Hfo CCJ/CO now sold to LInk

[riolto10]

Hi and first of all thanks for any help

 

Have defended a claim from HFO.

using advice from cags and reading many threads'I have a allocation hearing for May 2011

 

 

today received from the court Application notice N244 to the court from hfo stating

 

1 the defence be struck out

2 Because the claimant believes that the defence discloses no real prospects of sucess at trial and there is no other good that the claim be disposed of at the trial

 

Note pursuant to CPR24.5(1|) the defendent should file any written evidence he wishes to rely on in his defence to the summary application,

then he must file and serve such evidence at least seven days before the hearing

 

Short summary

Debt is with Barclaycard over £15k pounds with £6k interest add at 12% by hfo

 

only application form supplied

no terms and conditions on application form

 

 

debt would have been statues barred on 11 Jan 2011

court action started by hfo begining of November 2010.

 

Have sent to hfo under CPR 31.14 request for credit agreement, terms and conditions default notice

and orginal proof of asignment from Barclaycard to hfo

 

 

I have made this request twice

the first time I received a application form

some statements dating back to Jan 2005

and a letter stating it was from barclaycard logo blurred

saying with effect from 27 November 2005 we have assigned your account to hfo capital Limited.

 

The question I am asking

 

 

what is my next course of action regarding there latest N244 application notice

and how do I prepare written evidence for this hearing on do I use a form to do this

[sillygirl1]

I'll alert the HFO fan club to your thread, rather naughty of them to do this....

[riolto10]

Once again thanks for any help and for taking the time to allert the HFO fan club

[sequenci]

Moved to legal issues.

[riolto10]

thanks for that

[coledog]

Hi and welcome

 

are you able to type in or scan (with personal details and numbers removed) the Particulars of Claim from the claim form and also copy up the defence you have actually submitted?

[broken arrow]

Can you post Claim form and your defence, removing any personal info.

Edited January 25, 2011 by broken arrow

[riolto10]

Copy of defence lodged will have to type up claims form+

 

Claim Number :

Between

 

H.F.O - Claima

 

- Defendant

 

 

 

Defence

 

1. I xcxxxxxxxxxxxxxxxxx I am the defendant in this action and make the following statement as my defence to the claim made by H.FO.

The defendant denies any of the assertions or claims made by the claimant.

 

2. The Defendant is embarrassed in pleading to the Particulars of Claim as it stands at present, inter alia: -

 

3. The Claimant's Particulars of Claim disclose no legal cause of action and they are embarrassing to the defendant as the claimant's statement of case is insufficiently particularised. In this regard I wish to draw the courts attention to the following matters;

 

a) The Particulars of Claim are vague and insufficient and do not disclose an adequate statement of facts relating to or preceding the alleged cause of action. No particulars are offered in relation to the nature of the written agreement, the method the claimant used to calculate any outstanding sums due, or any other matters necessary to substantiate the claimant's claim.

 

b) A copy of the purported written agreement that the claimant cites in the Particulars of Claim, and which appears to form the basis upon which these proceedings have been brought. The claimant should declare to the court if the agreement is a true copy of the original, and that the original agreement incorporating the terms and conditions within the body of said signed agreement by both sides. will be produced at any court hearing and not a copy of a application form.

 

c) A copy of any evidence of both the scope and nature of any default, and default notice and proof of any amount outstanding on the alleged accounts including any original copies of proof of posting.

 

d) A true copy of any notice of assignment provided by the original creditor compliant with the provisions of the Law of Property Act 1925, on the alleged account. For the assignment of a debt to be effective and so giving the Claimant a right of action a valid Notice of Assignment must have been sufficiently served on the defendant using a registered postal service pursuant to s196(4) before proceedings were commenced.

 

 

e) , the defendant also requires the claimant produces the Deed of Assignment to show that it is indeed valid and compliant with the Law of Property Act 1925 and further more the defendant requires the claimant disclose proof of posting per s196 LoP Act 1925.

 

 

 

 

 

f) The defendant requested information referred in the claim under CPR 31.14 from

the claimant by Royal Mail Recorded Delivery. The request was received by the claimant on the xxxxxx 2010, as so far no information has been received by the defendant. The defendant wishes to make the court aware that the claimant is trying to frustrate proceedings and denying the defendant an opportunity to file a defence and counter claim.

 

g) The defendant further requested information under CPR 18 from the claimant by Royal Mail Recorded Delivery. The defendant cannot yet confirm receipt of this request at this time. However a receipt and tracking number can be supplied upon request. However as part of the request the defendant has asked for a full statement of account history in order to audit the amount claimed by the claimant, any default notices sent to the defendant by the original creditor or the claimant.

 

4. Consequently, the defendant denies all allegations on the particulars of claim and wishes to put the claimant to strict proof thereof.

 

5. I respectfully request the courts permission to submit an amended defence should the claimant file a fully particularised Particulars of Claim.

 

I respectfully request that the court consider striking out the claim under CPR 3.4.2(a) because it is not fully particularised nor offers any legal cause of action.

 

I respectfully request that the court consider striking out the claim under CPR 3.4.2© because, in light of the failure to respond to the CPR 31.14 request, the Claimant is unable to substantiate their claim with documentary evidence.

 

 

Statement of Truth

 

 

Ixxxxxxxxxxxxxx believe the above statement to be true and factual.

 

 

Signed .

[broken arrow]

I presume the claimant is HFO Capital and not HFO Services ?

[riolto10]

claims form:

 

Claimant

Hfo Capital Limited

Riverside Two

Sir John Rogerson:s Quay

Dublin 2

Ireland

 

Defendant

 

xxxxxxxxxxxxxxx

xxxxxxxxxxxxxxxxx

xxxxxxxxxxx

xxxxxxxxxxxx

xxxxxxxxxxxx

 

 

Brief details of claim

Monies owed by the defendant to the claimant pursuant to an interest bearing credit agreement whitch is regulated by the consumer credit act 1974 between the defendant and Barclaycard (the orginal lender )the debt due thereunder having been assigned to the claimant

 

Value

xxxxxxx

[riolto10]

yes Capital

[broken arrow]

There is so much wrong with this claim, they are really scraping the barrel now.

Did you ever send a SAR to Barclaycard?

[riolto10]

not as yet will now do this any advice on answring latest action by hfo thanks again for taking the time

[broken arrow]

Is there a hearing date for their strike out application yet?

 

It is important to find out exactly when this account was sold, for two reasons and also to who it was actually sold to.

Give this No a call tomorrow to ask 0844 556 0066, if you can record the call that would be useful, whatever the answer they give you, get it in writing.

 

SAR template.

Standard SAR.doc

[riolto10]

Yes as stated above its February the 17th of February 2011

[riolto10]

Will give this number a ring first thing Thursday thanks again

[broken arrow]

Yes as stated above its February the 17th of February 2011

Which post states that?

 

Will give this number a ring first thing Thursday thanks again

 

Why not tomorrow Wednesday?

[coledog]

You need to send a £10 postal order with the SAR request and send recorded. Enclose a copy of utility bill as proof of address (and include any previous addresses if this has changed)

[broken arrow]

CD stop trying to have the same ammount of posts as me

[riolto10]

Sorry about that thought I had put the date in first post lots going on in my head,,It is 17th February and can't get to a phone till after 5-30 but can on Thursday do appreciate your help broken arrow

[broken arrow]

Sorry about that thought I had put the date in first post lots going on in my head,,It is 17th February and can't get to a phone till after 5-30 but can on Thursday do appreciate your help broken arrow

 

No problem, you will then need a WS by the 10th.

I presume the hearing has been moved to your local court?

[coledog]

CD stop trying to have the same ammount of posts as me

 

Right we are equal - first one to 2000

[broken arrow]

You can,t count, but I am a gentleman, so ladies first, night, night.........

back tomorrow.

[riolto10]

Yes moved to local court. Is there a W/S on file, and do I just type it up or is there a numbered form to fill witness statement on to.

Edited January 25, 2011 by riolto10

[coledog]

Drat! too quick for me