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myseff V's HFO Ireland services - Court Claim


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Well finally have got court papers off HFO services, and do not know what to do now.. Do I acknowledge some of the debt or defend myself.?

Quick background... In 1999 I took on a loan with Capital bank, which when divorce reared up I could no longer pay, as my life and head went into a downward spiral.

I really cannot remember much, but eventually the debt was past on to 'Intrum Justitia' and from 2005 I paid monthley payments, never mised one as I started to get myself together.

This went on to the 22/1/2008 when I received a letter from said company ( I still have it) to state that account had been returned to clients at their request.

I rang HSBOS and they said account was closed.. Which I didnt understand as I still owed £5000.

 

The next thong I heard was in Oct 2008 when I had a letter from Turnbull Rutherford who stated I had a principal owing of £6159 plus interest of £4939 !! and tha they confirmed I was an homeowner and were looking to enforce payment by a charging order. Then the phone started.

I did speak to them once, but denied owing THEM any money and not to ring me, but to send paperwork . I then got lots of threatng letters for a while then it all stopped.

2010 it started again, Litigation letters, and one ( which I cannot find...which showed a photo of my home etc etc, after finding this site, I sent them a CCA request which was delivered on 23/08/10 . On the 24th I recieved a letter which states in one line " Forward the file for escalation of colection activity, whether by legal action or otherwise" Stating that they will obtain a enforcing judgement by attachment of earning from my workplace...naming the workplace. I do ont know how they found out where I worked!!!

I decided after this sod them, nasty S.O.B's, and that I would rather deal with court than them.!!

I finally got a photocopy of my credit agreement on 17/9/10

I have about 48 hours to reply to court hearing. Any help and advise is sorely needed!

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Hello AB...welcome to the CAG forums, try and relax as best as you can. Is it possible you can post up the POC's (Particulars Of The Claim) on here but please don't include dates (or exact amounts !!). I suggest you read this too as you will find it helpful - http://www.consumeractiongroup.co.uk/forum/showthread.php?241827-Legal-Action-how-to-start-off.-IMPORTANT-IF-YOURE-BEING-SUED Also does it list on the claim form HFO Cayman Islands ? or Ireland ?

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HFO Ireland

Particulars of claim

" The claim is for monies owed to the claimant by the defendent pursuant to an interest bearing credit agreement regulated by the consumer credit act 1974. The claimant was assigned the defendents debt and all rights and obligations attached thereto by Hsbos ( original lender) The defendant has been provided notices of assignnment previously. The claiment claims contractual interst puruant to the terms of the credit agreement at the rate of 17.00 per annum from the date of assigment to the date of judgment. he claiment is also entitled to claim post judgment contracual interest on the same terms. Full particulrs of claim to follow in accordance with the CPR practice direction 7C ( Para 5.2)

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Please please help. I do not deny owing money and can pay a little a month but I only owed £5027, and interest had ben frozen, but they stated it is £6159 and the interest is ridiculous. I one other letter I have it states that I defaulted etc etc, but does not mention that I had been paying another company for 2 and a half years!

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Interesting.....as it states Ireland, quite a few of the other caggers are knowledgable about dodgy assignments from Ireland / Overseas, i'm just trying to find some threads on this....I am hoping that those who know HFO well will add to this.....

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They will NOT be allowed to get 17% interest.....(well they will if you don't defend this)....I suggest getting off the CPR31.14 in the first instance (send recorded delivery) ? Was there any PPI attached to the loan ? and do have a read around some of the other HFO threads on these forums...

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Why do you only have a couple of days to respond? When did you get the claim?

 

When was the account assigned to HFO? Have you had a notice of assignment?

 

What is the full name of the original creditor?

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Why do you only have a couple of days to respond? When did you get the claim?

 

When was the account assigned to HFO? Have you had a notice of assignment?

 

What is the full name of the original creditor?

date of assignment 17/7/08

Original lender HBOS

 

Just found a letter with photo of my house, A complete property register they had done and a credit list showing everything i pay in and out!

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Hi annebolyn

 

Can you tell us the date on the claim form please? Why do you only have 48 hours to respond?

 

We need to know exactly where you are up to with this in order to advise properly. Start with the actual court claim and then we will deal with the background to this.

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OK

 

If the issue date is 7th, you have 19 days to acknowledge the claim and say if you defending. You then have 33 days from 7th to submit a defence. I think.

 

Which court is it issued through? Can you acknowledge on line?

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he claiment is also entitled to claim post judgment contracual interest on the same terms.

 

Are they claiming the full amount of the debt or only part of it??

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IF the issue date was the 7/3 you have 33 days in total to turn this around (5 deemed served) 14 to AoS and a further 14 to submit your defence

if you are defending.

 

Attention to their P.o.C

 

" Full particulars of claim to follow in accordance with the CPR practice direction 7C ( Para 5.2)"

 

 

 

Filing separate particulars of claim

 

5.2

 

(1) Subject to the sub-paragraphs below, the claimant may serve and file particulars of claim separately from the claim form but the claimant must in the claim form –

(a) state that the particulars of claim will follow; and

 

(b) include a brief summary of the claim.

 

 

(2) Where the claimant serves the particulars of claim separately from the claim form pursuant to sub-paragraph (1), the claimant must –

(a) serve the particulars of claim in accordance with rule 7.4(1)(b); and

 

(b) file a certificate of service in form N215 at the Centre within 14 days of service of the particulars of claim on the defendant.

 

 

(3) The claimant must file the particulars of claim at the court to which the proceedings are transferred under paragraph 1.3(2)(e) within 7 days of service of the notice of transfer.

 

(4) Where the proceedings are not transferred under paragraph 1.3(2)(e) and remain at the Centre, the claimant is not required to file the particulars of claim unless ordered to do so.

 

Regards

 

Andy

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Are they claiming the full amount of the debt or only part of it??

 

They are claiming full amount, ( which is slightly less than all the letters they have sent me state!) Issued from Northampton Court and I can reply online.

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I think that you need to consider defending the full claim as the amounts claimed and asignment are certainly worth challenging.

 

To do this you need to Acknowledge the claim on line and then send the letter below to Turnbull R, send recorded, just initial your name. See what they come back with within 7 days and also if they send you a more detailed POC as they state. We can then help you with a defence.

 

Adapt the following to contain the details in your POC

 

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 HBOS 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.

 

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 £Xxx.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.

 

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

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Bear in mind that further details of the claim are due – this may provide references to more items you can request via CPR, such as DNs, sale agreements, etc.

 

So you either enter this CPR request and follow it up with another, or wait for the additional PoC and then issue your request. If there are timing issues, you can request an extension for filing your defence under CPR 15.5.

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Yes - quite true DB. It may be worth acknowledging the claim and then waiting a few days for the further details of claim from TR before sending the CPR request. There is another thread where the poster got this quite quickly and then sent off the above CPR. They may refer to a Default notice or something else and then we can ask for that.

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Yes - quite true DB. It may be worth acknowledging the claim and then waiting a few days for the further details of claim from TR before sending the CPR request. There is another thread where the poster got this quite quickly and then sent off the above CPR. They may refer to a Default notice or something else and then we can ask for that.

 

A letter has arrived stating more particulars of claim

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