HFO & Turnbull Rutherford have issued me with a summons and I'm freaked

[Teapee]

HFO wrote to me out of the blue in Dec 2010. They sent me an aerial photo of my home, equifax report and lots of other stuff. Using your templates I wrote to them with and require £1 postal order. They ignored it. They wrote twice more ignoring my letters asking them to provide me with proof.

 

I wrote to the solicitors also but they have also ignored me. I now have a summons and don't know what to do.

 

I have copies of the letters but I stupidly didn't keep proof of posting or of the postal order. What can I do?

[Tingy]

The thing that springs immediately to mind off the top of my head is to send them and the solicitors an SAR. You will then get everything they hold about you which should include the letters you sent.

 

As you know they have ignored a legal requirement. Don't say this when you send an SAR - if you want a template I can post one up. If you do go this route get at least Proof of Postage (receipt is assumed by a court, but some like the reassurance of a signature by going the slightly more expensive way of sending Recorded Delivery.

[coledog]

Hi and Welcome

 

Have you actually received a court claim? are you able to scan up or type in what you what you have received, with personal details removed?

 

I am going to ask the site team to move this thread to the legal forum then it is in the right place

[cerberusalert]

moved to the legal Forum.

[bugsy123]

Is this a court claim form? You need to respond to the claim form via the courts to say you are going to defend the claim in full! A subject access only goes to the original creditor. You can CCA request HFO. Please type HFO into the search box on this forum and read some of the threads about this company. These clowns are issuing as many claims as possible in the hope nobody defends,because as you will read they are under scrutiny from the Office Of Fair Trading regarding their credit license. Please read!!

[coledog]

Teapee

 

If you can give us some more info and actually what is in the Claim form, we can help

[broken arrow]

Subbing

[DonkeyB]

Subby poo too.

[42man]

You might also find this useful too.... - http://www.consumeractiongroup.co.uk/forum/showthread.php?241827-Legal-Action-how-to-start-off.-IMPORTANT-IF-YOURE-BEING-SUED(1-Viewing)-nbsp

[DonkeyB]

First of all, I suggest you write to TR advising them that they should not be taking such enforcement action while in default of a CCA request. Invite them to discontinue. Do not acknowledge any debt.

 

This is tactical. You'll defend this anyway. But telling them they have made an error and giving them some rope will truly hang them, especially with the OFT, if they continue the claim.

[sillygirl1]

Surprised they are still allowed to create new cases for the courts when they may not have locus standii in the first place.

[riolto10]

Surprised they are still allowed to create new cases for the courts when they may not have locus standii in the first place.

Courts are not interested they are their to rake in money and as in my case not listen to the arguements put to them but to rubber stamp solicitors representing the claimant

[DonkeyB]

Where has teapee gone? Hope it's not 'tea-are' taking the pee.

[coledog]

I was wondering that! Unless they lost the link when the thread got moved

[DonkeyB]

Teapee has a PM.

[Teapee]

Thanks for all the replies. I'm not great with IT so I've typed it out.

 

HFO sent me copies of statement extracts the earliest being 6/1/05 the latest 5/7/05 relating to the amount they say I owe.

 

"The claim is for monies due from the Defendant under an interest - bearing credit agreement. The defendant defaulted on this agreement. The Claimant HFO Services Ltd is a services and collections company which collects debts for HFO Capital Ltd. HFO Capital purchased the defendants account and all rights and obligations attaching thereto from the original lender on(no date submitted here) Notice of assignment has been provided to the Defendant. The Claimant claims £225 being instalment arrears due from the Defendant. On satisfaction of this claim and the costs there will be an unpaid balance of (no amount) to be paid by the Defendant which is acruing interest at the contractural rate of 12% pa.

 

I panicked with the court summons and sent this back to the court.

 

 

Please see extracts of two letters sent to HFO Services which they

have failed to respond to. I enclosed the £1 postal on 9/12/10 as

required. These letters were also sent to Turnbull Rutherford

Solicitors 11 February 2011 but again I have not had any reply I

have no record or details of the debt they say I owe. All I have

ever received are 3 standard letters from HFO and 2 from the

solicitors. I feel bullied and intimidated by their threats,

photographs of the house I live and now this summons.

 

9/12/10

 

Dear Sir/Madam

Re:− Account/Reference Number

This letter is a formal request pursuant to s.77(1) of the

Consumer Credit Act 1974. I require you to provide me with a true

copy of the credit agreement relating to the above account,

together with any other documentation the Act requires you to

provide.

I expect you to comply fully and properly with this request,

within the statutory time limit. You are reminded that should you

fail to comply with my request, the provisions of s.77(6) will

apply.

 

If it is your view that you are not the creditor, s.175 of the CCA

1974 applies in the case of a simple assignment, and places a duty

upon you to pass this request to the creditor. In the case of an

absolute assignment, you are a creditor as defined by s.189. If

you contend that you purchased the rights but not the duties of

any agreement, you are reminded that s.189 of the Act is clear

that an assignment is of both rights and duties.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer

Protection From Unfair Trading Regulations 2008 (CPUTR).

 

I enclose a postal order in the sum of £1.00, which is the

statutory fee. Note that these funds are not to be used for any

other purpose.

 

2nd letter dated 30/1/11

 

 

31/1/11

Dear Sir/Madam

Re:− Account/Reference Number

Second request First request made 9/12/11

This letter is a formal request pursuant to s.77(1) of the

Consumer Credit Act 1974. I require you to provide me with a true

copy of the credit agreement relating to the above account,

together with any other documentation the Act requires you to

provide.

[coledog]

Have you actually acknowledged the claim and said you are going to defend it?

 

What is the date on the Claim Form?

 

It is a 'Split claim' they are claiming instalment arrears only and easy to defend. Under the 'County court Act', if they won this they would not be able to bring a further claim for the balance as it would be multiple claims for the same cause of action but they usually 'stay' the proceedings if you defend.

[Teapee]

I replied to the summons. It was issued 1/6/11 and I replied yesterday I think. Below is what I said.

 

" Please see extracts of two letters sent to HFO Services which they

have failed to respond to. I enclosed the £1 postal on 9/12/10 as

required. These letters were also sent to Turnbull Rutherford

Solicitors 11 February 2011 but again I have not had any reply I

have no record or details of the debt they say I owe. All I have

ever received are 3 standard letters from HFO and 2 from the

solicitors. I feel bullied and intimidated by their threats,

photographs of the house I live and now this summons. "

[coledog]

Did you submit this as a Defence? How did you send it to the court?

[Teapee]

I did and did via Money claims online. What's puzzling me and concerning me is that the actual summons has gaps in amounts and dates. They can't add stuff in can they?

[coledog]

No - they have just issued a very vague POC which it is defend in itself. I could have given you a far more detailed defence and you could have requested more info from them before submitting it but actually, what you have done is fine. You have basically told them your objections and let them get on with it. If they want to take this further they must reply to your defence within 28 days and provide further information which you can respond to but I have never known them do this for a 'split claim'. If they don't respond, the claim is stayed and sits on file.

 

They issue these in the hope of getting a 'default judgement', I think. This would mean they could put more pressure on people who do not understand the process.

 

I still think that you need to write a letter to TR along the lines suggested by DB and add that you have defended this.

 

I presume the Original creditor is not named on the POC. Who is the OC out of interest?

 

You must write a letter of complaint to OFT with copies of all the correspondence including the personal data. Send to

 

James Waldron, and the address is OFT, Fleet Bank House, 2-6 Salisbury Square, London, EC4 8JX.

 

HFO are currently having there license reviewed so any complaint is a nail in the old coffin.

[Teapee]

The OC is Barclaycard.

 

Sorry to keep going on but does Donkey B mean the CPR31.14 letter or just a general letter saying you haven't replied etc

[Teapee]

Letter to OFT complete, giving details on their failure to reply to CCA and mentioning the aerial photo's of house and bullying etc. All adds to it I hope.

[coledog]

Figures that it is Barclaycard - did you have an account with Barclaycard? If so, how long ago?

 

Letter to TR, try this format and update as necessary

 

 

Dear Sirs

 

I acknowledge no debt to your Client.

 

I am in receipt of you claim reference xxxx and have submitted a defence to this claim.

 

I am assuming that this 'partial claim' is in respect of Account ref xxxx having received correspondence about this from HFO Services, although the Particulars of Claim do not actually reference or identify the actual debt.

 

Please note that I wrote to your Client on (details of letters sent) and submitted a request under Section 78 of the Consumer Credit Act. Your Client has not responded to this correspondence. Copies are enclosed for your information.

 

Please be advised that I do not consider it appropriate that you undertake such enforcement action while in default of a CCA request. I would request that you discontinue this action forthwith

 

Your Faithfully

[coledog]

You can document all the stuff that you sent to HFO and TR, I cannot remember the details, sorry