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

[dadofholly]

That NOA has never been anywhere near BC, and as it has been signed is fraudulant. T&R know this.

 

The printout from Barclaycard clearly shows the sale being made to Roxburghe - no surprise there. And the claimant as HFO Services - It looks like you may have grounds for a set aside of the judgement.

 

What did you recieve in response to your s.78 request? Did they send you a copy of the agreement or the T&C's?

 

You need to complain about this to the Office of Fair Trading.

[tink1977]

That NOA has never been anywhere near BC, and as it has been signed is fraudulant. T&R know this.

 

The printout from Barclaycard clearly shows the sale being made to Roxburghe - no surprise there. And the claimant as HFO Services - It looks like you may have grounds for a set aside of the judgement.

 

What did you recieve in response to your s.78 request? Did they send you a copy of the agreement or the T&C's?

 

You need to comJplain about this to the Office of Fair Trading.

 

I am at work at the min so I will have a look when I get home. Yes I think I have got a terms of agreement and terms and conditions. I think they were one of the very few things I actually did receive. Will confirm ASAP.

[tink1977]

Right, I have just been through all the paperwork again and I have got a signed copy of my credit agreement, a letter outlying personal information and how it is used and barclaycards terms and conditions.

If I manage to get the judgement set aside what happens to everything I have paid and to the partial bank charges I won back which they paid to hfo?

If I am successful in getting it set aside how do I get this debt removed off my credit file?

 

I am totally clueless about how to proceed from here. I have been asked to inform trading standards but I have no idea how to explain everything that has been going off and I don't know where to go for legal help that won't cost a fortune. I have tried the law centre before but because it's such an in depth problem I can't seem to make them understand and look at what is happening. I have been told by no end of people that because I owe the debt they have the right to chase it. It's become very frustrating as I can tell by everything I have got that things don't add up but I just don't know how to put things into words and letters that will make people understand.

 

Also someone else mentioned earlier in the thread that I should be able to obtain a full refund of all my charges plus interest, they only paid hfo aroun £90 when the actual amount owing was over £200. I never agreed to the figure they paid hfo, I was sent a letter stating this is what they were going to pay them on my behalf in full and final settlement. How can I pursue this again for the full amount?

 

Would you advise based on all info I have posted that I still contact hfo again for a SAR?

[DonkeyB]

There are some interesting elements to this.

 

1. The NoA clearly states sold to HFO Capital Ltd.

 

2. There is no reassignment to HFO Services Ltd.

 

3. Turnbull Rutherford’s letter is a total LIE – they claim that the assignment is OK, as their client was previously known as Roxburghe. True, but only for a fortnight, at a time when there was no company trading as Roxburghe UK – the company was dormant at the time. Provably.

 

4. TR seem to think therefore that the account was originally assigned to HFO Services, which it was not – so in some ways the tripe about Rox is irrelevant.

 

5. You need to apply for set aside on the grounds of information you have only now discovered – you must act promptly on new info. With no assignment to HFO Services, they are stuffed. And their letter proves they are liars of the highest order.

[tink1977]

There are some interesting elements to this.

 

1. The NoA clearly states sold to HFO Capital Ltd.

 

2. There is no reassignment to HFO Services Ltd.

 

3. Turnbull Rutherford’s letter is a total LIE – they claim that the assignment is OK, as their client was previously known as Roxburghe. True, but only for a fortnight, at a time when there was no company trading as Roxburghe UK – the company was dormant at the time. Provably.

 

4. TR seem to think therefore that the account was originally assigned to HFO Services, which it was not – so in some ways the tripe about Rox is irrelevant.

 

5. You need to apply for set aside on the grounds of information you have only now discovered – you must act promptly on new info. With no assignment to HFO Services, they are stuffed. And their letter proves they are liars of the highest order.

 

Right, so as I understand this I have definatly got grounds to have this set aside. How do I do this? Do I apply to the court or do I notify turnbull? Also do I have to involve a solicitor or can it be done without? Will I have to attended court or do I just enclose all evidence that proves my case? Sorry for all the questions. I have got to this stage before but just have no idea how to proceed. I am worried that without the correct help they could keep this goi g forever.

[capcom]

Tink you are and will be getting the correct help, its difficult to understand at first but with the help of the fan club and your research into your consumer rights, you will soon understand.

 

I would like to offer advice, but the others are more experienced, Im a fan club cheer leader supporting the players in the great HFO game.

[tink1977]

Tink you are and will be getting the correct help, its difficult to understand at first but with the help of the fan club and your research into your consumer rights, you will soon understand.

 

I would like to offer advice, but the others are more experienced, Im a fan club cheer leader supporting the players in the great HFO game.

 

I probably worded my last post wrong sorry. I am so happy to be finally getting somewhere that could have a positive outcome regarding hfo, I am really gratefull for everything that the people on here have done so far in helping me wade though my paperwork etc.

The correct help I meant was if I have to go to court to sort this out should I be seeking a solicitor etc who would be better able to word and understand my position and showing them all the advice / evidence that everyone on here has given. I don't want to jeopardise the chances of a set aside through lack of understanding and reading up on how to set aside it would appear that most people seek to do this early on, my claim is quite old. It's mainly now finding out how I take the next step.

[Dot1]

Hi Tink, You are in the right place and you will get all the help you need. Just stay calm and follow the advice you are being given. There are great people on this forum with wealth of experience. I am sure people will come along soon to guide you on how to set aside. Following your thread, I think you have a good prospect of success. Good luck.

[tink1977]

Hi, I have taken the advice given to me on here and I have now recieved a N244 for to apply to have the judgement set aside. I have also recieved aEX160A form to apply for a fee concession based on that I only work part time hours. Where do I go from here? Do I fill in the information without a solicitors help or would you advise that my next step is to get some help from someone to complete this form?

 

I think I have enough evidence regarding the debt to submit to the court but I have no idea what to out on the form.

[tink1977]

Also wanting to forward all this to the OFT. Does anyone have an address and again what do I include in my letter?

[tink1977]

Also wanting to forward all this to the OFT. Does anyone have an address and again what do I include in my letter?

 

I am now completely confused. Having spoken to the court today they have told me that because I have admitted owing the debt, I presume I did that by paying it? That it's highly unlikely that the judge will set aside this judgement.

It would appear that the recent order that I attend court is due to a letter I wrote advising the court that I was struggling with the £50 per month payments was treated as an application to vary the order and drop my payments. I have to attend court for this on the 25/7/2012.

I asked if turnbull and rutherford had anything to do with this latest court demand and was told that it was the county court who had set this up not them. I have been told that I have got to send in an attachment of earnings form ASAP and that a copy will be sent to turnbull and Rutherford. The interesting thing about this so far is that I stopped paying them in feb on the grounds that I didn't know where to send payments to with regards to there quaterdeck law name change etc and since then I haven't heard a peep from them, CONFUSED

[coledog]

I had assumed that the hearing was for a variation of the payment that is why I suggested that you look at the links I put on. If you are not paying it why apply for a variation?

 

The Set Aside is on the basis that you have now received new information about this claim that you were not aware of when you agreed to the payment and if you had known, you would have had grounds to successfully defend it in court.

 

I am not the best one to advise on submitting the application - need BA and DB to look at it

[tink1977]

That's just it, I was paying £50 per month untill feb this year, I never applied for a variation order. I wrote to the court as I was unsure of what to when I had read that turnbull had changed there name to quaterdeck and the particular telephone number I had rung them on in the past was out of action. I only rung it to see if it was available. All my correspondence to them for the past year has been via writing only.

Apparantly by contacting the court to inform them of my new address, which I felt I had to do based on the suspended attachment of earnings order (I don't really want my employers getting involved) and by telling them that I was unsure what to do next as I didn't want my payments floating around in thin air and also informing them of a change in my circumstances regarding my income. The court took this as an application to vary the order. Hence the court date. I haven't actually paid a penny since feb 2011

[DonkeyB]

You mean since Feb 2012?

[tink1977]

You mean since Feb 2012?

 

Sorry, yes I meant since feb 2012.

[tink1977]

I had assumed that the hearing was for a variation of the payment that is why I suggested that you look at the links I put on. If you are not paying it why apply for a variation?

 

The Set Aside is on the basis that you have now received new information about this claim that you were not aware of when you agreed to the payment and if you had known, you would have had grounds to successfully defend it in court.

 

I am not the best one to advise on submitting the application - need BA and DB to look at it

 

 

Ok, I have also rung the law centre with regards to representation should I have to go to court to get this set aside. Waiting to hear from them but they said it could be tomorrow. The guidance form states that most applications will require that You attend a hearing. Just want to make sure I have the best possible chance of winning this.

 

With the advice given on here and all my paperwork I feel I could be in with a chance but I don't feel confident in representing myself.

[tink1977]

The latest update on this is that the law centre have been in touch and have decided that I would need to come in and see one of their debt management team. The bad news is there is a waiting list of at least 4 to 6 weeks before I will be able to do this.

 

The other option I have been thinking is maybe to draft a letter and send to turnbull and Rutherford providing them with the evidence I have to take my chance in court with a set aside and see if this scares them I to stopping all action? If you have read the letter dated the 1/3/2011 they ask me to provide them with evidence to substantiate that I have a real prospect of successfully defending my set aside claim. I didnt think I had to provide them with anything relating to any case I put forward? Do you think they asked me for this information as they were worried that I may succeed or is this normal for them to do this?

 

Alternatively I seem to have threes other options, represent myself and submit the form in the hope that the judge sees what we all see. wait for ths debt interview at the law centre or try and find a solicitor that deals in debt and see if I qualify or legal aid. If you can advise on what you think my best course of action will be I would be gratefull for your input.

 

I think it was dole dog that states somewhere in this thread about Roxburgh behind dormant at the time of sale? Is there anyway I can copy that information from somewhere as further proof?

 

Apologies for the constant questions I know there are 100's of us out there that are being nailed to the wall by this company and all needing help. I am just trying to find out where I can go to get the ball rolling as it is my week off this week so I actually have the time to sit and make the calls and trawl the net. I have also done as you asked and submitted a complaint to trading standards.

 

Thanks.

[tink1977]

cole dog, sorry not dole dog lol. It was the auto correct on my laptop.

[dadofholly]

If you have read the letter dated the 1/3/2011 they ask me to provide them with evidence to substantiate that I have a real prospect of successfully defending my set aside claim. .

 

Why did they send you this letter?

[tink1977]

They sent me the letter because by then they had been notified by barclaycard of my subject access request. I was forced to make contact with turnbull as Barclaycard were sending all my requested paperwork direct to turnbull and not to myself and they were not forwarding this to me. I queried why the debt sale was listed as Roxburgh and not HFO and thats when they confirm that Roxburghe was the previous name which changed in 2004, this still makes no sense as barclaycard sold my debt to Roxburghe in 2006 as you can see on the DPA printout that I have also submitted to the site.

 

The letter then goes on to say that my request for a true and signed copy of my agreement can be made directly to them and they will then forward this payment on. I had already made this request to Barclaycard so I don't know why they then tried to get me to request it from them.

 

I think from the information I had asked for they obviously got wind that I may be planning to use this info against them as thats when it goes on to say if I intend to file an application to have the judgement set aside, they kindly request that I provide them with the evidence I may have that substantiates that I have a real prospect of successfully defending the claim. It does then go on to say that as the judgement was filed in 2007 I will need to overcome the obstacle of "promptness" when making my application. I think they are banking on it not being successful because of the length of time that has elapsed.

 

As you know the reason for this is I didn't know I had grounds for a set aside until they began perusing the debt again almost 4 years after they had stopped. It was only then that I began to look into this company and started to realise what they were really like.

[DonkeyB]

I think we need to see all the documents you have, inc the original claim form.

[tink1977]

Anything I have relating to court I have already submitted. I don't have anything else relating to when it first went to court. As they stopped pursing it and I had carried it around to 2 different properties I destroyed it all.

 

I did go to the court and ask for copies of anything relating to my file which they did, they actually told me at the time that they didn't have much in archives as so much time had elapsed since the first claim that they were in the process of making it a dead file.

 

All I have is my first court document, which I have already put on and the later ones relating to the attachment of earnings. I have put these on as well. I was advised to do this as at the time people on here were trying to find out what address HFO services had given me on the court documents. I explained then that I wasn't given any details for HFO to forward payment and all my correspondence has turnbull and Rutherford's address on it.

 

I also included the NOA

 

The DPA printout that shows debt sale as being roxburghe and anything else I think will be of use. What else can I provide and I will see if I have got it?

[dadofholly]

Do you have the original particulars of claim from the claim form?

 

Can i clarify if you have you actually applied for a set aside yet - or not?

[tink1977]

All I have is a defence and counterclaim form for Wandsworth county court, with the claimant being listed as HFO services. On this form I admitted to £440 of the £1,071 .13. My reason for this was that this was my credit limit with barclaycard and when I had to come out of work I had not gone over my credit limit. This happened when they started adding charges and interest to the account. I explained my reason for this on the defence section of the form but the judge dismissed it.

 

It was then transferred to my local court which was chesterfield who entered a judgement in default as It states I failed to reply to the claim form. I haven't got a copy of the claim form so I don't know why I didn't reply. I can only assume that this was the form that asked me for money in order to be able to submit it. I just didn't have it at the time. I was in debt up to my eyeballs having had to leave my employment due to a sick child. No excuse I know, but so much was going on at this time I was really struggling alone with the breakdown of my relationship at this time as well. I just didn't know how to deal with it all so I took the ostrich approach which was to bury my head and pretend it wasn't all happening. It was the wrong thing to do and it's got me nothing but grief now.

 

I have recieved the application form to apply to have the judgement set aside but no I haven't submitted anything yet as I am unsure what to do now in terms of representation and how to fill the form out correctly.

 

This was why I was wondering if given their current circumstances would it be worth writing to hfo/ turnbull informing them of all evidence I have regarding incorrect sale etc and see if It scares them enough to drop it without further court action to get the judgement set aside?

[coledog]

You really need to get the original Particulars of Claim that were submitted to Wandsworth as this is what you originally would have defended. Have you asked Wandsworth to supply a copy of this?

 

To apply for a Set Aside you need to explain why you want this but also show that you had grounds to defend the original claim, so you need to get everything in order.

 

If Wandsworth cannot supply this - an idea is to actually write to TR and ask them to supply you with a copy! I would not however, disclose too much to TR at this stage however I suspect that they have more problems at the moment than chasing you for money!