old BCard, Hfo / t&r - been court twice, ATO, endless aggro - HELP

[tink1977]

I never actually thought about applying to Wandsworth for the details to be honest. I assumed that with it being transferred to the chesterfield county court that they would hold all information relating to this case. I will ring them first thing and find out if they hold any information on it and let you know. If they don't I will contact TR and request that they send me the details. Thanks.

[dadofholly]

If you contact TR do so in writing and and keep copies.

[DonkeyB]

I’m confused. You defended in Wandsworth, yet you got a default judgment from Chesterfield. There’s something I’m not understanding here – how could you get a default judgment if you defended? How do you know Wandsworth kicked out your evidence?

 

Did you send the admission to Turnbull Rutherford or back to Wandsworth court?

[tink1977]

I got the original defence and counterclaim court from Wandsworth, if I recall they wanted me attend their court but with me living in chesterfield I was unable to do this. I think this is when they then transferred it to chesterfield. I don't remember if I recieved a claim for but I do remember that one of the forms I was supposed to fill out could only be sent back if I included a fee which I didn't have. That's why i didn't send it back. Could this be the claim form?

 

I have just contacted Wandsworth county court as asked, to try and chase the particulars of the claim. They have informed me that there was no claim form as such as hfo issued this online? They asked me to contact chesterfield county court again who they said will have a summary of this claim on their database. I have done this and they to state the original claim was made online. They do however have the particulars of the claim which is the details that hfo will have submitted to the court. I am going to fetch them today otherwise they won't be here untill the end of next week within being bank holiday.

[DonkeyB]

Good – that will be a useful starting point. Everything follows from the particulars of claim (as Broken Arrow knows well).

[tink1977]

I have got a copy of the particulars of the claim. I am just doing the dieting now and will get them submitted ASAP.

[tink1977]

I have got a copy of the particulars of the claim. I am just doing the dieting now and will get them submitted ASAP.

 

Editing not dieting. Lol. Bloody auto correct

[tink1977]

here is the particulars as requested

[tink1977]

img017.zip

[tink1977]

attachment sent again. see link below instead.

[tink1977]

let me know if you can see it ok, the image was coming up very small on my computer.

[DonkeyB]

Definite set aside then.

 

They don’t even claim it was reassigned to HFO Services from HFO Capital. Clearly the wrong claimant.

 

Oh joy.

 

There is also no claim for post judgment interest – it should not be added.

 

How much have you paid these idiots so far?

 

What was the assigned balance? Does this claim include interest? If so, it is not itemised.

[DonkeyB]

Here’s the PoC as a graphic:

 

[tink1977]

i have paid them over £700 so far and have copies of every payment i have made as i made it through a transfer and never via a direct debit or a cheque. they wrote me a lovely letter a few months ago thanking me for my continuous payments and advising me that they will be happy to drop my case if i could pay them £700 within 14 days. this is more than i actually am supposed to still owe. needless to say i declined their offer.

 

what happens now? should i be seeking a solicitor or can i provide all particulars of my case based on everything i have?

[tink1977]

the original claim for judgement in default 2007 states that the amount owing is £1,071.13.

 

the suspended attachment of earnings form shows £1,121.13 i think this was beacuse of the added fees from the court.

 

i do have a print out from HFO that shows interest etc on the account. the original amount owed was £874.98, they then went on and added £70 for solicitors costs, £70 cpc claim issue fee, then they added 19p interest and a few other solicitor costs. after this they charged me post judgement interest at 12% a month which worked out at roughly £10.86 per month.

on this reciept it has got the balance showing as £1568.57p when i queried this with them they told me they had dropped all future interest to allow me to pay off the balance and advised me just to pay what was on the court judgement.

[DonkeyB]

Downsides: HFO Services could simply apply to be substituted as the claimant.

 

BUT the letter from TR implies that the fact that HFO Services was previously called Roxburghe shows they are happy that HFOS is the correct owner and claimant.

 

Post-judgment interest is a no-no. That’s why they backed off – again, their explanation is a lie.

 

At the first sign of legal intervention they will back off.

[dx100uk]

caught out!

 

usual tactic

 

link are buggers for adding interest too when the judgemnt did not specifically state they could.

 

dx

[tink1977]

so fingers crossed i seem to have enough evidence to support a possible set aside. should i now make contact with them outlining everything i have got and see if this is enough to make them back off? alternativly do i file the set aside and take my chances?

 

what happenes to everything i have paid this company?

[DonkeyB]

Let me have a think...

[tink1977]

Just looking through all paperwork and have found a couple more letters from turnbull stating that their client continues to charge post judgement interest which is currently 12%. this letter clearly states that the judgement balance is £874.98.

 

it goes on to say that they may be able to freeze the interest if i arrange appropriate payments

[DonkeyB]

I think you have to decide what you want to happen.

 

Do you just want them to go away and write the rest off to experience?

 

Do you want the case set aside? There is a strong risk of failure. You may – only may – get something repaid, if you win. But then they could issue a fresh claim, and you would then need to defend. Or they could apply to have HFO Capital substituted as claimant (difficult, given TR’s lies about Rox).

 

Or do you hate them enough to drag TR’s backsides through the SRA/Law Society for sending you, an LiP, a grossly misleading letter?

[dadofholly]

HFOS could apply to be substituted as the claimant, but they have problems even then, as the notice of assignment clearly states HFO Capital. They also state in their particulars of claim that HFOC are the owners of the debt and not HFOS or even Rox.

 

Could that NOA be a fake? T&R must know that this claim is untenable.

[DonkeyB]

Without the letter from TR stating that the claimant is correct because HFOS used to be known as Rox – in 2004, when the company was not trading so could not have entered into agreements with Barclaycard – I think a set aside would be very, very difficult.

 

But TR have clearly and deliberately misled. It is very seriously against the rules for a solicitor to abuse their position when dealing with an LiP, and to blatantly mislead.

 

That presents an opportunity.

 

Smells just like Broken Arrow’s case.

 

I think one letter from a solicitor would make them run a mile.

[dadofholly]

A clear case for complaint to both the OFT and Solicitors Regulation Authority.

 

DB you have mail.

[tink1977]

if a set aside is going to be too difficult and i could possibly lose im not willing to do this incase they reapply

 

not terribly bothered about money back, although it would have been nice, i do however want them to go away,

what would i need to say/show to a solicitor so they understand what im trying to achieve, which is for them to go away

i have informed the office of fair trading about my case and hopes this helps to get this company stopped once and for all