Hfo turnbulls court proceeding pls help!!

[coledog]

Hi Wunder

 

Are you able to scan and post up any of the documents any of the documents with personal details removed? Particularly need to see the POC and possibly the defence you sent. Also the Statement that you received.

 

How did you receive the statement? Did Turnbulls send it and was it in response to your CPR request? Did you ask for the Credit agreement in your CPR request?

 

When did you submit the defence?

 

Is the Court Northampton? Give them another ring and find out exactly what is happening and what you need to do next, they are normally very helpful.

 

Also, what previous contact have you had with HFO and roughly how much is this claim for?

 

Sorry for all the questions but important.

 

I think the main thing to do is to get information from Barclaycard. You can use the SAR template below with a £10 postal order. Once you have sent the SAR, you can ring them again and try and get more information. You can certainly send a CCA request to Turnbull also.

Standard SAR.doc

[coledog]

TR have 28 days to respond to your defence. Apparently, they always apply for 'Summary judgement' on all claims, the court told me this. if you have submitted a defence, the court should knock this back and tell them to respond to the defence

[coledog]

In your defence - did you ask permission to amend the defence if further documents were supplied?

[coledog]

The POC is the standard one they are sending out.

 

is this claim for more than £5K?

[coledog]

Under £5k, CD – in the PoC, I think.

 

Got it - thanks!

[coledog]

Have TR responded to your defence? Have you phoned the court and asked what is happening?

[coledog]

I need to re-read the whole of this before I can comment. They would have to apply to have the 'stay' lifted i believe so do not know really what they are talking about.

[coledog]

I think that you are wise to just wait and see what they do next. They seem to have made a right mess of it IMO! See if you can get written confirmation from the court that the case is 'stayed'

[coledog]

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

[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

[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

[coledog]

Send em this!

 

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 was received

 

3 No statement of account was received.

 

I am granting to you a further 21 days to produce a copy of an executable agreement. After that I will consider that the above account is closed and that you will no longer pursue the alleged debt.

 

After this period you should close the file and cease processing an personal data relating to me on this matter.

[coledog]

You can adapt the letter to suit and include the other stuff. It is worth responding to TR at some point as it shows them that you are prepared to defend this and you can include your response in the OFT complaint but up to you

[coledog]

Failing to comply properly with your s78 and CPR requests is a defence should they try and restart the court action.

[coledog]

You can leave out the statements, I think, the credit agreement is total rubbish anyway.

[coledog]

Did you ask about the Summary Judgement?

[coledog]

Just what has been said. They may try and hood wink a judge with it but it is not a valid response to your request.

[coledog]

Hopefully the evidence that OFT are compiling will stop HFO/TR trading, then they will have to stop harassing you - that is why the complaints are so important. I would write to TR and inform them that you acknowledge no debt to their client, you consider that their claim is still in dispute as they have not properly complied with your s78 and CPR requests, you have reported their threatening behaviour to OFT and any future legal claims will be rigorously defended.Short and sweet.If the account is in dispute, they are breaking OFT guidelines by continued harassment

 

Document everything that has happened and send to OFT with copies of correspondence.

[coledog]

Sounds good - add that to the letter

[coledog]

Looks to be correct

[coledog]

Cool!

[coledog]

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

[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!

[coledog]

They could submit a fresh claim though after a strike out could they not? Would it not be better to have it stayed so they could not submit a claim?

 

wrong way round I think! You have a mail to say claim is 'stayed'? They have to apply for this to be lifted