HFO/RUTHERFORD claimform - barclaycard

[MONGOOSE555]

Hi

 

New member who needs the right advice.

 

Three weeks ago I was contacted by HFO via phone regarding a old Barclaycard debt.

 

Last week I received a letter from Turnbull and Rutherford, that they will take me to court.

 

Today I received a Northampton CC claim form.

 

Apart from their letters, I have no information to mount a defence to this claim.

How do I get the court to re-arrange court date,

how do I get all of the paperwork needed to mount a defence or challenge these guys etc etc

 

Regards

 

Mongoose

[coledog]

Hi and welcome

 

Are you able to scan the letters and the Court Claim form (just the particulars of claim) or type in the Particulars of Claim at least? Remove all personal details and reference numbers.

 

Can you give some background to this, how old is the account and when was the last payment to anyone. What exactly has your contact with HFO been?

 

Are they claiming the full or a partial amount?

[DonkeyB]

Can you tell us a bit about the timescales? Did Turnbull Rutherford give you a seven day notice, then issue the claim before that expired?

[broken arrow]

Hello and welcome, as CD asked can you type in the particulars of the claim and how much are they claiming?

[42man]

You might also find this thread useful - http://www.consumeractiongroup.co.uk/forum/showthread.php?241827-Legal-Action-how-to-start-off.-IMPORTANT-IF-YOURE-BEING-SUED but if we could know (as has been asked above) the Particulars Of Claim

[patrickq1]

welcome to the HFO forum ,we will try to help as much as is possible ,

patrickq1

[MONGOOSE555]

Hi

 

In 2006,

I started to dispute some charges that were placed on my account of £150-200.00.

I had stated that no more payments will be made until the charges were removed as they were unfair.

Then things got messy because they then arranged for DCA to collect the full balance,

 

I have had no contact with HFO, verbal or written.

The credit card account when into default late 2006 early 2007.

No payment made to any one since late 2006

Amount owed in 2006 £ 858.00, amount owed in 2011 £1894.00

This account has been with HFO, Cayman, Ireland, England

 

The letter from Turnball was dated 3 feb, I received via post on the 8th feb, I have had to pay the full sum by the 24th feb.

The CCC IS dated 07/03/2011

 

CC Claim Particulars.

 

The claim is for monies owed to the claimant by the defendant pursuant to an interest bearing credit agreement regulated by the CCA 1974.

 

The Claimant was assigned the defendants debt and all rights and obligations attached thereto by Barclaycard ( original Lender).

The defe has been provided notice of assignment previously.

 

The claimant claims contractual interest pursuant to the terms of the credit agreement at the rate 17.00% per annum.

 

The Claimant is also entitled to claim post judgement contractual interest on the same terms.

Full particulars of claim to follow in accordance the the CPR Practice direction 7C (pARA 5.2)

 

Regs

[42man]

Firstly they are not allowed to claim that level of interest....a CPR31.14 request should be made first

[DonkeyB]

MONGOOSE555 said:

This account has been with HFO, Cayman, Ireland, England

 

 

Can you explain how you know this?

 

The 17% will be as per their own T&Cs which is clearly nonsense. Times must be hard – they’ve put them up from 12%.

[42man]

Cayman Islands ? that is very interesting !!! I know there were some very interesting issues about assigning debts overseas as they would not (and please correct me if i'm wrong here) be able to enforce under English Law....

[coledog]

It is for the full amount then.

 

Have you ever requested a Credit agreement from HFO or received a Notice of Assignment? Have you acknowledged the claim yet as you need to send TR a CPR request for the documents. Will sort one out for you

 

This account has been with HFO, Cayman, Ireland, England

 

 

 

How do you know this?

[42man]

You should also have a read of this too - http://www.consumeractiongroup.co.uk/forum/showthread.php?162456

[DonkeyB]

Don’t worry about that yet 42man – it’s a long story but we’re hot on it! All will be revealed! Hope you’re good at jigsaw puzzles and cryptic clues.

[coledog]

I got trampled there - thanks!

[42man]

Combined CPR 31.12 and CPR 16.4(2) Request - http://www.consumeractiongroup.co.uk/forum/showthread.php?162456 (as above)

[coledog]

This one?

 

Dear Sir,

 

Re: (Claimant's name) v (Your name) Case No:

 

Combined CPR 31.12 and CPR 16.4(2) Request

 

On (date) I received the Claim Form in this case issued by you out of the (Name) county court. I confirm having returned my Acknowledgement of Service form to the court indicating my intention to contest all of the proceedings.

 

Owing to the striking lack of particularity in your Particulars of Claim, I require the prompt disclosure by you pursuant to CPR 31.12 of each of the following documents, mention or reference to which would have been made had the Particulars of Claim contained the minimum of necessary particulars and complied generally with CPR PD 16.

 

1 the agreement giving rise to the obligation to Barclay ard for the credit advanced. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.

 

2 the deed or other instrument of assignment by which you / the Claimant acquired rights under the agreement disclosed by you under [1] above.

 

3 the default notice, the service of which was a condition precedent to the creation of the debt now sued upon by you pursuant to the assignment disclosed by you under [2] above.

 

Additionally and in relation to the interest claimed, pursuant to CPR 16.4(2)

 

4 Under CPR 16.4(2)(a)(i) please now state whether the claim to £7xx.xx includes a claim for interest under the agreement disclosed under [1] above and if so,

 

5 Under CPR 16.4(2)(b) specify the amount of that interest, and

 

6 the percentage rate of interest, the date from which it is calculated and the date to which it is calculated, alternatively

 

7 Where more than one percentage rate of interest has been applied or compound interest has been applied in the calculation of the amount of interest specified at [5], specify each element of interest comprising the sum for interest specified at [5] and for each such element specify the amount treated as principal in the interest calculation, the percentage rate of interest, the date from which it is calculated and the date to which it is calculated.

 

8 Of the interest amounting to £xxx.xx claimed pursuant to County Courts Act 1984 section 69, specify the date from which it is calculated and the date to which it is calculated.

 

Although your claim is for a sum which is not more than £5,000.00 and will in all likelihood be allocated to the small claims track for determination upon my delivering a defence, at this moment in time I have not delivered my defence and the case has not been allocated to a track. In consequence the provisions of CPR 27(2) are of no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise.

 

You should ensure compliance with your CPR 31 duties and ensure that the documents 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.

 

Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

 

In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.12 request.

 

You should also ensure compliance with your CPR 16 duties and likewise ensure that the particular regarding interest are fully provided to and received by me within 7 days of receiving this letter.

 

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 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.

 

I look forward to hearing from you.

 

yours faithfully

[coledog]

I like that one

[MONGOOSE555]

colwdog & donkey8

 

On the letter I received from T@J, there is a attachment page, letterhead saying HFO Surrey and on this page its stating first assignee as HFO Cayman, current assignee as HFO Ireland.

 

Date of assignment from original lender to HFO CAYMEN 03/11/07

Date of assignment from HFO CAYMAN to HFO IRELAND 31/01/08

[DonkeyB]

Would really help if we could see these.

[pt2537]

can i ask, the default notice (as we will laughingly call it)

 

Was that the only page you got? or is there more?

[rebel11]

Hi mongoose

 

If you are going to post documents, please make sure you remove all personal details as well as reference numbers.

[DonkeyB]

So their prontaprint DN says you must pay 40% of the amount. They haven't got the hang of this, have they?

 

The account has already been defaulted and terminated anyway. But they think it is still subject to s87...

 

OK. In that case, it's nice to see that HFO Cayman sold and HFO Ireland bought the account when HFO Ireland did not have consumer credit licence. That makes the agreement unenforceable, and the transaction may be a criminal offence.

[pt2537]

Donkey

 

STFU for a mo, let them say what they want to say, its their case to prosecute,

 

if its already terminated then one may be buggered if you get my drift but if they are defaulting on the back of this notice then what does Harrison say?

[DonkeyB]

'nuff said.

[pt2537]

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