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I Want to Set Aside a CCJ Obtained by Deception by Turnbull Rutherford/HFO


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Hi there,

 

In 2007 I was the victim (like many others) of the aggressive tactics of Turnbull Rutherford Solicitors

in conjunction with HFO Services (they are actually the same people, or were then

- HFO bought unsecured debts and Turnbull converted them to secured debts by a court order, on an industrial scale).

 

At the time in 2007, I was ignorant of what I should have done,

which was to question the validity of the contract by making a Subject Access Request.

But as I didn't know about this I had no option but to complete the N9A and offer to pay by instalments.

 

Turnbull/HFO wanted all the money and it was in their interest not to accept instalments,

therefore they pretended they had not received the N9A,

thus making it look as if I had not responded.

 

The court then naturally found against me by default.

 

Turnbull/HFO further muddied the waters by making up another bogus case

which was subsequently struck out by the judge when it was discovered that the case did not actually exist.

 

My first attempt to set aside this CO was unsuccessful

because the district judge seemed to be beguiled by the paralegal who showed up to defend Turnbull/HFO.

Also, by what the judge seemed to be saying,

he had not actually read my witness statement.

The judge dismissed my claim.

 

I have full documentation covering this case, including all court papers and over 20 exhibits.

 

Since this fiasco the FCA have asked to see this documentation and I have supplied them with copies of everything.

 

As the account is in dispute I have stopped paying the £55 a month I was paying to Turnbull/HFO by standing order towards this fraudulent account.

 

Last week I received a letter from HFO Capital (HFO Services had passed the account to their alter-ego HFO Capital)

demanding the restitution of my standing order.

 

 

I phoned HFO about this.

I told the person I was speaking to at the start of the conversation that I was recording the dialogue.

I then told him about the letter and reminded him that it was a criminal offence to demand money while an account was in dispute.

 

 

At this there was a complete change of attitude!

He told me that it was a terrible mistake and to "just ignore the letter".

 

I have paid Turnbull/HFO nearly £2,000 for this fraudulent account and

 

 

I seek to set aside this court order,

recover my money,

including all prior legal costs to date and clear my credit profile of this unjust item.

I also seek compensation for the time I have been obliged to spend trying to clear up this appalling mess

(by my reckoning about 80 hours and the distress caused.

 

HFO Services and their associates HFO Capital and Roxburgh UK, all debt purchasing companies,

have been barred from holding a consumer credit licence by the old OFT.

Additionally, Alastair Turnbull has been barred from the group consumer credit licence of the Law Society

(a hitherto unprecedented decision by the OFT)

as a result of his illegal activities and has clearly brought the reputation of the law into disrepute.

 

At this stage I would welcome the help of a solicitor to set aside this court order and to restore some justice in this matter.

 

I would welcome any suggestions on this forum.

 

Thanks.

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search for recent posts by DonkeyB

 

 

you are not alone

there are about 3-4 people on here that have recently been 'chased'

 

 

dx

please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s -  would collapse overnight.

 

DCA's view debtors as suckers, marks and mugs - that's why they will never tell you they are not bailiffs and have absolutely zero legal powers on any debt.

 

 

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Message sent to DB asking him to look in.

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I'll be along shortly xx

“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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don't call her shorty its not nice

 

 

dx

please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s -  would collapse overnight.

 

DCA's view debtors as suckers, marks and mugs - that's why they will never tell you they are not bailiffs and have absolutely zero legal powers on any debt.

 

 

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:Cry:

 

I am not short.. I am 5.5 and a bit :-(

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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Hi there,

 

In 2007 I was the victim (like many others) of the aggressive tactics of Turnbull Rutherford Solicitors

in conjunction with HFO Services (they are actually the same people, or were then

- HFO bought unsecured debts and Turnbull converted them to secured debts by a court order, on an industrial scale).

 

At the time in 2007, I was ignorant of what I should have done,

which was to question the validity of the contract by making a Subject Access Request.

But as I didn't know about this I had no option but to complete the N9A and offer to pay by instalments.

 

Turnbull/HFO wanted all the money and it was in their interest not to accept instalments,

therefore they pretended they had not received the N9A,

thus making it look as if I had not responded.

 

The court then naturally found against me by default.

 

Turnbull/HFO further muddied the waters by making up another bogus case

which was subsequently struck out by the judge when it was discovered that the case did not actually exist.

 

My first attempt to set aside this CO was unsuccessful

because the district judge seemed to be beguiled by the paralegal who showed up to defend Turnbull/HFO.

Also, by what the judge seemed to be saying,

he had not actually read my witness statement.

The judge dismissed my claim.

 

I have full documentation covering this case, including all court papers and over 20 exhibits.

 

Since this fiasco the FCA have asked to see this documentation and I have supplied them with copies of everything.

 

As the account is in dispute I have stopped paying the £55 a month I was paying to Turnbull/HFO by standing order towards this fraudulent account.

 

Last week I received a letter from HFO Capital (HFO Services had passed the account to their alter-ego HFO Capital)

demanding the restitution of my standing order.

 

 

I phoned HFO about this.

I told the person I was speaking to at the start of the conversation that I was recording the dialogue.

I then told him about the letter and reminded him that it was a criminal offence to demand money while an account was in dispute.

 

 

At this there was a complete change of attitude!

He told me that it was a terrible mistake and to "just ignore the letter".

 

I have paid Turnbull/HFO nearly £2,000 for this fraudulent account and

 

 

I seek to set aside this court order,

recover my money,

including all prior legal costs to date and clear my credit profile of this unjust item.

I also seek compensation for the time I have been obliged to spend trying to clear up this appalling mess

(by my reckoning about 80 hours and the distress caused.

 

HFO Services and their associates HFO Capital and Roxburgh UK, all debt purchasing companies,

have been barred from holding a consumer credit licence by the old OFT.

Additionally, Alastair Turnbull has been barred from the group consumer credit licence of the Law Society

(a hitherto unprecedented decision by the OFT)

as a result of his illegal activities and has clearly brought the reputation of the law into disrepute.

 

At this stage I would welcome the help of a solicitor to set aside this court order and to restore some justice in this matter.

 

I would welcome any suggestions on this forum.

 

Thanks.

 

Hi,

 

I'm struggling to see where the "fraud" is for the 2007 CCJ?

 

You admitted the debt so automatically got a CCJ against you, regardless of whether the Court had sight of your admission you still would have lost and had a CCJ. It doesn't matter that you weren't aware of the legal process at the time.

 

Combine with the fact that the CCJ was over 7 years ago, I don't see much hope of you getting the CCJ set-aside or you getting back a penny of what you have paid thus far.

 

Also I'm not sure that it is a criminal offence "to demand money while an account was in dispute" and all that stuff about HFO and Turnbull willhelp you.

 

I see that you've posted the exact same thing on the Legal seagulls forum.

You offered £1 pcm and this is probably why the Court thought this was unacceptable and have made the CCJ payable "forthwith" which means immediately and all in one lump sum, and did not order that you pay the CCJ in installments.

 

As you debt is just over £2500.00 it is a small claim and so unfortunately no law firm will touch it as they won't be able to recover their costs from the other side and I'm assuming that you cannot afford to pay a solicitor on a private basis.

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Hi,

 

I'm struggling to see where the "fraud" is for the 2007 CCJ?

 

You admitted the debt so automatically got a CCJ against you, regardless of whether the Court had sight of your admission you still would have lost and had a CCJ. It doesn't matter that you weren't aware of the legal process at the time.

 

Combine with the fact that the CCJ was over 7 years ago, I don't see much hope of you getting the CCJ set-aside or you getting back a penny of what you have paid thus far.

 

Also I'm not sure that it is a criminal offence "to demand money while an account was in dispute" and all that stuff about HFO and Turnbull willhelp you.

 

I see that you've posted the exact same thing on the Legal seagulls forum.

You offered £1 pcm and this is probably why the Court thought this was unacceptable and have made the CCJ payable "forthwith" which means immediately and all in one lump sum, and did not order that you pay the CCJ in installments.

 

As you debt is just over £2500.00 it is a small claim and so unfortunately no law firm will touch it as they won't be able to recover their costs from the other side and I'm assuming that you cannot afford to pay a solicitor on a private basis.

 

I have to agree with Gany, the 'old' account is completely different from the CCJ you have.

 

By not paying the CCJ and with them having the Charging Order, you are risking your home. You may be able to fight the old accounts charges/ppi etc, but you need to treat it separate from the CCJ.

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Hi,

 

I'm struggling to see where the "fraud" is for the 2007 CCJ?

 

You admitted the debt so automatically got a CCJ against you, regardless of whether the Court had sight of your admission you still would have lost and had a CCJ. It doesn't matter that you weren't aware of the legal process at the time.

 

Combine with the fact that the CCJ was over 7 years ago, I don't see much hope of you getting the CCJ set-aside or you getting back a penny of what you have paid thus far.

 

Also I'm not sure that it is a criminal offence "to demand money while an account was in dispute" and all that stuff about HFO and Turnbull willhelp you.

 

I see that you've posted the exact same thing on another website.

You offered £1 pcm and this is probably why the Court thought this was unacceptable and have made the CCJ payable "forthwith" which means immediately and all in one lump sum, and did not order that you pay the CCJ in installments.

 

As you debt is just over £2500.00 it is a small claim and so unfortunately no law firm will touch it as they won't be able to recover their costs from the other side and I'm assuming that you cannot afford to pay a solicitor on a private basis.

 

 

Ganymede,

 

The FRAUD is because Turnbull/HFO said they did not receive my court papers when, in fact, they had. They did not want my offer of £1 a month so they pretended that they had not received it. Therefore their perversion of the court process meant that the court found in their favour. (It is surely fraudulent to pervert court process, or am I missing the point?)

 

The court did not see my offer to pay £1 because they did not receive the offer to pay. Perhaps I hadn't made this clear: the court did not see my offer to pay because Turnbull/HFO pretended that they did not receive it and the case was heard at Croydon (their local court) and not my local court, which is where the case would have been transferred to had the court seen my offer to pay. Yes? Yes.

 

Therefore the CCJ was obtained by deception.

 

I also posted this on another website, as I would like to get some expert opinion on this as I am not a solicitor myself. So I posted this matter on websites where I thought I would be able to get such expert opinion. But perhaps, again, I am missing the point here.

 

You may like to clarify.

 

Then again, you may not.

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My point was you admitted the claim so you automatically got a CCJ. Whether the Claimant got your admission form is immaterial as you were getting a CCJ anyway.

 

It's unlikely that a Court would accept £1 pcm anyway and even if they did then it wouldn't stop the Claimant from enforcing the CCJ in the form of a Charging Order.

 

For this reason there is no fraud.

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The court did not know that I had admitted the claim because my papers were withheld from the court by Turnbull/HFO. That is why yhe case was transferred to the Claimant's local court and not mine. Had the court received my papers the case would have been transferred to my local court.

 

It is not beyond the bounds of possibility that the court would accept £1 per month - this has certainly happened in the recent past to my knowledge. But it would be nice if these papers which were intended for the court actually reached the court in the first place, so that the court would be in a position to make up its own mind about this. Wouldn't it?

 

Also, I suspect that it is exactly this type of cavalier attitude towards legal procedure that caused Turnbull/HFO and the whole group to have their CCLs taken away from them in the first place. Proper legal procedure should be adhered to, shouldn't it?

 

I don't suppose for one minute that you approve of such procedural malpractice by Turnbull/HFO, so the word "fraud" does immediately come to mind when describing what they did. Or perhaps "malpractice" is a better description. Or "hiding the truth from a judge"? I suppose there are many ways to describe it, so I'm less worried about how it is defined. What matters is that what they did was very dishonest. Let's not lose sight of that undeniable fact.

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They may not have received your form, did you send it recorded delivery?

 

Either way you would have got the CCJ whether the Claimant had sent on you admission form or not so I'm not sure where you're hoping this will get you.

 

The only thing that would be different is the Court may have ordered installments of £1 pcm but even if they had the Claimant would still be allowed to apply for a Charging Order.

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I got my CCJ and CO set aside, but that that about 2 years after the original CCJ.

Mine was set aside on the grounds that HFO Services obtained the CCJ, yet they had no legal standing in the matter and that HFO Capital should have made the claim.

 

You need to look at the original claim form and check the claimant and check it matches what they stated in the POC.

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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  • 2 months later...

so hows this going?

 

 

dx

please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s -  would collapse overnight.

 

DCA's view debtors as suckers, marks and mugs - that's why they will never tell you they are not bailiffs and have absolutely zero legal powers on any debt.

 

 

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The situation has not changed, dx100uk. I don't expect anything to happen until a determination on the HFO licence is made, but I can't see HFO's appeal working.

 

The biggest injustice would be if HFO were allowed to sell the account on to another DCA.

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HFO aren’t bothered about their licence now – they’ve sold their portfolio. That’s how investment banking works – in and out, make the money, stuff the consequences and the victims.

“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

 

If a Cagger helps you, click their star. Better still, make a donation however small, so that CAG can continue to help others.

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