Hfo turnbulls court proceeding pls help!!

[wunder]

Should I wait for the SAR/CPR request and see what strict proof they have?

 

Barclaycard did say they sent them copy statements this month. The copy statements look so home made though!

 

Many thanks

[wunder]

The statements show monthly payments till April 2006. How the payments were made there is no indication.

[BRIGADIER2JCS]

Yes that is the best course to take IMHO

[BRIGADIER2JCS]

There should at least be screen prints showing the payment posted to the account and the method of payment if it was a debit

card payment the last 4 digits of the 16 digit card number.

[wunder]

There is a long digit number starting with PB on the statements that's it. What do you advise? I will act upon your advice and wait for the access requests to see what information they have. I used to in the past make payments via Internet banking but the payments did not come from my maiden name account and I presume Barclaycard would not be at liberty to disclose account information if the surnames and addresses were different?

[BRIGADIER2JCS]

I take it there is no key to the abbreviations on the statement, could be PB is payment by,

is it a 16 digit number?

[wunder]

Yes but I've never paid by card on the account. So do not know what the digits relate to.

[BRIGADIER2JCS]

Yes but I've never paid by card on the account. So do not know what the digits relate to.

 

Is it a 16 digit no then it could be debit/credit card no. which can be traced to the issuer and card holder.

[DonkeyB]

It is unlikely that Barclaycard have ‘created’ payments. It is most likely you were making these payments yourself, but you need to check your own bank statements and records to be sure.

 

The problem you now have is that you have entered a defence based on the account being SB, which it is not. You will now find that you may be liable for the other side’s costs if you apply to amend your defence.

[wunder]

Is it a 16 digit no then it could be debit/credit card no. which can be traced to the issuer and card holder.

 

But I never used a card to pay. I've sent the SAR, CCA and CPR requests to them today.

[wunder]

It is unlikely that Barclaycard have ‘created’ payments. It is most likely you were making these payments yourself, but you need to check your own bank statements and records to be sure.

 

The problem you now have is that you have entered a defence based on the account being SB, which it is not. You will now find that you may be liable for the other side’s costs if you apply to amend your defence.

 

What do you advise?

[wunder]

Could I not submit that matters have cone to light post filing of the defence, matters we were unaware of until we received the SAR etc?

[DonkeyB]

No, because you had time to wait for a response to a CPR request before putting in your defence – up to 28 days, in fact. The SAR is irrelevant to the court – all they are interested in is the outcome of CPR. You have created problems for yourself by jumping the gun and entering a single-strand defence which may be materially inaccurate.

 

IMO, your only course of action is to apply to the court to submit an amended defence, but again you may get saddled with their costs.

[wunder]

Would I just write in to the court? What if turnbulls fail to comply with the CPR request?

[DonkeyB]

Courts do nothing with letters generally – a legal request usually needs to be on an N244 with the appropriate fee.

 

The CPR request is to some extent now redundant unless you get permission to file an amended defence, as you have already entered a defence, and Turnbull/HFO will have probably received a copy. You’ve done it ar*eways up, to be honest. If you had come here first, we would have outlined all the issues you could have raised in defence. These PoCs are a load of tosh and fairly easy to see off.

 

However, you did not know at the time you filed the defence that the assignment from HFO Capital Ltd (Cayman) to HFO Capital Ltd (Ireland) was possibly illegal and possibly therefore void. This is the area you must work on in amending your defence, as the facts are a matter of public record with the OFT.

 

The job now is to extricate yourself...

[broken arrow]

If it was me I would make an application to strike out the claim, with any new info.Once you make the application, it will be transferred to your local court, they will submit a late WS to strike out your defence, what you will need is a WS of your own, highlighting certain issues.

[broken arrow]

This option has its own risks, this is the action I took after submitting my defence, HFO submitted a late WS and I lost, knowing what I know now I would have won, but I did not give in and won in the end.

[wunder]

Yes DonkeyB I totally agree I jumped the gun, panicked and filed a single stranded defence, because I was so sure of it.

 

Now I need to ascertain the next step; do you all advise that I make the application for an amendment to the defence now or when I receive the new information then.

 

If they do not comply with the CPR can my defence state that. I shall look into the 'intra-company agreement' that they had.

 

 

Many thanks

[wunder]

Am I correct in saying that the OFT Public Register clearly states that the CCL issued to HFO Capital Limited (Ireland) was issued on 26th March 2008, they took over this date with the intra company agreement on 31st January 2008 as per their particulars of claim. My understanding is looking at the dates the agreement may be void.?

[DonkeyB]

Read through the section on the OFT site about consumer credit licencing and draw your own conclusions. You just need to look around the HFO threads to know our reasoning.

[wunder]

Many thanks; so do you advise to wait and submit an application after I receive the documents (if I do get them), or beforehand?

 

Broken Arrow has shared his own experience and I just need advise on the best way forward now.

[broken arrow]

I would go for the strike out, you then get them in court, unless they discontinue, you then throw all the s**t at them .

[broken arrow]

The intra group and the Barclaycard/HFO Capital agreements may themselves not comply with legislation, this though has yet to be tested and proven in court.

[wunder]

Thank you broken arrow, I take it the application is best submitted after receiving the information not before?

[DonkeyB]

The intra group and the Barclaycard/HFO Capital agreements may themselves not comply with legislation, this though has yet to be tested and proven in court.

 

Give it a couple of days...