HFO/RUTHERFORD claimform - barclaycard

[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?

[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?

[coledog]

I got trampled there - thanks!

[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

[coledog]

Right, I would suggest a call to Barclaycard - number below, Ask them when the last payment was made on this account also exactly whom and when this account was sold, according to their records. Then ask them to confirm this is writing.

 

Barclaycard

Barclaycard recoveries 0844 556 0066 (Barry Challinor is a good contact)

PT/DB does Mongoose need to get the CPR request in the post above, off to TR?

[coledog]

You need to get the last payment date and exactly which HFO company it was sold to - try this number

 

MATTHEW THOMPSON or Paul Hart

SENIOR CUSTOMER RELATIONSHIP MANAGER

DIRECTORS OFFICE TEL: 0844 0903111

[coledog]

Excellent, did you ask for this to be confirmed in writing?

 

You need to send the CPR letter I posted above to TR, send recorded delivery and adapt the wording to apply to your POC

[coledog]

It is worth a SAR to BC, they have up to 40 days to reply but hopefully sooner and you don't know how long this is going to drag on. It does cost a tenner, they should be able to id you as you have phoned them

 

SAR Request

 

Subject access request letter attached to send with £10 postal order - send recorded delivery and sign over the dotted area at the bottom. They have 40 days to reply.

Standard SAR.doc

[coledog]

As long as you have acknowledged the claim, you have 28 days from date of service (this is plus 5 from date on the claim) to submit a defence. Let us see what the CPR produces. If they do not reply within 7 days you will need to send a reminder to TR and ask them for more time if they require it. They say in the POC that they will supply supporting docs but have not done so yet

 

Your defence will depend on what they come back with, do not stress you are in good, experienced hands here.

[coledog]

Presume they have not attached any documents? Therefore you still need a response to the CPR letter from them

[coledog]

Who is the Claimant? And WHAT agreement are they talking about?

[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.

[coledog]

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

[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

 

[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

[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.

[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.

[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?