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


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Hi everyone back in 2004 I took out a Morgan Stanley Dean Witter Credit card with a limit of £4000.00. I then went through a break up and could no longer afford the astronomical interest charges on the account and made the last payment to them (Morgan Stanley) in either late December 2004 or early 2005.

 

I have heard absolutely nothing until about 5 months ago a company called HFO Services decided to start ringing me at work??? I did not take any calls from them and did not speak to them. A few weeks later letters started arriving and they threatened to take me to court CCJ. As my last correspondance was 6+ years with Morgan stanley I assumed these guys to be chancers knowing the debt is Statute Barred. They say I now owe £8104.71???

 

Low and behold I get a letter through from Northampton Court saying I now have a CCJ issued on the 25th June 2011.

 

I now have a hand delivered Statutory Demand through my door from a James Bolton Trainee Solicitor for creditor. What do I need to do.

 

I am about to make first correspondance with HFO by sending them a SAR Letter. My concern is that now they have a CCJ against me (Even though the debt is 6+ years) what can I do now?

 

I am about to send and complete forms 6.4 and 6.5 but would appreciate any help on completing them. The issue I have is it asks for agreement numbers etc and all that paper work is long gone, the only references I have are from HFO and Turnball Rutherford!!!

 

I am a little concerned as I have only 18 days to appeal for set asside and have no information on the original agreement plus a CCJ which has been issued incorrectly and unbeknown to me.

 

Any help would be greatly appreciated.

 

Thanks

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Hi and welcome, you will need to contact Northampton and obtain a copy of the claim form and the CCJ.

US President Barack Obama referred to Ugland House as the biggest building in the world or the biggest tax SCA* in the world.

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Which company made the claim HFO Services or HFO Capital.it is very important for you to obtain a copy of the original N1 claim form.HFO had a CJJ against me for a Morgan Stanley card, they don,t now.

US President Barack Obama referred to Ugland House as the biggest building in the world or the biggest tax SCA* in the world.

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Morgan Stanley/Goldfish accounts were sold to Barclaycard, you will need to contact them for any info.

US President Barack Obama referred to Ugland House as the biggest building in the world or the biggest tax SCA* in the world.

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Hi and welcome

 

Do not think that you need a SAR to HFO, you need to find out about the MS Debt and get the last payment date. If it was SB before HFO issued the claim, this is your defence. I believe that MS are now administered by Barclaycard, try ringing them and ask if they have the records - Barclaycard recoveries 0844 556 0066. Ask them for the last payment date and when and to whom this was sold. Try and get this in writing.

 

Have Northampton sent a copy of the judgement? You do need to get a copy of the claim form. Was there any reason why you did not receive the original claim? You will need to apply for a Set Aside but lets get the facts first.

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BA - are you trying to get your post count up??

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One last short question for now, did you ever receive a notice of assignment or reminder notice of assignment.

US President Barack Obama referred to Ugland House as the biggest building in the world or the biggest tax SCA* in the world.

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I am a little puzzled.. you say you have received a claim form from Northampton AND a statutory demand notice ?

 

This cant be right.

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Subscribing. Wonder if they claimed post judgment interest of 17%?

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I am a little puzzled.. you say you have received a claim form from Northampton AND a statutory demand notice ?

 

This cant be right.

 

Think we need to see what you have received. Are you able to scan the documents and remove the personal details, then attach to the post - preferably as PDF files?

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Have you moved since the date the account defaulted? What is odd is that they may have issued the claim at an old address, but mysteriously tracked you down to issue the SD. That would take some explaining! I think application for a set aside may be a defence to an SD - need to get 42man onto this urgently.

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

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ODD judgement by default then SD and no mention

of court docs being received before hand???

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Ok I have a CCJ from Northampton Cout issued via HFO Services, The statute demand I have just recieved was hand delivered yesterday.

 

I was unaware of the CCJ and never knew that this was even happening. I do not have a copy of the CCJ letter but do have a copy of the Stat Demand that was delivered.

 

I can't scan till Monday but will post it up. (personal details removed)

 

My question is that do I need to get the Stad Demand Set Aside first by filling out Forms 6.4 and the Affidavit 6.5 or do I write to Northampton court demanding what grounds the CCJ was issued and why I was not informed? If so help on filling out the forms would be appreciated.

 

In answer to above posts I have moved about three times in the last 6 years but have never contacted HFO nor Morgan stanley

 

Thanks

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Have you moved since the date the account defaulted? What is odd is that they may have issued the claim at an old address, but mysteriously tracked you down to issue the SD. That would take some explaining! I think application for a set aside may be a defence to an SD - need to get 42man onto this urgently.

 

 

Have left a message for 42man :)

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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One other quick note I have noticed is the address on the Stat Demand is acctually incorrect and although the Postcode is correct they have my address down wrong with wrong village. I get a lot of post for another person at my address and can only assume they get the same from me as often couriers will go to the other address when delivering to me. I'm not sure if this helps but trying to give as much background as possible.

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Thank you for leaving a message, do you think 42 man will be able to help here or have i left it too late ?

 

Thanks again

 

No you have not left it too late, as I stated, I had mine set aside 17 months after judgement, it is important to obtain the original claim form and the judgement itself.

US President Barack Obama referred to Ugland House as the biggest building in the world or the biggest tax SCA* in the world.

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