Turnball Rutherford Solicitors have just delivered a Stat Demand for Statute Barred Debt** DISCONTINUED**

[patrickq1]

also a complaint to the SRA this is deliberate negligence , these tactics are despicable also i notice sold to caymen then ireland naughty as you say BA no licence hence bordering on being unlawful so the SRA need to know of these tactics being employed by Alice , if i were in this position i would be writing a detailed report to all three services ie the clerk of the court the SRA and Trading Standards oopt also oft ,

patrickq1

his tricks are getting dirtier by the weeks and days that pass , looks like another complaint to the FSA from me again ;ol

[dadofholly]

also a complaint to the SRA this is deliberate negligence , these tactics are despicable also i notice sold to caymen then ireland naughty as you say BA no licence hence bordering on being unlawful so the SRA need to know of these tactics being employed by Alice , if i were in this position i would be writing a detailed report to all three services ie the clerk of the court the SRA and Trading Standards oopt also oft ,

patrickq1

his tricks are getting dirtier by the weeks and days that pass , looks like another complaint to the FSA from me again ;ol

 

Slight correction Patrick.

 

The assignment to Ireland is not "bordering on unlawful" it is in fact illegal due to the lack of CCL at the time of assignment.

 

It is also a breach of section 39 and 40 of the Consumer Credit Act, and on indictment can lead to a fine and/or up to 2 years in prison.

[Hants38]

Morning everyone, well I tried calling James Bolton on the number as indicated on the SD.

 

It goes direct to his mailbox. I have left a message for him asking him to collate the information needed and said i'd call back. Problem is I have called back every half hour now and it just goes straight to voicemail and then says mailbox full and cuts you off. I do not really want to speak to his colleagues as the SD states he is the point of contact. What can I do as the deadline to me being made bankrupt is getting closer.

 

Am quite nervous about this again as I think they have given an impossible timescale and know it.

[DonkeyB]

While it's not a defence in itself, failure of the person named on the SD to be available is a bit of a problem for them, and should be mentioned in your set aside. Log ALL the calls you make – date, time, message left.

[Hants38]

Thanks DB I am keeping a log

[LostAtSea]

Hants, stay strong and focused, your doing great and you've got some outstanding people in your corner

[Hants38]

I have just spoken to James Bolton and have asked for a copy of the Claim Form, I have also asked for the default date which he says is 1st Feb 2006.

 

He does not have a last payment date and said he'd have to do some digging around. He immediately mentioned Statute Barred and that I may feel this debt is statute barred, I did not mention this personally. I said I want to see an actual Morgan stanley payment that shows my last payment. He is unsure if they can provide this but said he will get a date (no doubt plucked from within a more recent date)

 

I have also informed him of the Set Asides again he then went on to say I guess your reason is because you think this is Statute Barred.

 

I have now given him my actual address and he now has this. He even admitted on the telephone that it was a lot different to the address on their system.

[DonkeyB]

I think Mr Bolton may not be telling you all he knows.

 

Here is an extract from a sale contract between HFO and Barclaycard.

 

 

 

 

As you can see, the data provided to HFO by BC clearly shows the date of last payment – and a whole load of other data too. Maybe you should ask him why the info is not on their system? It should be – here's a redacted Turnbull Rutherford system screen grab:

 

 

 

 

 

As you can see, next to the left hand yellow arrow, there is a field for last payment date. It is populated. So Mr Bolton should know full well the last payment date. His comments are, IMO, disingenuous.

 

Also, I noted that where the second arrow is, the 12% ‘interest’ is split out in to 8% for ‘interest’ with the other 4% as ‘costs’. I wonder if they are allowed to claim 12% interest through the courts, but only declare 8% in their accounts and the other 4% as ‘costs’? Not saying they do that, but are there any accountants out there who can comment?

[DonkeyB]

Perhaps you should call him back and direct him to the correct point on his screen to find the info you need!

[Hants38]

Ok just phoned back at 12:00 and said to James where he should look. He laughed and his friendly tone has slightly changed, he said he cannot see the info as he has to go back to HFO and they will tell him. I said he was one of the same company to which he replied we are seperate entities and to check them out on Companies House.

 

Ok he said to call back at 15:00-16:00 fingers crossed i guess

[DonkeyB]

Yes, separate legal entities – but HFO Services, which administers the accounts, is actually run by Turnbull Rutherford. Here's the proof from the OFT web site:

 

 

 

Also, that screen grab in post #233 is headed as from the Turnbull Rutherford system – not HFO's. Might he be squirming? He is certainly being evasive. Wonder if Bart123 will turn up in a minute?

Edited September 14, 2011 by DonkeyB

[rockwell304]

DB, ever considered a second career in investigative journalism with Private Eye?

 

I seem to recall someone on here discovered that HFO paid Barclaycard 3% of their a/c value.

[DonkeyB]

DB, ever considered a second career in investigative journalism with Private Eye?

 

I seem to recall someone on here discovered that HFO paid Barclaycard 3% of their a/c value.

 

Funny you should say that... I have been there, done that!

[Hants38]

Well i've been ringing now for the last 45 minutes as asked and all i get is mailbox full and cut off.

 

And my clock is ticking.

[Hants38]

Ok here goes James Bolton Reckons the last payment date was 31 July 2006. Now I know this is impossible so have requested a copy of the statement. I'm now confused how the last payment date can be later than the default date????

 

He was very concerned I knew what was on his screen and asked me where I obtained the info, I said I have inside info on them and he sounded rather nervous and said it was confidential and left the conversation

 

Erm have i just messed up

[BRIGADIER2JCS]

Got the BU**ER worried more like:madgrin:

There could be a payment after the default

date if there was an attempt to remedy

the default.

 

Brig.

[Huff&Puff]

Not in the slightest. But it may just about be dawning on Mr Bolton that he might have

 

It is not unknown for DCAs to make up phantom payments. However it is for them to prove that you made the payment and not for you to prove that you didn't. I don't think you need be too concerned about that, as long as you are certain that you definitely haven't made any payments since 2005.

[broken arrow]

Any news on the court docs yet?

[BRIGADIER2JCS]

I'll add the allegedly to your statement about DCA's

and phantom payments, dangerous ground these days

when we know that DCA's are watching quite often.

Brig.

[LostAtSea]

I don't think you've messed up but I would say as little as possible over the phone and always maintain a business like attitude in all your dealings with them. Allegedly mystery payments are an old trick used by several bottom feeders to try and reset the SB clock.

Edited September 14, 2011 by LostAtSea
Sound advice from Brig :)

[BRIGADIER2JCS]

If you have any proof of that statement lost at sea

I'd love to hear it, so I could use it in court.

[Hants38]

No I kept it very business like and cut him off everytime he tried to talk over me

 

So I hope the court papers arrive shortly. Do I stand a good chance here guys of getting a set aside on the SD as still really worried.

 

Do you think with what i've uncovered so far I have advanced positively

[DonkeyB]

Ok here goes James Bolton Reckons the last payment date was 31 July 2006. Now I know this is impossible so have requested a copy of the statement. I'm now confused how the last payment date can be later than the default date????

 

He was very concerned I knew what was on his screen and asked me where I obtained the info, I said I have inside info on them and he sounded rather nervous and said it was confidential and left the conversation

 

Erm have i just messed up

 

 

Sounds like you rumbled him. He has the info. If that last payment date is not true, then he will be in trouble. If it is true, Barclaycard would surely still have a record of it. Something here is not adding up, and I hope it's HFO's 'facts'.

[LostAtSea]

Sadly, I only have hear say to go on but, in my case, the mystery payment vanished and I got my SB.

[coledog]

Could with getting Barclay's to pull their finger out!