Hfo turnbulls court proceeding pls help!!

[wunder]

Thanks guys, complaint was sent today. I'll write to TR short and sweet, and keep you updated.

[wunder]

I'll check the case law CD had advised and write to TR re the agreement.

[wunder]

I have lodged complaints with the OFT and SRA. I have also notified the court of the behaviour of TR and HFO. I am awaiting the complaint to be at least looked at and I shall be writing to TR on Monday.

 

CD many thanks I have looked at that case law and is is very interesting, in particular that it was not sufficient for the piece of paper signed by the debtor merely to cross refer to the prescribed terms without a copy of those terms being supplied to the debtor at the point of signature & where the debtor's signature and the prescribed terms appeared on separate pieces of paper, the questions of whether those pieces of paper together constituted one document was a question of substance and not form.

[coledog]

Sounds good - add that to the letter

[wunder]

I have come across this http://www.turnbullrutherford.co/tc2.html

[coledog]

Looks to be correct

[wunder]

Hi guys,

 

Got a call from OFT, they are looking seriously into the complaint re HFO and TR, good news!

Edited September 12, 2011 by wunder

[coledog]

Cool!

[BRIGADIER2JCS]

:whoo::whoo:

[wunder]

Hi Guys,

 

Confirmation email from court received, the claim was stayed on 27th June 2011....great!

[BRIGADIER2JCS]

Indefinite stay:whoo:

[DonkeyB]

They have tried to restart a case recently... so keep focused.

[wunder]

Hi Guys,

 

I am thinking of sending this letter to TR, any opinions on it will be very useful;

 

Thank you for letter dated xx

 

In my letter of xxx I made a request for a copy of the executed credit agreement for the above mentioned account under the Consumer Credit Act 1974 section 78. The document provided does not comply with the requirements of section 78 because

 

1. The document is not easily legible as required by Regulation 2 Consumer

Credit Cancellation Notices and Copies of Documents Regulations 1983.

 

2 No copy of relevant terms and conditions at the time of the agreement was received.

 

3. No statement of the account has been received.

 

CCA agreements and their substance and form was decided in Carey v HSBC, in particular that it was not sufficient for the piece of paper signed by the debtor merely to cross refer to the prescribed terms without a copy of those terms being supplied to the debtor at the point of signature & where the debtor's signature and the prescribed terms appeared on separate pieces of paper, the questions of whether those pieces of paper together constituted one document was a question of substance and not form. Hence the document you have sent with separate terms does not comply with the findings in Carey. Such terms and conditions should be on the document itself that has been signed by the debtor.

 

You have also not complied with my CPR requests dated xxxxx. Hence the requested documents within that request have not been received.

 

You have in your letters dated xxxx given me misleading information that you are in a position to request a summary judgment. However the claim was stayed on 27th June 2011, please see attached confirmation, hence you have in your letters given me misleading information re your position with the claim. You would have to apply to the court to have the stay lifted before a summary judgment can be applied for.

 

 

 

In light of the above and your misconduct in this matter I have lodged a complaint with the OFT re HFO Capital Limited and also re your firm, and they are looking into my complaint.

 

I have also lodged a complaint with the SRA re your misconduct in stating misleading information, which constitute threats of actions that you are at this stage not able to take.

 

I have also notified the court of your misconduct and also forwarded them evidence of this.

 

I anticipate that your misconduct re this matter shall now not continue and I suggest that you reevaluate your position re this matter

[DonkeyB]

Excellent. Spot on. It’s so good I’d even pay for special delivery!

[DonkeyB]

You might want to demand that they treat your letter as a serious complaint and deal with it according to SRA guidelines.

[wunder]

Haha thanks Donkey sure will have it sent by SD. Many thanks

[wunder]

Hi Guys,

 

I will again appreciate all opinions on this.

 

TR have responded and I attach the response. Funny how they say they wrote to the court to have the case transferred and it was sent by DX and neither the court received it nor me!

 

Also their 'alleged' letter was dated before the request for the CPR, which they still have not complied with. Ahhhhh see how they NOW say seek legal advice when they know OFT are involved. Funny how previously they were demanding for me to contact them to settle payments when the debt was in dispute!

Turnbulls response 16.09.11 pg2.pdf

Turnbulls response 16.09.11 pg 3.pdf

Turnbulls response 16.09.11 pg1.pdf

[DonkeyB]

Just get that chain of letters to the OFT. So they reckon the DX system failed, and so did the Royal Mail? What a coincidence! Frankly unbelievable. The OFT should be raiding TR and doing some forensic work on their PCs to see exactly when those letters were written. You should also demand a copy of their DX log.

 

Liar, liar, pants on fire. They still also have the problem of the illegal assignment to overcome.

[DonkeyB]

When did you receive a letter from the court stating your defence had been received?

[DonkeyB]

And on what date did you actually enter your defence?

[wunder]

The defence was submitted in May and the court letter confirms this. (will have to check exact dates as they are in my drawer at work), but it was well before the 17th June 2011. My CPR request is 18th June 2011. hmmmm they seem to keep on evading the CPR request!

 

Sending OFT an indexed and paginated bundle on TR and HFO. All my letters were singed for/ special delivery and fax confirmations are available too.

 

Thinking of writing to the court re this. They haven't stated that they will be applying to the court re lifting the stay and summary judgment, but I intend to get my letter in to the court re their ridiculous letter that I have received today.

[coledog]

ooohha! Think it is them that should be re-evaluating their position, muppets!

[wunder]

They must not like the OFT being involved. Any ideas guys?

[DonkeyB]

Wunder, in post 36 on this thread you show a response to TR's letter to you of 17 June re statements. So you must have received that? We need some clarity on the history of this, and what happened exactly when.

[coledog]

Just keep informing the court and OFT, afraid it is a matter of seeing what they do next but all this can be used in defence. They are still in default regarding your CPR and s78 requests, think they are covering their backs a bit here!