge will notice or maybe now wonder why 'HFO Capital' of Ireland are the ones who are acting as the claimants in this and question it or still make it irrelevant I do not know?

I did however also send a copy of a bank statement from the whole month in question with it showing that no payment of 20.00 had left my account on the date in question or any there around it.

 

Maybe I have just turned the screw a little on the whole matter I don't know.