letter says - HFO got a CCJ against me - real?

[Tingy]

I got a letter today saying that a CCJ had been awarded against me by HFO. The thing is I have not had any commication from them whatsoever, not a single letter. I do not understand how this is possible, nor do I know what I can do. To be honest there's little point I think in trying to get it set aside

as I do owe the money so the CCJ is fair in one way. However the deceptive way in which they got it makes me fume and I wonder if there is anything I can do to report this.

 

I've written to the solicitors to ask what address they've been writing to, and I'm lucky in that we've been awaiting bankruptcy for three years anyway so I've also told them, perhaps foolishly, that we cannot afford to pay anything and asked them to make us bankrupt saying it would be a relief from the other debts. I've offered £1.00 per month but said I have no intention of getting involved in a series of adminstrative exchanges - they either accept it or make me bankrupt.

 

What do people think?

[cerberusalert]

Have you moved address recently? If not I'd take what they say with a pinch of salt until they prove the existence of a ccj.

 

If they have obtained it using a previous address you can get it set-aside on that fact alone which will put the a/c back to square one & they'll probably think twice about pursuing it a second time.

[harrassed senior]

This just beggers belief, though I suppose being a member of CAG nothing like this should surprise us.

 

I can see your point in not bothering for some kind of set aside, but I guess you will just be counted by them as another 'sucker' they have brow beaten (I don't mean that to be 'nasty' just what THEY will think).

 

I know only too well the feeling of bring it on and do your worst, is will almost be a 'victory' to be rid of all the despair and worry.

 

I wish you luck in whatever you decide to do.

[FORMISTER]

Well obviously they know your current address as they have written to tell you that they have been awarded the CCJ. So it will be interesting to see at what address the N1 forms etc were sent to.

 

Is it a deliberate ploy to obtain judgement without a defence being entered?

[Tingy]

Thaks for the replies everyone, and no I have lived at my current address for almost exactly six years. Also as has been mentioned, they know my address as they sent this letter to me.

 

Cerberusalert, the more I read the letter the more I suspect you may be right. The letter was from Turnbull Ritherford Solicitors and says Judgment Balance 11794.23; Clients Contractual Interest 12.00%; Current Balance £16196.01

 

The letter starts, "Folowing litigation against you in this matter, our Client was successful in obtaining judgment. This has been registered with The Register of Judgments, Orders and Fines and is now a matter of public record."

 

This all sounds very plausible, but I've had CCJ's before, and every single one has come direct from the court with the court seal on it. It also encloses an IE sheet which, had I known about it and it's genuine, I'd have submitted.

 

Perhaps my couldn't care less attitude in my reply asking them to make me bankrupt or accept £1.00 per month and refusing to get involved in an endless exchange of letters was, fortunately, the best thing I could have done whether it is genuine or not.

 

Does anyone know if there's an online version of The Register of Judgments, Orders and Fines?

 

Thanks again for all replies so far.

[FORMISTER]

There is somewhere as I have used it

[Tingy]

Found it, searched it and nothing new showing. Am I safe to believe they were lying in their letter, and if so, can I do anything about it?

[dx100uk]

tingy

 

you fell for that old letter

 

theres me thinking you were wiser than that...............................

 

dx

[dx100uk]

yep ignore them!!

 

dx

[rockwell304]

tingy

 

you fell for that old letter

 

theres me thinking you were wiser than that...............................

 

dx

 

Tingy,

 

Am I being completely thick? I just can't see what they have to gain by doing this!

[Tingy]

Wise? Don't delude yourself - especially after 9 hours sanding down a motorhome ready for respraying. I can hardly move, let alone think! lol

 

Seriously I'd never heard of that before. Heard it with SD's loads of times, but not CCJ's. So given that I have it in black and white here that thte firm of solicitors have lied through their teeth, what can I do about it interms of (a) reporting them - know the answer to that one actually (b) claiming compensation - what would be considered as reasonable for someone who suffers from a severe mental illness and for whom if this arrived at the wrong time could have led to suicide?

 

Most of the time I'm normal by the way as I've never mentioned my illness in public on this site before, but at times I am extremely ill indeed. I'm under 3 consultants and a counsellor and have been told two weeks ago that I must never do paid work again. Not a good thing to be told aged 47. I'm not on benefits (except DLA) and rely on a small pension for existing. I'm also not one to sit on my backside and do nothing and am well along the route to setting up a basic money advice centre in our local community. I live in a beautiful part of South Wales but an area where sadly thre is no ambition and the culture is to leave school and go onto benefits. Many then get into substance abuse, drugs, alcohol and then on into crime. While there's lots being done to try to boost the school age children, for those who have got onto benefits and are getting into debt, there is nothing in terms of help, so I'm looking at trying to get a safety net in place for them to try and reduce the number who end up going down the wrong route.

 

My consultants are all for it. They are not saying I won't be well enough to work again, but that when I am well enough, the jobs I would get would be so menial for someone with three degrees and God knows how many post graduate qualifications that I would get bored and become ill very quickly again which defeats the point of going back to work. Doing something like this uses what intellect I have and benefits the community in which I live directly. I've also forged links so that in future it can feed into adult literacy and numeracy classes etc... so it could be a real worthwhile project if I can get it going, which I thnk I can.

 

I wasn't expecting to open up like that on here tonight, but there we go.

 

More important than me, how do I get these evil solicitors?

[cerberusalert]

Complain to the OFT and Trading Standards... they are in breach of OFT guidelines.

False representation of authority and/or legal position

2.3 Those contacting debtors must not be deceitful by misrepresenting their authority

and/or the correct legal position.

2.4 Examples of unfair practices are as follows:

a. falsely implying or claiming authority, for example, claiming to work on

instructions from the courts, claiming to be bailiffs or, in Scotland,

sheriff officers or messenger-at-arms

b. falsely implying or stating that action can or will be taken when it legally

cannot, for example, referring to bankruptcy or sequestration proceedings

when the balance is too low to qualify for such proceedings or claiming a

right of entry when no court order to this effect has been granted

c. misrepresenting status or backing, such as

• using a logo which falsely implies government backing

• using a business name which implies public body status, or

• falsely claiming trade body membership

d. falsely implying or stating that action has been taken when it has not, for

example, that civil action has been taken or that a court judgment has

already been obtained

e. falsely implying or stating that failure to pay a debt is a criminal

offence or that criminal proceedings will be brought

f. pursuing third parties for payment when they are not liable

g. taking or threatening to take court action in the wrong jurisdiction, for

example, taking action against a Scottish debtor in an English court unless

legally justified.

Page 4 http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

[Tingy]

Thank you! I know there's a body set up for complaining about solicitors who are acting "against" you, so they will be getting a complaint as well.

[hillards]

More important than me, how do I get these evil solicitors?

If we're putting suggestions forward I reckon dynamite would be suitable. There's a certain telephone exchange in Gurgoan that seems to be the hub for most of the calls HFO make.

 

Apart from that, you need to take some sort of action against them for the blatant lies in issuing such rubbish. It's illegal to impersonate a Police Officer, there must be something about implying they have a CCJ when that's simply not the case. I wonder if they have started their own register or something - oh so easy to add loads of names and addresses and publish that somewhere...? Oh, better not say any more, I don't want to give HFO ideas ! Wasn't there a Scottish Bureau of something or other at one point? That turned out to be a DCA too.

[DonkeyB]

This may well be at least the second instance of this - there's another case outside CAG. Can you post up the letter you received?

 

Have they said when they claim the judgment was awarded? And how do you know you owe the money? Who was the OC?

 

And I wonder if the case went through City of London? Hmmm...

[DonkeyB]

And it is worth getting it set aside. These people are pure evil, as the rest of the HFO Fan Club will tell you... there are tons of reasons why you do not owe that money, not least being the fact of the interest charged.

 

Tell us all you can. We want to get these jokers shut down.

[vjohn82]

It's simply an admin error... they haven't done anything wrong. HFO and Turnbull play everything by the book and have won awards for their outstanding customer service, have empathy with all debtors and do everything by the book.

 

Why fellow CAGGERS keep bashing this firm and believe that they are in breach of the Consumer Protection from Unfair Trading Regulations 2008 and the OFT Debt Collection Guidance 2.4 (d) in falsely implying or stating that action has been taken when it has not, for example, that civil action has been taken or that a court judgment has already been obtained is beyond me.

 

How dare we smear their good name and exemplary record!!!

[coledog]

Tingy get that letter posted. Have they attached the actual judgement? What else have they sent? Do a search of Trust Online and check if there is a CCJ against you. It costs £8 but well worth it. Is this letter actually from TR as this is a serious complaint to SRA and others. Unbelievable

[coledog]

VJ get off the happy juice!

[The Mould]

Good evening Tingy

 

This may be relevant to your case:

 

Mailicious communication

The Malicious Communications Act 1988

 

s.1 makes it a criminal offence to send (a) an indecent or grossly offensive or threatening letter or article or (b) information which is false and known or believed to be false by the sender if his purpose, or one of his purposes, cause distress or anxiety to the recipient.

 

Kind regards

 

The Mould

[Tingy]

Done the search, paid my £8.00 and no judgment.

 

Don't kow how to scan into here so as it's fairly short will type it, bearing it mind it's on headed paper from Turnbull Rutherford Soliciotrs, 165 The Broadway, Wimbledon, SW19 1NE

 

Tel: 020 3027 0132 Fax: 020 8545 6633 E-mail: enquiries@turnbull rutherford.com

Direct Line:020 3027 0133

 

Dear Tingy,

 

Our Client: HFO Services Limited

 

Claim Reference: abcdefg

Judgment Balance: £11,794.23

Client's Contractual Interest: 12%

Current Balance £16,196.01 (Including Post judgment interest)

 

Following litigation against you in this matter, our Client was successful in obtaining judgment. This has been registered with The Register of Judgments, Orders and Fines and is now of public record. Our client has now asked us to review your account for further enforcement.

 

Our Client continues to charge post-judgment interest on this account at its contractual rate which is currently 12%. What this means is that you debt is increasing on a daily basis, and will continue to do so unless you take steps to resolve this matter.

 

Our Client may be able to freeze interest on this account and refrain from further enforcement if you can enter into an appropriate repayment arrangement. If you would like to enter into such an arrangement, please complete the form attached and return it to us alternatively you can call me on 020 3027 0133.

 

We look forward to hearing from you.

 

Yours faithfully

 

 

 

Victoria Haylock

Turnbull Rutherford Solicitors

 

There then follows a statement of account from the day the assignment was made in 2008 up to the present day. After that is a Financial Questionnaire which starts with a box In the (box) and in the box they have typed County Court and then the same claim reference as was on the front. There then follows a pathetic three sheet questionnaireasking name, address, employment status and details, residence, Your own property, savings investments and other assets, bank details, debts, offer of payment.

 

 

Hardly a proper IE form! That is the letter.

Edited April 6, 2011 by Tingy

[Tingy]

This was my reply to them:

 

Dear Ms Haylock,

Please could you write back by return and explain what address you wrote to regarding pre-court action as I knew nothing whatsoever about this court case. I find it underhand and disgusting that you and your client are obtaining judgments against people at the moment without the knowledge of the defendant. I have looked on the computer and am horrified just how many judgments HFO have obtained without the defendant knowing anything about it. Surely this cannot be lawful.

Even if it is I have nothing to lose. I will be reporting you to the relevant authority and HFO to the OFT. I have many debts and file them religiously. I have not even had a single letter regarding this from you.

I would ask that you freeze all interest and charges please. As regards further enforcement I must inform you that we have been to see CAB and have been advised to stop all payments to creditors and wait for someone to make me bankrupt.

Should you require an Income Expenditure form I will be happy to supply one, but this is my situation.

I suffer from a very severe mental health illness which means that I am no longer even counted as an adult in the house for legal purposes. I live on a small pension which is my sole income. I have had to sell my house and have literally no assets of any value. Bailiffs have been here several times and left saying I cannot afford to pay anything.

I have been told I will never again return to paid work due to the severity of my mental health condition and so there is no possibility of this changing. The rest of my life is in my house, as I daren’t go out without my 24 hour carer, and even then sometimes cannot manage to go out. I have made two suicide attempts.

Please make me bankrupt as you will be doing me a massive favour stopping all the other goodness knows how many creditors endlessly writing to me and I may finally get some peace into my life.

I will of course be applying to the court for a set aside so they can see exactly what sort of person you are gaining a judgment against without even informing them. I will call as my witnesses my Consultant Psychiatrist, my Consultant Psychologist, my Consultant Neurologist, my General Practitioner and my Counsellor. Perhaps the court will get a clear idea of how unable I am to manage anything financial then and how evil and deceptive you and your client’s methods are. I am tempted to take this story to the national press who I am sure would be interested. That would do wonders for your reputation.

Should you want to avoid the cost of making me bankrupt and avoid returning to court to be exposed for what you are, I am not going to fill out any forms whatsoever, but will make you an offer of more than I can afford of £1.00 per month. Should you wish to accept this, please write back with your bank details and I will set up a standing order.

If I do not hear anything within 14 days of this letter I assume you are refusing this offer.

Yours sincerely,

[coledog]

Good Evening Mould

 

Very Glad to see you on board and back in the fight, appreciated

[dx100uk]

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.

or ir you have PDF as an installed printer drive use that

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

[DonkeyB]

Suggest a call to Northampton to see if there is a default claim with this number.

 

Who is the OC? Looks like a Welcome or Citi account if it's 2008.

 

Most important thing is to establish if there is a judgment, but not just via Registry Trust.