Rutherford/HFO Capital Ltd & HFO Services Ltd - 2007 BC 'debt' now LINK - set aside hearing

[coops999]

Hi,

I'm hoping someone may be able to help me with a problem I have which involves Turnbull Rutherford / HFO Capital Limited & HFO Services Ltd.

 

It revolves around a Barclaycard debt going back to 2007.

 

I have attempted to get Divorced & had my submission returned form the Court due to their being a Couple of Charging Orders

listed against the property I shared with my ex which we had a mortgage in joint names on.

 

It would appear that a CCJ was granted at Northampton CC on 4th July 2008 in favour of HFO Services Ltd

( I was never notified that they had applied for a judgement so was not able to attend to defend ),

subsequently a Charging order was granted on 14th August 2008 at Guildford CC

( according to a letter from Turnbull Rutherford )

although a copy of the Final Charging Order as supplied by Turnbull Rutherford is Stamped Guildford CC &

Dated 29th September 2008 ( again I received no notification of this action so was unable to attend to defend).

 

I first made contact with TR in December 2012 to query the Charging Order

& also to enquire as to what the debt was as I had no knowledge of it,

at the time of my call the representative of TR was very vague

& offered little information, although I stated that I had received no paperwork or notice of the action taken his response was basically

 

 

'' we have the charging order so I doesn't matter now anyway, pay or we will sell your house''.

 

I received a letter from TR a couple of days after my call suggesting that I had discussed a settlement figure for the debt

( which I never had ) and the client detailed on the letter was HFO SERVICES LTD.

 

I spoke to my ex - wife who confirmed that she had not received any paperwork in relation to this matter

( I was no longer living at the marital home & hadn't been resident since 2006 )

 

 

I spoke with someone who advised the debt was 6 years old that it would be statute barred

& to have no further contact with TR which I duly did.

 

I received another letter from TR in March 2013 again incorrectly stating that I had contacted them

and requested a settlement figure ( which I had not ) I ignored this letter and made no contact with TR.

 

I applied to Guildford CC to have the judgement set aside

I completed a form as supplied by the court and paid the fee

( cannot recall the amount ) and sent the paperwork to the court.

 

Approximately a week later I received a call from TR which I took by mistake

during the course of which the TR representative again suggested that if I didn't pay

they would force the sale of the property & also that my attempt to get the judgement set aside would fail,

they suggested that the court had contacted them following receipt of my application which had prompted their call.

 

I have until recently resisted all contact from TR

however my circumstances have changed whereby my ex wife now wants to move on with her life

& potentially re-marry which she cannot do until we are legally divorced,

she had suggested that her Father would be willing to settle the debt in order

to get the charging order lifted so that the divorce can go through.

 

Reluctantly I have tried to contact TR only to find that they have been struck off

and that the Debt is now being handled by HFO SERVICES Limited,

 

 

I have obtained their number and called them,

I have requested a settlement figure to which they have asked me to make an offer,

as instructed by my ex father in law I have offered the sum of £1800.00 against a debt of £3547.90,

 

 

I spoke with a guy called Ankur Srivastava who said he would go back to his client

and respond to me by email which he has now done.

 

His response is as below;

Your Account With- HFO Capital Limited

Original Lender- Barclaycard

Original Reference- ..............#

Balance Outstanding: £3,670.90

 

Further to our telephone conversation this afternoon,

we would like to inform you that HFO Capital is willing to close the account by offering you a one off payment for £2,753.17

as full and final payment on the account.

his represents 75% of the current outstanding balance.

 

We would also like to inform that above mentioned balance does not include any post judgment interest added to it.

As you may be aware the judgment was obtained in 2008,

however HFO Capital has decided to waive off interest for all this time.

 

HFO Capital Limited would also like to confirm that once the payment is received in full,

we would inform the court to get the judgment marked as satisfied against your name

and also instruct the land registry to remove the charge from your property.

HFO Capital would also be contacting the relevant credit agencies

to get the default marked as satisfied against your name.

 

Please feel free to contact me on 0208 899 7452 if you have any further questions.

 

 

Please note that settlement offers are time bound and would be valid for a fixed time.

 

Regards,

Ankur Srivastava

 

HFO Capital Limited

PO Box 342, Lavender Park Road,

West Byfleet, KT14 6YX

T: 0208 899 7457

 

This footer also confirms that this e-mail message has been scanned for the presence of computer viruses. Any views expressed in this message are those of the individual sender, except where the sender specifies and with authority, states them to be the views of HFO Capital Limited.

HFO Capital Limited is a limited company registered in in Eire; Registered Office: 22 Bridge Street, Ringsend, Dublin 4, Eire Registered Number: 446327 Vat Registration Number: IE.9673073N. Director: B Nathan (British) S. Blackburn (Maltese)

HFO Capital Limited is authorized and regulated by the Financial Conduct Authority. Interim Permission Number 614989.

I have noted that he is saying that his client is HFO CAPITAL LTD

& he has signed off his email as being an employee of HFO CAPITAL LTD,

the judgment & Charging Order is in favor of HFO SERVICES LTD.

I have tried to contact GUILDFORD CC to seek clarification of the judgement

& who it is in favour of to see if the fact that monies are being requested to be paid to a company

other than that named on the Judgement & Charging Order is legal or if I can get the Judgement set aside due to this discrepancy.

I apologise for rambling but am new to this & out of my depth,

just wanted to put as much detail on here as possible in the hope that someone can help me.

Any help or advice would be gratefully received.

Edited December 3, 2014 by coops999
grammar

[dx100uk]

oohh call the HFO gang...

 

 

yes you've disccover exactly what we've found out

 

 

they are trying to fleece people

on money not owed to them.

 

 

let me see if I can dangle a fish andget the crew to respond..

 

 

well done everything correct

barr talking to them on the phone

 

 

that's a no no unless you've recorded the conversations?

 

 

dx

[fkofilee]

ERRR!! I thought HFO had their license removed?

[slick132]

Hi Coops,

 

Stop talking to anyone by phone and keep it all in writing, so you have a proper papertrail.

 

When you applied to Guildford Court to have the CCJ set aside, what happened subsequently giving dates and events.

 

[DonkeyB]

Oooh! Step back! I’m their worst enemy. Ever... Gimme a while to digest.

[DonkeyB]

... but there is a total failure again to reassign a debt. They’ve done this before. Oh dear. Get a letter to the FCA ready!

[dx100uk]

duck HFO...

 

 

INCOMMMMMMINGGGGGG>>>>>>>>>

 

 

dx

[DonkeyB]

Duck? Best with a nice red wine reduction...

[coops999]

Hi Slick 123.

 

 

I never received anything back from Guildford CC after submitting the request to have the judgement set aside, the only thing that happened after the submission was a call from TR about a week later.

 

 

With regards to timeline, I cannot remember the exact date of the submission to GCC but I guess if I contact them they will have a record of it, but it was approx. beginning of December 2012 as the letter that I received from TR is dated 11th December 2012 & this was received a couple of days after the phone call as detailed in my original post.

 

 

I have tried to contact GCC yesterday but their automated phone service is not working correctly so have had to resort to emailing them, I have received a response from them advising that they will get back to me within the next 5 days due to high volume of enquiries that they are dealing with.

 

 

Sorry cannot be more specific or detailed.

[slick132]

Hi Coops,

 

It's not good, that you failed to chase the court 2 years ago when they didn't respond to your application to Set Aside the CCJ

 

Can you check and see if the court took your payment back in December 2012. Then you could write to the court asking why they took no action, if you believe that's the case.

 

[sillygirl1]

If you sent the docs to TR they may have conveniently 'lost' them...

 

Watching with interest.

[coops999]

Hi Slick 123, I have changed banks in the last couple of years & may not have the statements to trace if payment was taken,

 

 

I do know that I issued the payment in a crossed cheque,

realise it was an error not to chase the court up but to be honest wasn't sure how the system worked

& incorrectly assumed that when the court received my request to set aside

that they had contacted TR which is why I got the random call from them

& that the court had also provided them with my address which I had not given to TR.

 

Would the court have a record of my request & be able to confirm if payment was taken??

 

Does the fact that I didn't chase the court affect my chances of getting this set aside now?

 

Really appreciate all the help, just difficult because have no knowledge on how best to deal with these people.

[coops999]

Hi Sillygirl1,

 

 

Haven't sent any doc's to TR, was advised not to write to them or provide address or anything bearing my signature.

 

 

Got the form from the GCC completed & returned together with cheque in payment,

 

 

heard nothing back from GCC & as

 

 

I have said got a random call from TR & then a letter to my address ( which I hadn't given them )

 

 

confirming a spurious conversation about settlement figures that I never had.

 

Have had several missed calls from Ankur today all of which I have ignored, have checked & he has left no voice mails...

 

Not sure what to do now....

[coops999]

Have just received an email back from GCC saying that the only way to get the judgement set aside is to complete the N244 form in triplicate & pay £155.00.

 

 

Not entirely sure what to put on the form in regards to ''legal representative'', ''information I will be relying on in court'' '' the statement of case''.

 

 

Should I request that the application be dealt with at a ' hearing'' ''without a hearing'' or '' at a telephone hearing''

[sillygirl1]

I would apply for the stay, and ask for all costs to be kept to a minimum by both sides and that TR must show ALL documents and details of phone calls (including where the call was coming from - ie the incoming phone no) before the hearing.

 

Others will help with the wording.

[dx100uk]

get an sar off to your old bank

get proof

 

 

dx

[coops999]

Hi DX100uk,

 

 

Should I be sending this SAR to just my bank or to TR & HFO aswell?

[slick132]

Hi Coops,

 

SAR's always go to the original lender as only they have the relevant a/c data.

 

CCA's are sent to whoever is currently making demands.

 

Edited December 6, 2014 by slick132

[DonkeyB]

An SAR to Turnbull Rutherford AND to HFO Capital and HFO Services would also be useful (but that’s another £30). It would reveal a lot. You want copies of ALL letters sent, and details of all calls made and received with case and system notes (I know they can do this).

 

There’s lots of problems with them chasing as HFO Capital – HFOC acquired the shares in HFO Services two years ago when HFOS’s holding company was put into liquidation (shares bought for just £6,000 – you might think that’s a bit cheap, but that’s creative capitalism for you).

 

So technically the accounts of HFO Services have been assigned back to HFO Capital – but as you’ll see from recent HFO threads, HFO Capital hasn’t bothered to tell the account holders about this. It is required by law under The Law of Property Act 1925. Otherwise they have no right to collect.

 

In your case, as there’s a judgment in place, HFO Capital must apply to the court to be substituted as the claimant if it wishes to continue to chase you. And you can be sure they have not done this. More breaches to report to the FCA – this is serious stuff.

 

That’s why I suggest an SAR. Make them show what they claim to have done (they never really did half of it).

 

And you should complain strongly about their failures to the FCA – they are breaking debt collection guidelines yet again, and this will help the FCA put the final nail in their coffin and remove their consumer credit licence for good.

 

You’ll find Turnbull Rutherford in Chiswick now. I suspect the person writing to you is working from there, although TR have claimed not to be working for HFO any more. HFOC have changed the phone number on their website from one in Chiswick to an 08- number.

 

The earlier telecons contained lies as to the true nature of the legal situation – for example, they can’t tell you you won’t get a set aside – that’s for a judge to decide. And there’s no way the court phoned them – they would have simply been notified of the application by post. They are trying to make out they are chummy with the court to frighten you. Ditto, they can’t just sell the house – do you have a joint mortgage? If so, it’s not a full CO, only a restriction, and they’d have to apply to the court anyway – no court would force a sale for a debt this size.

 

The letter claiming they have kindly not added interest is also misleading. In a small claim under £5k, they can’t claim ongoing interest. They are serially deliberately misleading you. You must report all this to the FCA.

 

Why did you not receive the original claim form? Have you asked the court for a copy of the judgment to see what address is on there?

 

In the meantime, let’s see what Guildford CC has to say. As slick says, you’ve let this slip dangerously.

[coops999]

Hi DonkeyB,

 

 

firstly thanks for your help & taking the time to come back to me.

 

 

I think the additional £30 to get the information from TR, HFOC & HFOS is worthwhile, I have viewed the template letter and just had a couple of questions;

 

 

1) Do I need to insert an additional paragraph to the template letter to request ''You want copies of ALL letters sent, and details of all calls made and received with case and system notes (I know they can do this).''

 

 

2) Am I ok to sign the letter? Had been advised not to provide my signature as these firms copy and insert on doc's to falsify records / agreements.

 

 

With regards to GCC, never received any communication back from them, as for current communication have so far been unable to speak to anyone on the number provided on their website, only method of contact is via the email address & they keep sending back email saying that they will be back to me within 5 days due to a backlog of work.

 

 

Should I send the N244 & a SAR to GCC?

 

 

Sorry to be so needy just want to do this right as I realise that I have already made it more difficult by not doing things properly in the first place.

[DonkeyB]

Apologies for delayed response.

 

No need to SAR the court.

 

Better reword your specific request to ‘I require copies of all letters sent by you to me, a log of all calls made and received, and copies of all data and notes contained on your computer systems.’ Edit the template letter so it fits your circumstances – blindly copying a template can be dangerous. Read and understand what you’re asking for.

 

Just sign the letter with a slightly different signature to your normal one and keep a copy of exactly what you send. They won’t lift your signature – that was really an isolated case with a certain bank a while ago – it’s very rare, and usually gets found out.

 

Press the court again for a response to your earlier query. As asked earlier, can you confirm whether they took the fee?

[coops999]

Hi DonkeyB / All,

 

 

well I sent off the SAR's to HFO and had heard nothing until 10 minutes ago when

 

 

I received an email from ANKUR @HFO advising me that HFO CAPITAL have sold the account to LINK FINANCIAL LTD

and has advised me to contact them directly on 03330145145 .

I haven't called them & have received nothing through the post from either HFO or LINK.

 

I have not as yet submitted to Guildford County Court to set aside as was waiting for the SAR info to come back

before seeking your advice and doing anything further.

 

What course of action should I take now?

[DonkeyB]

Hi DonkeyB / All,

 

 

well I sent off the SAR's to HFO and had heard nothing until 10 minutes ago when I received an email from ANKUR @HFO advising me that HFO CAPITAL have sold the account to LINK FINANCIAL LTD and has advised me to contact them directly on 03330145145 . I haven't called them & have received nothing through the post from either HFO or LINK.

I have not as yet submitted to Guildford County Court to set aside as was waiting for the SAR info to come back before seeking your advice and doing anything further.

What course of action should I take now?

 

 

Insist that they comply with the SAR! It is a legal requirement that they do. The sale is irrelevant. You need that info.

[coops999]

well its been some time now,

 

 

I never got any response from HFO SERVICES or HFO CAPITAL or TURNBULL RUTHERFORD in regards to SAR request,

 

 

when I challenged HFO CAPITAL LTD by email as to why they had not responded and met their legal obligation

they advised that they had sold the debt to a company called LINK FINANCIAL LTD.

 

I have now been to GUILDFORD COUNTY COURT & submitted the N244 personally requesting that the judgement be set aside,

I have now got a hearing date of the 12th June.

 

I have requested that the judgement be set aside on the basis that it was awarded to HFO SERVICES LTD & that they no longer trade,

supported by the fact that HFO CAPITAL LTD have failed to provide against the SAR requests I submitted.

 

I intend to attend the hearing just wondering if anyone could advise as to the best way to put present to get the judgement set aside?

 

I have never been to court before so bit unsure of how / what to do, any help would be much appreciated.

[dx100uk]

rubber stamp exercise basically

 

 

for sure the otherside wont show

so easy peasy.

 

 

dx