myseff V's HFO Ireland services - Court Claim

[DonkeyB]

What does it say?

[anneboleyn]

What does it say?

Will scan it at work tomorrow.....and upload it. Its long!

[anneboleyn]

What does it say?

[anneboleyn]

[anneboleyn]

Think I made a mess of the scan so have tried this.........

 

IN THE NORTHAMPTON (CCBC) COUNTY COURT

CLAIM NUMBER:

BETWEEN

HFO CAPITAL LIMITED

Claimant

-and-

 

Defendant

PARTICULARS OF CLAIM

The Claimant, 1-IFO Capital Limited is engaged in the business of purchasing debt and purchases debt from various lenders. The Claimant purchased the Defendant’s account and all rights and benefits attaching thereto from Hbos (‘The Original Lender”) on 17 July 2008.

2. The Claimanfs claim is for monies owed under an interest bearing credit agreement dated 16 July 1999 (‘The Credit Agreement”), which is regulated by the Consumer Credit Act 1974, between the Defendant and the Original Lender, the debt due there under having been assigned to the Claimant.

3. Under the Credit Agreement the said sum was to be repaid by the Defendant by way of monthly instalments. The Defendant has defaulted on payment and is in breach of the paymcnt clause of the Credit Agreement.

4. In compliance with Section 136 of the Law of Property Act 1925, the Defendant was given written notice of the sale of the Defendant’s account from the Original Lender to the Claimant.

5. Despite numerous written and verbal requests made by the Claimant’s collection agents the Defendant has failed to pay the said sum and remains indebted to the Claimant.

6. The Claimant is entitled to claim contractual interest pursuant to the terms of the Credit Agreement at a rate of 1 7.00% per annum from the date of assignment to the date ofjudgment or sooner payment being at a daily rate of2.83.

7. The Claimant is entitled to claim post judgment contractual interest pursuant to the terms of the Credit Agreement at a rate of I 7.000/0 per annum.

or sooner payment.

AND THE CLAIMANT CLAIMS

1. Principal sum of6,065.66.

2. Contractual interest on (1) above from date of assignment to date of issue in the sum of

£2,728.12

3. Contractual interest on (1) above from date of issue to date of judgment or earlier payment at a daily rate of2.83.

4---Gr-in the alternative, statutory interest pursuant to section -69 of the-County Courts Act 1984 to be assessed.

Dated: 10 March 2011

Statement of Truth

The Claimant believes the facts stated in these particulars of claim are true.

I am duly authorised by the Claimant to sign these Particulars of Claim.

Full Name: Mr Jonathan Tytherleigh

Signed

Litigation Paralegal

Name of Claimant Solicitor’s firm

[DonkeyB]

OK, you mentioned you got a copy of your credit agreement on 17/9/2010. Can you please post up what they sent? Please post inline as a PDF and blank out your personal details.

 

Need to see if it complies with s 78.

 

Then we’ll get the CPR done. This will be fast track, so they will have to disclose plenty.

[42man]

Just adding this for reference - there is a thread somewhere on here by a cagger called vjohn - which was similar from what I can remember...

 

Incorrect assignments

 

 

1 3. In respect of paragraph 1, the Defendant can make no admission as to the business which the Claimant undertakes as this is outwith the Defendants own knowledge. The Defendant however denies that on the 22nd August 2007 the Defendants account was assigned either by legal assignment or by equity to the Claimant being HFO capital Limited (Ireland), the reasons for this denial are as follows.

 

3.1 The Claimant company did not become incorporated in Ireland until 18th

September 2007.and even at that point, the Claimant companies name was not HFO

Capital Limited, it was in fact Salaka Limited at September 2007.

 

3.2 The Claimants own solicitors now concede no assignment to the Claimant dated 22nd August 2007 has occurred thus contradicting the Claimants own pleadings. The Claimants pleadings ought to properly plead the facts, which it relies upon pursuant to CPR 16. The Claimants current statement of case is contradicted by its own witness evidence and is embarrassing to the Defendant. If the Claimant cannot properly formulate its claim how can the Defendant be expected to know the case that it is to meet. This point alone gives rise to an abuse of the Courts process in obstructing the just disposal of this matter. The Defendant contends that the Court ought to use its case management powers under CPR 3.4(2) and dismiss the Claim for the reasons outlined within this Defence. The Claimant has no prospect of succeeding with its pleaded case and the Claimants failings go far beyond minor technical breaches, they represent substansive failures on the Claimants part and suggest that the Claimant does not know the facts of its own case. In the event that the Claimant seeks to amend its statement of case, the Defendant will also require leave to amend and costs of the aforesaid amendments from the Claimant.

 

3.3 The Claimant company did not hold a Consumer Credit Licence with the Office of Fair Trading until 26th March 2008 as required by the Consumer Credit Act 1974 to take part in licensable activities. Any activities carried out prior to this date such as debt collectionwould give rise to a criminal offence pursuant to s39 Consumer Credit Act 1974.

 

3.4 The notice of assignment produced by the Claimant in the witness statement of Mr XXXXXXXXX avers that there was an assignment to the Claimant company on the 22nd August 2007 however this document is clearly inaccurate and the date of assignment to the Claimant must therefore be incorrect due to the Claimants own admissions. The Defendant understands notice of assignment relied upon by the Claimant was produced by the Claimant under licence by BarclaysBank Pic to use their letterhead.

2 It is not permissible to give notice of a future assignment per Pickthall vs Hill

Dickinson Lip &Anor [2009] EWCA Civ 543 (11 June 2009) accordingly the

assignment fails for want of notice. There can be no assignment from Barclays Bank Pic T/A Barclaycard to the Claimant contrary to the Claimants pleaded case.

 

3.5 The Defendant approached Barclays Bank Plc under the concerns, which had been raised to ascertain who the assignment had been concluded with and who was able to give good discharge under the Contract. By letter dated 25th November 2010 Barclays confirmed that the Defendants account had been sold to HFO capital, however, the address given being PO Box 342. West Bvfleet. Surrey. KT14 6YX. United Kingdom, upon investigation with the Office of Fair Trading's Consumer Credit Licence Register, was confirmed to be the correspondence address of HFO services Limited a separate trading company.

3.6 Within the statement of Mr XXXX he refers to the case of Bateman v Hunt as

the proposition that the Claimant need only show the last assignment. The Defendant will say that Nemo dot quod non habet applies, as the Claimant cannot obtain something directly from the original creditor, which the original creditor does not own at that point. It is evident that the Claimant will need to show a chain of assignment for it to obtain good title and locus in this matter and as matters stand the Claimant has not done so. The Defendant is embarrassed by the Claimants contradictions in respect of the assignment.

 

3.7 Accordingly the Defendant avers that no assignment has taken place in

accordance with the Law of Property Act 1925. Accordingly the Claimant has no

locus in this matter. The Claim is an abuse of the Court process.

 

3.8 Furthermore, the Defendant refers to CPR 32.14(1) and avers that the substantial material differences between the Claimants pleaded case and the witness statements submitted during these proceedings shows that the Claimant has signed a false statement of truth. Furthermore the Defendant avers that the Claimant and its representatives would have been fully aware that the facts of the pleaded case were incorrect and that this is not a mistake but a clear attempt to frustrate proceedings and obstruct the just disposal of the matter. The Defendant contends that the Claimant is in contempt of Court.

 

 

[dx100uk]

use this method to post docs etc

 

scan the required letters/agreements/sheets

as a picture file

remove all pers info inc barcodes etc using paint

but leave all figures and dates.

goto one of the many free online pdf converter websites

convert the image to pdf format.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

NB:you can set where it goes in the post by hitting insert inline.

the hit reply button

dx

[coledog]

I think it is OK to send the CPR letter I posted above to TR, send recorded.

 

If you can scan and post up the credit agreement that would be very useful

[anneboleyn]

I think it is OK to send the CPR letter I posted above to TR, send recorded.

 

If you can scan and post up the credit agreement that would be very useful

 

Hopefully this should post..cred.pdf

[DonkeyB]

Right to cancel? Can’t see it. No sign of the T&Cs?

[anneboleyn]

Right to cancel? Can’t see it. No sign of the T&Cs?

 

Sp please tell me what I can do now in laymans terms?

I acknowedged with the court 20/3/11 stating I acknowledged part of claim ( yes i do owe money, and was paying it with another agent) so no doubt of that but am going to defend the rest I don think I have much time left now to do things.......do I?

[42man]

As you have acknowledged part of the claim you will get a CCJ.....so I wouldn't even send the CPR letter.

[coledog]

I think that you should have defended it all but never mind.

 

Not clued up on defending a part claim but presume you have to?

[42man]

You cant defend a partial claim on a bad agreement, default notice, termiation notice, assignment etc....the only potential way you can 'partly' defned a court claim is (in this case) from excessive charges or maybe missold PPI.....

[coledog]

Can the excessive interest claimed after the sale be defended?

[42man]

No....read this - http://www.consumeractiongroup.co.uk/forum/showthread.php?157091

[anneboleyn]

Oh dear...........

Well thank you for all your time and effort. It wont be the last clain I get stng with and will learn from this

[DonkeyB]

Sp please tell me what I can do now in laymans terms?

I acknowedged with the court 20/3/11 stating I acknowledged part of claim ( yes i do owe money, and was paying it with another agent) so no doubt of that but am going to defend the rest I don think I have much time left now to do things.......do I?

 

You did what?

 

But you have no proof that they even own the account! You have now acknowledged that you owe HFO money. Your only acknowledgment is that you owed Barclaycard money.

 

Why did you not follow what we were saying?

 

I’m Duncan Bannatyne...

[coledog]

Presume there is no way of changing this ack on the basis that AB did not fully understand the claim? Bugger, what a shame.

[broken arrow]

Ooops, yes you owed Barclaycard, but I doubt you owe HFO anything, IMO without prejudice.

[DonkeyB]

anneboleyn, what happened with this?