HFO/RUTHERFORD claimform - barclaycard

[42man]

Did you read the first link.....you have to respond to the claim within 14 days of the date on the claim form, and you can either partically defend, defend all or admit it.....if you wish to defend then you get a futher 14 days in which to supply your defence. STICK TO THE TIMETABLES...and do spend some time reading around these forums....

[coledog]

Presume you have sent the CPR request to TR and acknowledged the Claim? Also SAR to BC?

 

Await 7 days for a response to the CPR then send a reminder.

 

You have 28 from 'Date of Service' which is 5 days after the date on the claim form (i.e 33 days from the date on the claim form) to enter a defence as long as you have acknowledged. The defence will depend on the info already received plus any response to the CPR request, we will help you with this.

[MONGOOSE555]

Hi

 

Just received a e-mail from Barclay Directors office, confirming the date and who it was sold to and last payment made. Barclaycard sole this debt on 19 October 2007 to:

 

HFO Services

Highland House

165 The Broadway

Wimbledon

London

SW19 1NE

 

How does this effect my defence of claim, because on paperwork received from TR, it says BC sold to HFO cayman as first assignee not the address mentioned above.

[coledog]

Tangled web mate. Don't worry, that is useful

[DonkeyB]

Well, HFO will simply claim Barclays are not telling the truth, and will produce a cod fax from some lowly Barclaycard employee stating it WAS sold to HFO Ireland (their usual mistake – not even to HFO Cayman).

 

There’s lots to defend against here, but I’d rather you did not show your hand too early. Best wait for their CPR response.

 

In the meantime, consider two elements alone.

 

1. HFO’s first contact with you is very recent (although they will claim differently in court papers), yet clearly they are claiming interest from the date of default. They cannot. They can only claim interest from when they informed you that they owned the account. That’s because until that point, you were not aware that HFO ‘owned’ the account and therefore had no opportunity to discharge the alleged debt.

 

2. By law they were obliged to send you a statement of account every year. I bet that hasn’t happened. I think on all these recent accounts where debtors have only just been informed of the change of ownership – three, four or five years after the event – that absolutely no annual statements of account have been sent out. That means they cannot claim interest.

 

These issues can form part of a defence.

 

You have to be aware that, in dealing with people who run their operation so inefficiently and badly, you have to expect absolutely any tactic to be used, so stay on your toes.

[MONGOOSE555]

Hi

 

Its now seven days since I posted a CPR request, no contact. Is there a template for the reminder letter and should this letter be "cc" to the county court.

[coledog]

Right

 

Have you checked when the letter was signed for? Count 7 days from receipt plus a day and then send something along the lines of the letter I have drafed below. Send recorded and keep all copies. There is no point sending too earlier, you are being generous here which is in your favour.

 

Track and Trace

http://track.royalmail.com/portal/rm/trackresults?catId=22700601&pageId=trt_rmresultspage&keyname=ePOD4_track&_requestid=126033

Re: Combined CPR 31.12 and CPR 16.4(2) Request

I have not received your response to the above request, sent to you on (date) and received by you on (date). I would remind you of the following:

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.

 

If you are unable to comply with that part of this request concerned with CPR 31/CPR 16 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 any part of this request or fail to request more time, 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,

Yours faithfully

 

[MONGOOSE555]

Hi

 

I have given TR enought time, just preparing the reminder letter to be posted, Do I need to write to CC informing them where we are as of now. So Far..... SAR request to BC 14/3, CPR letter received TR 15/3, CC ankowlgement form sent 14/3. Reminder CPR request TR 24/3.

 

regards

[coledog]

No you don't need to tell CC. Have we worked out when your defence has to be in? It is 33 days after the date on the claim form

[MONGOOSE555]

Hi

 

The reminder letter has been received by TR today by recorded post. Should I be expecting a letter from CC confirming receipt of returned form (posted 14/3) stating that I will defend this claim.

 

regards

[broken arrow]

Hi

 

The reminder letter has been received by TR today by recorded post. Should I be expecting a letter from CC confirming receipt of returned form (posted 14/3) stating that I will defend this claim.

 

regards

 

No it is up to you to meet the deadline for submitting your defence.

[coledog]

You can ring the CC and check that the ack has been received and also check the date by which the defence has to be submitted. If you can tell us the date, we can start helping you put a defence together.

[MONGOOSE555]

Hi

 

Just called CC to confirm ack received, I have 28 days from 12/3 to submit defense, so, no later than 9/4.

 

Have also received my SAR request from BC this morning, a lot of info, what info do you need

 

Regards

[coledog]

What exactly is included in the SAR? If you can give a briel description of the documents sent. Look for anything that indicates that the account was sold and to whom.

[MONGOOSE555]

Hi

 

In the SAR pack.........

 

All credit cards statements

30cm thick computer print out of data

Some 30 standard letters from BC asking for payment, one photocopied letter from mercers

At this moment in time I cannot locate any info that says sold to HFO

 

Regards

[coledog]

It is the computer print out that you need to sift through, unfortunately. The slae should be somewhere in there. Did they include any default notice or notice of assignment in the letters?

[MONGOOSE555]

Hi

 

Yes I have a default notice dated 22/12/2006, no NOA, currently looking thru data pack

 

Regs

[MONGOOSE555]

Hi

 

This is the only entry that I can find that mentions HFO

bcsar hfo.pdf

[broken arrow]

Hi

 

This is the only entry that I can find that mentions HFO

 

are there any entries which say ROX or Roxburghe?

[MONGOOSE555]

are there any entries which say ROX or Roxburghe?

 

No

[broken arrow]

do you have printouts for around the time the account was sold?

[MONGOOSE555]

do you have printouts for around the time the account was sold?

 

BC confirmed ac passed to HFO on 19/10/07, these are the entries I have in my SAR for around this time +/- 4/5 months

 

Collection status

 

20/07/07 cra no respond 28 days

20/07/07 working front end

23/08/07 working doorstep

14/09/07 clsd unsucc prime

16/09/07 agency-closure code

30/09/07 card expiry date

 

(ps) found entry saying payment due date; 21/03/2011, date last in order; 21/02/2011 and 21/02/2011: last billing date that the ac was deemed to be in order, ie. was not delinquent,,,??

 

27/04/07 effective date of cancellation

27/04/07 account status code ZZ = debt manager

31/12/07 indirect balance details number 75 closed

20/02/2011 last billing date, ??

 

 

Regs

Edited March 30, 2011 by MONGOOSE555

[MONGOOSE555]

OK, I have followed all advice, SAR, ACK forms and CPR requests. I think the SAR is incomplete because it does not mention who,date and time when the acc was sold, it should have a entry saying this, should I call them or do something to say WTF is going on.

 

I have read the print out five times and there is one mention of HFO which I have posted a pdf, no mention of ROX etc. I only have a e-mail from BC directors office confirming when this ac was sold (who, what, why ,where info)

 

In addtion received cc statments of acc in SAR request and CC charges and interest was £1042.19, how do I get most if not of these charges back during this claim action. There is no sign of a CPR, reminder letter sent.

 

As of today I have seven working days to get a defense in, its now weds and if any query letters need to go out to TR,BC or whom ever then now is the time for reccomendations

 

regs

[bugsy123]

subbing with interest. I have an identical POC.

Hi

 

Arrived in the post this morning, feed back, please

[MONGOOSE555]

Hi Caggers

 

Does anyone have following information that they can upload for my ref.

 

2004 BC CreditCard TCs

2004 Credit agreement with perscribed terms

 

And the following after the 31/05/2005

2005 BC CreditCard TCs

2005 Credit agreement with perscribed terms

 

I have SARed BC for this 2004 info, but have not/will not supply this info under my DPA request

 

Regs

 

m