hfo services - help please

[broken arrow]

The Defence has been used previous resulting in a number of stays as they have not responded, there is no guarantee of them not responding, but if that happens we are ready.

[fscot61]

just an update

 

today I posted reminder to TR and defence to the court.

[broken arrow]

No CPR reply then.

[fscot61]

nothing yet

[broken arrow]

nothing yet

 

Don,t hold your breath, they will now have a similar time as you 33 days to reply to your defence, if it follows as their previous claims for arrears, they won,t but you never know, I would like to see them try though, but either way don,t worry.

[broken arrow]

Cheers

[bugsy123]

subbing

[DonkeyB]

Still all quiet?

[fscot61]

been quiet since 17th may when I got acknowledgement of defence from court. Heard nothing within timescale so assumed it was stayed.

 

Got letter from HFO yesterday entitled "response to request of documents" and that my account will be referred back to Business Support group. who will contact me to discuss outstanding balance.

 

they have enclosed:-

 

1. a copy of the original application form

 

2. copy of default notice issued by Mercers on 13 May 2005.

 

3. letter from Barclaycard dated 24 June 2011 (addressed to me but not sent to me). they quote section 78 of CCA and state they have met the CPR . they enclose a statement of account, and a copy of the agreement (albeit a bit blurry).

 

 

I assume HFO have modified their tactics and are likely to go to court again ?

 

 

any info/advice appreciated.

 

thanks

[broken arrow]

If the claim is stayed, then they will have to apply to lift the stay first.

[DonkeyB]

been quiet since 17th may when I got acknowledgement of defence from court. Heard nothing within timescale so assumed it was stayed.

It will now be stayed. HFO would have to apply to the court to lift the stay.

 

Got letter from HFO yesterday entitled "response to request of documents" and that my account will be referred back to Business Support group. who will contact me to discuss outstanding balance.

Er, no. No discussion on any balance. The correct route is through the courts...

 

they have enclosed:-

 

1. a copy of the original application form

 

2. copy of default notice issued by Mercers on 13 May 2005.

Which implies that the last payment was well before this, as we know. Have you gotten yet from Barclaycard the date of the last payment made? If not, call them and find out!

 

3. letter from Barclaycard dated 24 June 2011 (addressed to me but not sent to me). they quote section 78 of CCA and state they have met the CPR . they enclose a statement of account, and a copy of the agreement (albeit a bit blurry).

Have they sent any T&Cs with this, from when the account was opened, and up to the time it was sold?

 

 

I assume HFO have modified their tactics and are likely to go to court again ?

 

 

any info/advice appreciated.

 

thanks

 

Can you post up the agreement and any T&Cs supplied?

 

It’s still a split claim, remember – they have dug themselves a very deep hole here.

[fscot61]

thanks

 

Last payment was feb 2007 - I had made a few payments to Mercers before the account was passed to HFO.

 

yes there are T&C - will try to scan them later tonight.

[coledog]

Have you rung the court and asked if this has been 'stayed'?

[fscot61]

Case was stayed on 20 June.

 

have issues with scanner - will try again later tonight.

[broken arrow]

Case was stayed on 20 June.

 

have issues with scanner - will try again later tonight.

 

Looks like HFO have a problem then, I am not aware of them applying to lift any of these stayed part claims.

Edited July 19, 2011 by broken arrow

[fscot61]

indeed,

 

but is there anything stopping them going for a new claim for the whole amount?

 

They are up to something otherwise why bother in trying to meet the CPR ?

[DonkeyB]

The account is already the subject of a claim. They can’t start another!

 

And the OFT are on their back...

[sillygirl1]

They would be silly to try as you can cross reference to the original claim and state that there is no substantial difference between the claims, it is the same money they are trying to obtain by dubious means.

[coledog]

Only thing really is to hang on and see what kind of stunt they may try to pull. If you can post up what they have sent you, that would help.

[fscot61]

ok thanks for that.

 

Just wondering whether HFO have done anything similar with other (post "stay") cases ?

[coledog]

Not that we know of!

[broken arrow]

indeed,

 

but is there anything stopping them going for a new claim for the whole amount?

 

They are up to something otherwise why bother in trying to meet the CPR ?

 

35 Division of causes of action.E+WIt shall not be lawful for any plaintiff to divide any cause of action for the purpose of bringing two or more actions in one or more of the county courts.

[broken arrow]

Legally their only option would be to apply to lift the stay, they cant start a new claim, section 35 of The County Courts act 1985 prohibits this.If they did apply to lift the stay, because of their POC in the claim, you will have them by the balls, it would be a stupid move now to try and apply to lift the stay.So the only option open to them is to ask you to pay.

[fscot61]

hi guys

 

long time with no activity, until a couple of weeks ago when I received a "discontinuance" letter.

 

I've spotted a few other threads on here with the same activity. I'll read before deciding what to do.

[coledog]

Hit them for costs!!

 

Details please