HFO Services issuing court claim form

[bigmac1955]

Hi Patrick

 

My original post on this gives more info......

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/139784-yet-another-hfo-thread.html#post1487956

 

thanks

[patrickq1]

I have sent an Acknowledgement of Service to the Court, and also a CPR letter to Turnbulls, but I wondered what - if anything I should do to prepare for this? I am terrified of "court proceedings",and can't afford to take time off work to go anywhere as I am temping and don't get paid if I take time off.

dont worry rosie you have sent the CPR so for the time being you cant do much apart from inform the court that without the requested information from both HFO AND TURBULLS their is nt anything you can put down but when you are ready for action we will then help you prepare your defence

will be in touch in a day or so ok

patrickq1

will look in on your tomoz bigmac ok mate

[patrickq1]

I got a letter from ''3'', informing me they assigned the debt to HFO Capital limited (aka HFO Services limited). Apparently they had passed the debt with effect from 31 May 2007. But dont inform me until now? strange.

just a quick glance at the thread mac

lol i would love to see this go to court

just send them a put up or shutup and also check your credit files if any defaults have been entered look at sparkies thread and go for a prosecution i beleive as much if not more 1000 plus good luck mate will start on here in a day or so

patrickq1

[dizzyrascal]

Hi Burt,

 

I can understand that you were probably more than a little surprised and shocked to receive the Court claim and are wondering what you should do. I know that Stan is trying to help but he has given you incorrect information.

 

You absolutely have to file a defence to this claim, otherwise if you don't, the claimants will simply apply and get, judgment by default once the time for you to submit your defence has passed. It is in no way sufficient for you to simply write to the Court and state this matter is disputed. Your defence must counter each point of their claim and not by simply stating the money is not owed. If it is not owed you must substantiate that with reasons. If you do not address each point of their claim, it will be assumed by the Court that you admit liability, for anything unchallenged.

 

You can at this stage file an acknowledgment of service, which is self explanantory. So if you got it yesterday, you have 14 days to do this. At that point you can take a further 14 days to file your defence, so 28 days in total.

 

It is not necessary for you to send a CCA and DPA request and it would be unwise to do so. Now that this is the subject of legal action, you can simply send the claimants a letter, requesting all that you require and giving them 14 days to provide it. Personally I would do this after you have filed your defence (trust me). All parties to a case are legally obliged to furnish info requested (provided its a reasonable request) that is relevant to the case. This is under the disclosure rules. So, if you did as I suggest and they didn't comply, you would send a letter to the Court with an application notice, stating that you are unable to file a counter-claim until the claimants furnish the info. You would ask the court to compel them to comply. The Judge might give them 7-14 days, if they failed to comply at that point, the Judge would probably throw out their case. So in terms of getting info, its much better to do it this way, it takes less time and if they don't comply you may get their case chucked

out!

 

In terms of the counter-claim, if you cannot file one due to a lack of info, then you would simply file it with an application notice, not forgetting (under any circumstances) to ask the court's permission to file the counter-claim in due course. You would simply explain in an accompanying letter, why you are filing it late. I filed a counter-claim in a case 4mnths after the other party started action, it was accepted because I was waiting for info and at that time I was new to things so went down the CCA DPA route, without needing to! You must always politely request things however, whatever you ask for is read by a Judge and they expect deference! Whatever you do, don't get on the wrong side of a Judge! So when in doubt, always ask for permission to do something!

 

So ask for a copy of the agreement, a deed of assignment (proves the debt's been sold) statements for the lifetime of the a/c. If you were pestered by B/Card and this company, ask for details of all calls made to your home/work numbers, frequency of calls (dates, times etc) any notes about discussions had with them, the tel numbers also for all depts involved in pursuing you, you get the picture... Get as much info as possible to build a case against them. If they've engaged in harassment, that is both a civil and criminal offence and you can claim compensation. You might even want to report them to the Police, when you've got the evidence!

 

Whatever you do don't leave this situation, if you fail to file a defence, they will win and you will have to pay up, that's the way it works, I'm afraid!

 

I hope this is helpful for you!

 

Laiste.

Hi

 

Any idea how I can obtain a CCA form please

[bigmac1955]

I wrote to Trading standards about HFO.

They have today contacted me with regard to making a statement, as they are most interested in prosecuting them.

The guy from TS is visiting me during 2nd week of July (he is on hols for 2 weeks from now) - he is absolutely furious that harrassing telephone calls caused me to change my phone number which I have had for 20 years.

He is also incensed by the way that HFO get details - eg send a card from First Direct Logistics, then send you the claim for payment.

I will keep you informed.

[broken arrow]

I sent complaint to OFT regarding card from First Direct Logistics but had no reply, I think i will write to TS as well( the more complaints the better.)

[paulh1971]

Hi I have done the same today. I sent HFO letter below can anyone tell me if i have done the right thing?? I sent it special delivery so i can track it.

 

Dear Sir/Madam

I do not acknowledge or recognise your company as owning this debt I have not been contacted by Barclaycard at any point to inform me that you are acting on their behalf and as such will not enter into any financial arrangements with you until this is verified.

 

With reference to the above, I request that you would send me a copy of the original CCA, legal assignment letter from Barclaycard and a full statement of account showing how these charges have been accrued.

 

I understand that under the Consumer Credit Act 1974 (Sections 77−79), I am legally entitled to receive a copy of my credit agreement on request. I enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

 

I understand a copy of my credit agreement should be supplied within 12 working days and no action can be taken against me until this request has been satisfied.

 

I understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

 

I look forward to hearing from you.

 

Yours faithfully

 

[broken arrow]

Hi harrodine

Welcome to CAG

If you start your own thread you will get all the advice and help you need.

The CCA letter is a good start, but do not expect to much from these muppets.

Can you post some details of the story so far .

 

All for now

 

Broken arrow

[davefirewalker]

Ive had a "run in" with HFO and came out the other side smiling

 

see my thread and post here...>http://www.consumeractiongroup.co.uk/forum/show-post/post-1323378.html

 

have a look at a few pages previous for the history

 

treat them with the contempt they deserve

 

and yes its probably better to start your own thread...mention HFO in the title and you'll get loads of posters

 

rgds

 

Dave

[ndavenport794]

hi i am new to this site and very worried, i received a letter yesterday from hfo stating that i owe them £1440, when i phoned i got a very aggressive woman who said i took a loan out in 2004 from welcome finance and it wasnt paid i honestly dont remember taking this loan out as it was a very bad time in my life, i was told that it had gone up2 nearly 2 grand now and i could either pay £1000 now and clear it or pay monthly instalments or they would come to my house. I phoned welcome finance and they said that a loan was taken out for £1000 in july 2004 and wasnt paid. I accept responsiblilty for this and would like to clear it but the aggressive woman from hfo wanted me to make unreasonable payments each month and wouldnt budge, i had to leave work last year due to serious family problems and am on family tax credit with 4 children and dont no which way to turn.

[Rosie_123]

hi i am new to this site and very worried, i received a letter yesterday from hfo stating that i owe them £1440, when i phoned i got a very aggressive woman who said i took a loan out in 2004 from welcome finance and it wasnt paid i honestly dont remember taking this loan out as it was a very bad time in my life, i was told that it had gone up2 nearly 2 grand now and i could either pay £1000 now and clear it or pay monthly instalments or they would come to my house. I phoned welcome finance and they said that a loan was taken out for £1000 in july 2004 and wasnt paid. I accept responsiblilty for this and would like to clear it but the aggressive woman from hfo wanted me to make unreasonable payments each month and wouldnt budge, i had to leave work last year due to serious family problems and am on family tax credit with 4 children and dont no which way to turn.

 

Hi ndavenport. I suggest the best thing to do first is start a new thread for your case. This is quite an old thread and your case could easily be "lost". So start a new thread, and you will get loads of help and advice from the people here.

 

I am not legally trained at all, but I recently won a case against HFO with help from people here. So I would say, most important things first are try not to panic,and NEVER speak to any of these people on the phone - tell them you will deal in writing only.

 

There are several template letters on this site that you can print off to help you. One is something called a CCA Letter, which asks HFO to provide a copy of your original credit agreement. Without that, they cannot make any case against you, - and there is also a "telephone harrassment" letter that you can send if they keep on phoning you.

 

But please start your own thread - you will get more help that way. And good luck:)

[johnhiggs]

Has anyone tried to phone them recently? it seems all their phones are not in use or diverted to a mail box? plus ive had no contact from them chasing me for months now!

[sillygirl1]

I think they have 'done a runner' to India, and are trying to hide over there. I've heard that their Irish arm is defunct too... maybe a search on Company House's register will turn up some surprises.

[broken arrow]

Have you phoned them at Turnbull and Rutherfords number?

[Rosie_123]

Could explain why they still haven't paid me my costs that I won in my Court Case against them last month?! I've been meaning to chase it up, but, at the same time, I'm almost tempted to "let sleeping dogs lie", as I'm not paying them, and they're not chasing me anymore.

 

broken_arrow........... how are things going with you?

[broken arrow]

Hi Rosie,

 

OK thanks, I have got someone very interesed in our friends activities,cannot say to much at the moment.I would chase them for those costs.If you can find them.

 

All for now

 

broken arrow

[patrickq1]

Could explain why they still haven't paid me my costs that I won in my Court Case against them last month?! I've been meaning to chase it up, but, at the same time, I'm almost tempted to "let sleeping dogs lie", as I'm not paying them, and they're not chasing me anymore.

 

perhaps the most effective action you can take rosie is to report this company to the FSA FOS AND a complaint to the court Balliff and ask the baliff to enforce the order for costs this way we can go for the trading licence and credit licence

patrickq1

[Rosie_123]

Good for you b_a, and thanks for the advice Patrick.

 

I am away next week (on a course for my job), so won't have much time online, but I will do as Patrick suggests when I get home.Has anyone any ideas where I can find addressses/contact details for FSA and FOS etc? Thanks.

[broken arrow]

The Financial Ombudsman Service

South Quay Plaza

183 Marsh Wall

London E14 9SR

Tel: - 0845 080 1800

 

 

 

The Financial Services Authority

25 The North Colonnade

Canary Wharf

London E14 5HS

[Rosie_123]

The Financial Ombudsman Service

South Quay Plaza

183 Marsh Wall

London E14 9SR

Tel: - 0845 080 1800

 

 

 

The Financial Services Authority

25 The North Colonnade

Canary Wharf

London E14 5HS

 

Thank you

[patrickq1]

Thank you

hopefully you do make your complaints rosie as you know it is very important for others to follow suit,

also you have a right to complain that this company have not yet informed the athorities that a change in the directoship has been made in the last few weeks making this and there actions possibly unlawfull under the consumers credit licence act as the directors are not registered

just a thought the more **** we can get on these dogs the better

patrickq1

[owenharry]

hi could someone please help me am new on here i have had hfo phoning me all weekend about a 3 phone account,had endless phone calls stating i had to pay differing amounts within 24 hours which i havent done they then told to pay or bailiffs were coming to my home and that i had been taken to court already?i have received nothing from this company and when i called there bluff asking what date and where i had been taken to court to they had no answer!! have read your site reviews and became concerned,my problem is they have now said they are taking me to northampton county court do you think they will?and also do you think that i should send to them a cca as has been stated to do by members?or should i just wait and see if they do take me to court?any help would be rewally appreciated:)

[ScabHunter]

hi could someone please help me am new on here i have had hfo phoning me all weekend about a 3 phone account,had endless phone calls stating i had to pay differing amounts within 24 hours which i havent done they then told to pay or bailiffs were coming to my home and that i had been taken to court already?i have received nothing from this company and when i called there bluff asking what date and where i had been taken to court to they had no answer!! have read your site reviews and became concerned,my problem is they have now said they are taking me to northampton county court do you think they will?and also do you think that i should send to them a cca as has been stated to do by members?or should i just wait and see if they do take me to court?any help would be rewally appreciated:)

 

Firstly, you will need to start your own thread on this to get the help you need. Having your own thread keeps you visible.

 

Go here -

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/

 

and then scroll to the bottom. On the left, you will see the new thread button.

 

Secondly, if "Owen Harry" is your real name, I would strongly advise nuking your account and starting again. The use of real names as usernames is not recommended, as you will be flagging your moves to debt collection agencies and anyone else who wants to look in. And yes, they DO look in.

 

Cell phone contracts are more complicated as I don't believe they are covered by the Act in the same way.

 

Talk of bailiffs is just a scare tactic. Bailiffs only become involved if you have a CCJ and default on it.

 

Start your own thread, and we'll help you as much as we can.

 

SH

[owenharry]

Firstly, you will need to start your own thread on this to get the help you need. Having your own thread keeps you visible.

 

Go here -

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/

 

and then scroll to the bottom. On the left, you will see the new thread button.

 

Secondly, if "Owen Harry" is your real name, I would strongly advise nuking your account and starting again. The use of real names as usernames is not recommended, as you will be flagging your moves to debt collection agencies and anyone else who wants to look in. And yes, they DO look in.

 

Cell phone contracts are more complicated as I don't believe they are covered by the Act in the same way.

 

Talk of bailiffs is just a scare tactic. Bailiffs only become involved if you have a CCJ and default on it.

 

Start your own thread, and we'll help you as much as we can.

 

SH

thanks i have started new thread and its not my name thanks for the advise about that

[akintola]

Hi guys, i receivied a letter today from Turnbull Rutherford solicitors who say they're acting on behalf of HFO who claim they bought my 'debt' from Welcome finance and if i did not pay they were applying to the ****y court to put a charge against my property, preventing me from selling and gaining any equity from it, apply for an attachment of earnings and be charged 12% interest pa until the debt is paid. They dont even know if i own any property.

 

According to Michael Hardy, from Turnbull's say that i took out a loan from welcome to the tune of £14,000, for a car. they have also added additional interest £3,889 thereby owing them the sum total of £10,717. i informed them that ive never heard of welcom, let alone taking out and owing a car to the tune of £14,000. They then asked for my contact details and whene i refused to give it to them but offered to call them back tomorrow, they said it would take several weeks for them to access the original debt! With that he said, well good luck.

 

I contacted welcome myself, who state they have NEVER given my name to HFO and moreover, the details on their files, while similiar are not the same and that i would have to speak to HFO direct. Tried to contact this company only be met by voicemails. What can I do any suggestions?