court claim forms received From HFO***Claim Discontinued***

[DonkeyB]

Bear in mind these facts.

 

If they have only just informed you of the assignment (probably with a letter that, er, mistakenly claims to have ‘previously informed you’) then they cannot claim interest from the date of assignment – only from when you were notified of the assignment.

 

This is liable to be a fast track case, so CPR 31 is a must.

 

But first, give us a full history of all your contact with these clowns, and make that phone call.

[DonkeyB]

... and as HFO/TR have been quiet for so long, getting thoroughly done over by the OFT I hope, I fully expect a spate of these sort of claims to land on CAG this week. Let’s see...

[DonkeyB]

...and nice to see you have a better response here than your thread on MoneySavingExpert.com!

[DonkeyB]

Little update on the dirty beggars’ activities...

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?334112-Changes-at-HFO-Turnbull-Rutherford-%96-Quarterdeck-Law-Ltd&p=3992314#post3992314

[Good_Credit]

Hi Guys,

 

Thanks for all the replies.

 

Just got in from work. I have called Barclaycard and got the following nformation -

 

Default Date - August 2007

 

Debt Sold To HFO September 2007

 

Never Made payment to HFO

 

Last Payment made to Barclaycard 16th October 2006

[DonkeyB]

That explains why they have made the claim now – it was just about to become SB.

 

Do you live in Scotland by chance?

 

Have HFO or Turnbull Rutherford contacted you at all prior to receiving the claim form? Have you ever received a notice of assignment? Any letter before action?

 

Tell us about ALL of the correspondence.

 

Have you moved home since 2006?

 

Time for some CPR, I think.

[Good_Credit]

I live in England

 

I have been contacted by HFO before when I received a letter that has been described on the forums. It was threatening action within 10 working days. That was almost a year ago now.

 

I have only moved address once since 2006 and that was in 2009 and I have been living at the same address since.

 

Other then that I have never been contacted by them.

[DonkeyB]

So your first contact was almost a year ago, like many others at the time. No contact since then until the claim? We really need you to provide absolute detail. That’s where the devil is. Did you get the ‘as we have previously informed you’ letter?

 

Can you scan and post the specific letters you received?

 

In the meantime, have a look at CPR31.

[Good_Credit]

I don't have the letter they previously sent me. This has been thte first contact since then.

 

What steps shall I take to defend the claim?

[Bandit127]

You definitely didn't get a letter that said Letter Before Action or Letter Before Claim summarising what was owed and what you were required to do about it?

[DonkeyB]

Well, you disagree with the claim. So defend.

 

You can go online and state you will be defending, and request the extra 14 days to enter your defence.

 

Look up CPR 31!

 

Time to demand copies of EVERYTHING they claim they did and sent in their extensive particulars of claim, ie. credit agreement, copies of letters sent, default notice from Barclaycard – everything. You KNOW they did not send a letter before action, but I bet one turns up. They make things up to suit their case (which I can prove), so we must be careful.

[Good_Credit]

Hi Guys,

 

I have completed the AOS part last night online. Today I sent the CPR 31 letter via Recorded delivery to the solicitors. I have a couple of questions -

 

1. Do I also need to send CRP Part 18?

2. When do I start my defence? If/When the solicitors fail to reply?

 

I have never done this before so would appreciate as much help as possible.

 

Thanks

[Good_Credit]

I sent the CRP 31 but I did not sign it. Will that make any difference?

Edited September 25, 2012 by Good_Credit

[broken arrow]

http://www.bailii.org/ew/cases/Misc/2012/19.html

[broken arrow]

The above case is worth a read, apolgies to Turnbull if your looking in, I know it hurt..HaHaHa

[DonkeyB]

Turnbull’s too busy playing with his new toy – Prime Arbor Capital Ltd.

[Good_Credit]

Hi Guys,

 

What do I do if there is no response after 7 days?

 

Thanks

[DonkeyB]

Declare war.

 

Let’s see what happens. Make sure everything always goes recorded. Email reminders to Mr Tytherleigh would be useful too. Just set up a temporary hotmail account. Keep the pressure on.

[broken arrow]

Hi Guys,

 

What do I do if there is no response after 7 days?

 

Thanks

 

Don't panic you're in very good hands.

[coledog]

Morning

 

Sorry been offline.

 

I have asked the site team to start a new thread for 'jack' otherwise this will get confusing

[citizenB]

http://www.bailii.org/ew/cases/Misc/2012/19.html

 

 

 

3. However, Miss Margiotta on behalf of the claimant has considered the matter further with the paralegal attending her and now submits that the appropriate order that I should make is not that it be dismissed, but that it should be stayed for this reason; it had been noted that in my judgment I pointed out that there was a lack of evidence that was put forward by the claimant, and in particular identified what I regarded as perhaps a surprising and striking absence of evidence from Barclaycard. It is now suggested that I should stay the matter so that an opportunity is given for that further evidence to be obtained by Barclaycard.

 

4It would be quite wrong for me to entertain any such application. Had the claimant wished or been able to provide that evidence from Barclaycard, then the claimant ought to have produced it for this trial and not another proposed trial with consequential additional costs, and it is simply not good enough to suggest, as Miss Margiotta has, that the reason that the claimant did not produce that better evidence was because of issues of proportionality, yet now that the claimant has lost the case it should have a further opportunity to provide better evidence.

 

Thank goodness for a fair Judge. They start these claims with no information leaving the defendant at a disadvantage and then when they lose their claim.. they say .. hold on.. can we have another trial by that time we will have gathered together all the evidence ! They had more than sufficient time to have done that prior to THIS trial !

[citizenB]

http://www.consumeractiongroup.co.uk/forum/showthread.php?366970-Jackthepipa-v-HFO

 

jackthepippa has his own thread now - linked above.

[Good_Credit]

Hi Guys,

 

I hope everyone had a good weekend.

 

I received this letter. They are offereing to setlle at £3800.00 the original amount and not the £6400.00 on the court papers. What action should I take next?

 

Thanks

[broken arrow]

Hi Guys,

 

I hope everyone had a good weekend.

 

I received this letter. They are offereing to setlle at £3800.00 the original amount and not the £6400.00 on the court papers. What action should I take next?

 

Thanks

Because if they went to court they would get nothing, they are probably aware you're getting advice from this forum.

[jackthepippa]

I have very good news. My CCJ Claim has been been discontinued!