Hfo turnbulls court proceeding pls help!!

[wunder]

What I’d like to know is why Barclaycard are passing your personal correspondence with them to HFO. That is not on – a letter to the ICO is in order.

 

That's very true DonkeyB, Barclays said that they would send a letter out confirming who the debt was assigned to and they then send it to TR! I will send a letter to the ICO in regards to this.

[wunder]

That whole piece of correspondence from TR is very odd indeed, definitely needs some complaints. Give them enough rope etc...

 

It was very badly written, they seem to think by cornering me I will agree to pay them money. I will write the letters if complaints to the ICO and write to the court for a letter re the claim being stayed. As for TR I'll await to see what they now do. They will have to apply for the stay to be lifted and give re non compliance with the CPR. Should I submit an application for a strike out or just leave it for now?

[BRIGADIER2JCS]

The whole Barclays debt scenario concerning TR & HFO seems to be taking

on a very strange development, smacks of desperation to get debts off

their books by any means.

[DonkeyB]

These debts have been off Barclaycard’s books since 2006-2007. They have sold nothing to HFO since then. The last things I can trace being sold to HFO are some M&S accounts in summer 2008.

[BRIGADIER2JCS]

Sorry DB didn't make it clear, I mean HFO seems desperate:madgrin:

[wunder]

It's getting quite silly, I had copied in the court on all letters so they knew what was going on. I requested a stay via fax and sent proof of postage re my letters to TR and the claim was stayed. The court must think what are TR doing. I'm really reluctant responding to TR and stating the claims stayed as its futile and it's not my role to inform them.

[BRIGADIER2JCS]

Unfortunately the courts don't ''think'' in the way you mean,

the administrators process paper work, judges do the thinking

when they see the results.

[wunder]

Hi Guys I am back, received a letter from TR today attaching a copy of the CCA dated 28th July 2009 (not 31st July as they initially said) and state that they provided the default notice copy previously.

 

However my CPR request stated;

 

Further to my fax dated 18th June 2011, in which I have requested documents as per CPR 31.14; I also request that the following documents are sent to me as they have been relied upon in your claim;

 

1.The ‘intra group sale agreement’ that you refer to in paragraph 2 of your particulars of claim.

 

2. The credit agreement dated 31st July 1999, which you refer to in paragraph 3 of your particulars of claim.

 

3. The notice of assignment, which you refer to in paragraph 5 of your claim.

 

4. Recorded conversations and written correspondence referred to in paragraph 6 of your claim.

 

5. A copy of the deed of assignment of the debt in dispute.

 

6. Any documents, which you rely on in respect of your claim.

 

Any advice guys? They haven't sent me Also the court did not send me confirmation of the claim being stayed even though I wrote a request asking so. TR maybe have a clue or don't re the stay?? No intra agreement provided at all! They state in their letter that if they don't hear from me by 12th Sept they will ask for a summary judgment! (Claim stayed though)

 

Any advice will be greatly appreciated. Where do I now stand with the CPR as they have not provided full documents?

[DonkeyB]

I guess you mean 1999 for the agreement?

 

Can you post up what they have sent? Were any T&Cs sent? I think a sharp reminder to them that (i) the claim is stayed and (ii) they have failed to respond to CPR and YOU will be requesting a strike out or an order to comply with CPR.

 

As they are making threats of SJ when a claim has already been stayed, you MUST report this to the OFT – they cannot apply for SJ while the claim is stayed. Send that letter (and all the relevant facts) asap to Polly Ashford at the OFT – [email protected]

[DonkeyB]

Did you complain to the ICO? Complaining is a must!

[wunder]

Thanks DB, they write;

 

We write further to the above.

 

We enclose a copy of your Barclaycard agreement. You were provided with a copy of the claimant's default notice dated 13 April 2011.

 

In light of the above and our 20 July 2011 letter we once again invite you to contact us with a view of settling this matter without the need for further proceedings. If we do not hear from you by 12 September 2011 we will proceed with an application for summary judgment without further notice.

 

My worry is that I only found it that the claim was stayed hen I called the court, I have not received confirmation in writing from them despite requesting. TR may claim that they were unaware and should have been given the opportunity to respond before the claim was stayed??

 

Yes the agreement is dated 1999. T&C's photocopied and attached. Intra company agreement never sent to me but I requested it in the CPR.

[wunder]

DB;

 

ICO re Barclaycard I take it? Can;t they argue that as it was information requested re the account that was assigned to HFO that they are entitled to all information re that account?

[broken arrow]

They did have the opportunity to respond to your defence, they did not bother, if they want to apply for SJ, they will have to apply to lift the stay first.

[broken arrow]

as DB states you MUST complain to the OFT regarding this.

[broken arrow]

Check with the courts the claim is still stayed.

[broken arrow]

You could do this by email as you will get a written response.

[wunder]

Many thanks, I'll check with court tomorrow. I'll lodge s complaint with OFT. Would it be for TR or HFO? Am I able to complain against TR to the Law Society for threatening me with sj when the claim is stayed? Should I write to TR or let OFT deal with it?

[coledog]

I am aware of a recent case where the claim was 'stayed' and the defendant was told by Northampton that TR had applied for Summary Judgement after the 'stay' but were told to blow.According to them 'claimants often do this'. This has been reported to OFT so suggest that you do the same, urgently, also contact the court again and find out if TR have applied. The court do not routinely write out to inform people of a 'stay' but BA is right, people have managed to get email confirmation.

[coledog]

Many thanks, I'll check with court tomorrow. I'll lodge s complaint with OFT. Would it be for TR or HFO? Am I able to complain against TR to the Law Society for threatening me with sj when the claim is stayed? Should I write to TR or let OFT deal with it?

 

Complain to OFT about TR AND HFO Group of Companies, they are one and the same. You can also complain to Solicitors Reg Authority but OFT are probably a better bet at the moment. Do not write to TR just at the moment, have you posted up the docs they sent you? Need to look at that agreement etc

[wunder]

Sorry to sound silly but how to I upload the docs here? they are T&Cs and a very dark scanned copy of the 1999 agreement. I have typed the TR letter in an earlier post. I have emailed the court just now.

[coledog]

Is the agreement legible and do the Tand Cs look like they belong to it? If you can scan them with any person details covered or use MS 'Paint' program to 'hide' the personal details once scanned and then convert the file to PDF or save it to a zip file, you can then upload using the 'go advanced' button and 'manage attachments' option

[wunder]

Thanks CD, no the T&Cs do not belong to it, they are very clear. The agreement is eligible to read but seems so concise. I will scan them now. Many thanks.

[wunder]

I have attached the documents the agreement is the dark one, it has come up darker after scanning, it is a little lighter on my documents. I appreciate any advice thanks in advance. have to add in two parts.

[wunder]

Agreement TR letter and another page of the T&Cs is attached, sorry if they are not in order, I had problems uploading. Agreement is darker than I have it. Advice will be appreciated.

[wunder]

Again attached

tcs pg2.pdf

tcs.pdf

tr letter.pdf

tcs pg1.pdf

last tc.pdf