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

[darragh]

Hi All, not hijacking just browsing out of interest. not heard any more from OFT re our friends - was thinking of phoning for an update -

[DonkeyB]

Well worth it darragh.

[dadofholly]

DoH, Barclays are mistaken - how else would they know HFO are involved? HFO will, er, easily get a letter from Barclays stating the exact opposite, as we know.

 

There are bigger issues for the defence.

 

Barclays almost certainly will have details of the alleged payment. That's the point to target.

 

If they did own it then they can produce statements - if no one can produce statements then their is no case to answer - i take it a formal s.78 request has been made.

 

They may be mistaken - but the only evidence we have is that they did not own the account - If Barclays cnnot get it right then how is the Judge? He can only make a decision based on the information put before him - and if BC says it was not their account - then he has to accept that it was not their account. Especialy if HFO also fail to comply with s.78 and tries it on.

 

That letter needs to go before a Judge, if it gets that far, whatever other 'evidence' anyone comes up with.

 

When life gives you Lemons make Lemonade

Edited December 18, 2011 by dadofholly

[Old Cogger]

If they did own it then they can produce statements - if no one can produce statements then their is no case to answer - i take it a formal s.78 request has been made.

 

They may be mistaken - but the only evidence we have is that they did not own the account - If Barclays cnnot get it right then how is the Judge? He can only make a decision based on the information put before him - and if BC says it was not their account - then he has to accept that it was not their account. Especialy if HFO also fail to comply with s.78 and tries it on.

 

That letter needs to go before a Judge, if it gets that far, whatever other 'evidence' anyone comes up with.

 

When life gives you Lemons make Lemonade

 

Or keep it in the Lime Light,lol

[DonkeyB]

We need to put enough doubt in to show there are triable issues.

 

In SuzieD’s case (albeit with Monument) although Barclaycard claimed they never owned the account, all the statements produced by HFO were in the correct format and had the Barclays details on there, ie. ‘a division of Barclays Bank’. Barclays told SuzieD they had no record of the account. Someone was fibbing, and I think it was Barclays. They just can’t be bothered to dig out the info unless it’s for their mates.

 

HFO would have gotten those statements from Barclays (no way they could have made them up), so Barclays DO retain ALL the account data.

 

Bear in mind that in this case, the allegation of the last payment date was made over the phone by the Wimbledon Spiv, and was not recorded or put in writing.

 

We’re lacking the basic documents here to call it properly. You are spot on, DoH, we can only use the evidence available – but we have to be aware that Barclays might suddenly ‘find’ the info and shoot that fox.

[DonkeyB]

A few further question Hants – the stat demand came from HFO Capital, yet you say the CCJ is from HFO Services. (ie. that was in the PoC).

 

What does the PoC say exactly? We desperately need to know what they claimed.

 

Would be useful to see their witness statement opposing the set aside, as they sent this with the new claim. Please edit out personal details and post up.

 

And can you please check your credit record? I reckon the Wimbledon Spiv might be trying to claim the recorded default date as the last payment date.

 

Did you ever send the CPR 31 request, as advised?

 

Also, can you please post up the documents you received as a result of your earlier CPR request? We still haven’t seen them.

 

These are the NoA, the letter with the Morgan Stanley logo (which may be the ‘original’ NoA), and the HFO default notice (which will be useless).

 

And can you confirm you have received no response from Barclays to your CCA request, and HFO/TR have still not supplied a copy of the credit agreement?

 

We really must get the derail to formulate your defence.

 

If they have made a mistake in the PoC in saying they bought from Barclaycard, any judge will just allow them to amend it eventually.

 

So all these other points are important.

 

And please get online to check what’s on your credit record regarding this, as well as seeing what is now registered at Trust Online.

 

But the most urgent things are (i) show us the paperwork and the actual PoC and their WS, and (ii) getting hold of the court to find out what the judge ordered.

 

Then we can get the bones of your defence sorted to accompany the set aside application.

[DonkeyB]

Just thinking Hants... why did they already have a WS opposing the set aside? There was actually only a hearing for setting aside the SD!

[DonkeyB]

I'll try and get a copy of the letter up shortly it is literally a paragraph in length and is just a covering letter stating that they were making a claim. The documents within it included an application with my signature on it and various statements. It also showed the assignment of debt from Barclaycard to HFO Capital and then HFO Capital to HFO Services.

 

When HFO Services took on the debt they did not hold a CCL, also I have a letter from Barclays saying Barclaycard/Barclays have never owned this debt. So if thats the case how did HFO get it from Barclays????

 

Can we see this stuff as well please?

 

If we don’t see the paperwork, you will be flying blind and your defence will be totally inadequate.

[dadofholly]

Hants - Donkey is right we do need to see the info - you have two issues to deal with in the long run. First is the set aside, and then there is the defence to claim.

 

As you have already had one set aside it is going to be more difficult to get another - so we realy do need to tackle the issues head on - and for that we know exactley what we are up against.

[broken arrow]

Any further news?

[Hants38]

Not going to go into detail now untill my setaside hearing has been (This week) but i am taking them on recreated evidence and a debt that was never owned.

 

Yes CPR was sent and details recieved.

 

Once i've had my case i'll post ALL details up Am very confident on this one

Edited January 23, 2012 by Hants38

[sillygirl1]

Fingers crossed - which day is this being heard?

[Hants38]

Too much info Sillygirl1 i'll post up when i've had the hearing

[broken arrow]

Too much info Sillygirl1 i'll post up when i've had the hearing

 

Are you represented?

[Hants38]

No but I will be accompanied don't want to give too much away as he reads these forums

[DonkeyB]

He can read? Blimey. Could have fooled us.

[DonkeyB]

Indeed, Bart is looking in.

[Hants38]

Hey Bart.......doh!!!!

[dadofholly]

hi windywoo - whatever happened to your problems with HFO?

 

Have you updated your thread?

[Hants38]

yes updated....i just edited and recreated a few words to suit

[Windywoo]

hi windywoo - whatever happened to your problems with HFO?

 

Have you updated your thread?

 

Yes, they got back to me again with another poor copy of an application form, and T&C's from all over the place. The upshot of it was, there was an accompanying letter from B/Card confirming the account was unenforceable, and they were unable to pursue it through the courts - happy days! Only a few more months until is SB :O)

 

Sorry to hijack your thread Hants.

[dadofholly]

Yes, they got back to me again with another poor copy of an application form, and T&C's from all over the place. The upshot of it was, there was an accompanying letter from B/Card confirming the account was unenforceable, and they were unable to pursue it through the courts - happy days! Only a few more months until is SB :O)

 

Sorry to hijack your thread Hants.

 

Thanks - I remember now - so that will be another going nowhere then.

[broken arrow]

Blimey, Bart can,t decide which thread to read

[DonkeyB]

Blimey, Bart’s getting around a bit today.

[DonkeyB]

Snap!