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

[BRIGADIER2JCS]

The investigator coming out again DB:madgrin::spy:

[coledog]

And you are doing very well Hants IMO!

[Hants38]

I'll ring Barclays tomorrow and see keep reminding them.

 

Ok Can I as yet start filling out my SD set asside. Or am i reliant on the info first (Waiting on others)?

[dadofholly]

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'.

 

Surely a trainee solicitor would never try to mislead a defendant or a court.

[Hants38]

I spoke with Barclays (Gordon at directors office) and he said he'd chase.

 

I spoke again this morning with James Bolton (Turnball Rutherford) and asked for the balance of the debt on date of purchase from Barclays. I also asked if he had recieved my CPR request. He said he sent it out on Tuesday and admitted that it is unlikely I would recieve it as it was to the details they held. He then said another copy was sent yesterday to the corrected address details. So i shall await these.

 

He then said that he would note everything down and that i'd probably then have a 21 day period with a setaside, but would rather come to an agreement or arrangement rather than involve the courts? What!!!!!!

 

So my take is I will still set aside both SD and CCJ but will need help CPR should be with me by tomorrow from HFO. Still no court papers

[coledog]

Of course they want you to settle - that is why they have done this!

[patrickq1]

fat chance you will see any documents , Mr B is probably reading this forum and realised he has been rumbled ,so dont let go dont let them of the hook also this trainee solicitor is their anyway this can be checked out wether he is trully a trainee solicitor or is he impersonating and presenting himself as such in other words as we all know Alice and the Bandits will say anything to extract payment from us lol

with regards to him sending out paperwork "pigs will fly first class "

patrickq1

[DonkeyB]

Bull droppings. Of course you have to involve the court, otherwise the judgment won't go away. Nor will the SD. He is OBLIGED to furnish documents mentioned in the SD under CPR within 7 days.

 

You have no intention of settling outside court, because (a) you believe the debt to be irretrievably SB, even at the point of claim, and (b) you require finality. Oh, and © you don’t trust spivs.

 

You know full well now all the information that Barclays provided to them, and that this information is available to him. He is bullsh***ing if he says he does not have the info.

[Hants38]

So I guess I await the CPR request he sent out yesterday then to my correct address. He was adament this will arrive before the weekend e.g. tomorrow.

 

So If I have nothing from them (HFO Capital/Turnball Rutherfords) or Barclays by next Friday am I not able to put in the set aside??? Clock is ticking away and apart from figures and dates being thrown about verbally over the phone I still have nothing tangible.

 

Still panicking as if I do not get a Set Aside in by the 27th as in 18 days from reciept of SD (09/09/2011) then I will be made bankrupt and as a company director that would be catastophic.

[DonkeyB]

You have a while to set it aside. By going to court and swearing your forms, there will be a while before a hearing. You will NOT be made bankrupt. You already have a case for set aside – we’re just trying to strengthen it.

 

So let’s see what the CPR brings – I bet it does not contain all the things mentioned in the SD! Which again would be evidence for a set aside, as well as the fact that you intend to have the original claim set aside. Disputing the amount of an SD (even if it’s only on the basis of unwarranted interest) is further grounds.

[DonkeyB]

Maybe a bit of explanation: You have 18 days to APPLY to have the SD set aside. The set aside itself will be made at a later hearing. If TR/HFO don’t come up with the goods, or explain how they managed to send a claim to one address and then an SD to the right address, they will be looking at paying your costs, too.

[Hants38]

Thanks DB .... i guess where there is will there is a way forward. I shall await the documents from HFO/TR and post up once recieved. DB could you read the particulars of debt on my SD or not if not i'll send enlarged as it is all a bit wooly to me

[DonkeyB]

I could read enough – in CPR, did you ask specifically for all the documents mentioned?

[Hants38]

Hi DB I asked for everything as mentioned in the draft CPR that was posted on here i'll double check..... thanks

[Hants38]

Ok from the items I requested under CPR (see below)

1 the agreement.

2 the notice of assignment

3 written notification of the chain of assignment

4 written demands for repayment sent to the defendant by the claimant

 

Ok I have not recieved any copies of the agreement I take it the agreement is the original credit agreement as signed when i took out the Morgan Stanley card????

 

The notice of assignment only shows the Assignment from HFO Services to HFO Capital and not from Barclays to HFO there is not even a copy of a Barclays letter supplied????

 

There is a really bad photocopied letter showing a letter addressed to my wrong address detailing the HFO Capital Limited have assigned the debt detailing Morgan stanley in the top right.

 

I have a written demand which is dated the same date as the assignment letter 09/05/2011

 

So what now, Nothing with Barclays letterhead and no Credit Agreement copy signed by me???

[coledog]

Hardly supports what they have said in the SD does it? Is there a letter with these doc? If so, what does that say. Have they sent anything that they claim is the agreement?

[Hants38]

Hi CD

 

Ok in the particulars box on the Stat Demand it says the following (my details edited out)

 

The Petitioning Creditor in this matter is HFO Capital Limited.

 

The Debtor, xxxxxxxxxxx, beacame liable to the Petitioning Creditor by virtue of monies due under an interest bearing credit agreement, regulated by the Consumer Credit Act 1974. The Petitioning Creditor took an assignment of the Debtor's account and all right and obligations attaching thereto from a group company, HFO Capital Limited, incorporated under the laws of Cayman Islands with company registration number MC-138277 ("HFO Cayman), on the 31 January 2008. The Debtors account was previously purchased by HFO Cayman from the original lender, Morgan Stanley, on 14th June 2007.

 

In compliance with s.136 of the Law of Property Act 1925, the Debtor was provided with written notification of the chain of assignment to the Petitioning Creditor.

 

Despite the Petitioning Creditor providing several written demands for repayment, the Debtor failed to discharge the outstanding balance. Subsequently, the Petitioning Creditor issued proceedings and entered judgment in default by Northampton (CCBC) County Court on 27 June 2011, under claim number 1QC5xxxxx.

 

The Petitioning Creditor has recieved no payment of offer of repayment from the Debtor. The Petitioning Creditor claims 12% contractual interest after judgment, which accrues at the rate of £2.24 per day.

 

_________________________________________________________________

 

Ok the letter I recieved yesterday reads

 

Dear Mr XXXXX

 

Our Client: HFO Capital Limited

Claim Number: 1QC5xxxxx

Original Lender: Morgan Stanley/Goldfish

 

Thank you for your letter of 12 September 2011.

 

For the sake of clarification, judgement was entered against you on 27 June 2011, following your failure to respond to the claim form. Enclosed are our letter of claim, together with notice of the chain of assignment (in accordance with s.136 of the Law and Property Act 1925) and a default notice giving you 21 days within which to remedy your breach of the credit agreement.

 

As judgment has already been entered, it would need to be set aside before you can file and serve a substantive defence, where after the claim will be allocated followed by disclosure under CPR Part 34. However, a copy of the credit agreement has been requested by our client from the Original Lender and will be sent to you in due course.

 

For the avoidance of escalating unnecessary costs, we ask that you provide us with your written grounds for defending the claim before both parties incur the costs of such application. Once received, we will take further instructions from our client. We reserve the right to produce a copy of this letter to the Court on the issue costs.

 

We look forward to your response in due course.

 

Yours sincerely

 

 

Turnball Rutherford Solicitors

 

____________________________________________

 

No signature on their letter

[huggy41]

For the avoidance of escalating unnecessary costs, we ask that you provide us with your written grounds for defending the claim

 

are these people educated.

[DonkeyB]

And Bolton conveniently failed to put in writing the alleged last payment date!

 

You don’t need their help for a set aside. They know the truth of the situation.

[dadofholly]

There is a really bad photocopied letter showing a letter addressed to my wrong address detailing the HFO Capital Limited have assigned the debt detailing Morgan stanley in the top right.

 

Does this letter state that Morgan Stanley have assigned the debt to HFO Capital? and if so when is it dated?

[broken arrow]

can you post these up hants, removing any personal info, I can compare against what they sent me.

[Hants38]

Yes I will post up shortly...

 

dadofholly you asked "Does this letter state that Morgan Stanley have assigned the debt to HFO Capital? and if so when is it dated?"

 

No it does not it merely says HFO Capital Limited is their client not Morgan Stanley?????

[Hants38]

[coledog]

Is there a date on that one?

[Hants38]

One moment...

 

No just my incorrect address.

 

So if there is no date on their notice of assignment where do i stand???

Edited September 16, 2011 by Hants38