Gone To Court. Can I Do Anything?

[ploddingon]

I've had court papers through from Turnbull Rutherford Solicitors. They tell me they are acting on behalf of HFO Capital Ltd.. I thought all my debt problems had gone away, i've suffered a lot of ill health due to the stress, but it appears not. I'm not far off 80 now and just don't have the heart for this. Literally! Believe it or not, after corresponding with both these companies over the last few years and arguing the debt, it was only after I sent them a recent letter telling them I wasn't feeling well at all that they have sent in the dogs! I am amazed to say the least. Furthermore, I think these were the ones that were very nasty to me and my wife on the telephone a few times a while back. The debt was less than £4,000 from what I can remember and they are seeking more than £8,000. I am pretty confident that the debt might be statute barred, but how do I prove that? Can I maybe challenge them on their credit agreement too? I have retained all the correspondence since they first showed up in 2007 and never paid them a bean or acknowledged anything in writing. It has taken me tremendous willpower just to ask from some help, I nearly just buried my head in the sand, and I will be more than tremendously grateful for any help offered.

[coluk]

Re: Gone To Court. Can I Do Anything?

I'm really sorry to hear about this and it sickens me that yet again the debt collection agencies are allowed to get away this kind of behaviour.

I'm no solicitor so if I'm wrong, I apologise, but currently I'm a crusade against debt collection agencies and sort of picked up a lot of knowledge regarding debt. Firstly a debt can only be considered statue barred if You have not made any payments on the debt over the last 6 years or during the years, you haven't written to the creditor acknowledging that owe them money.

Do you still have the paperwork for the original debt, you can contact the originator of the debt and ask them to supply you with the Notice of Assignment, if this has never been received by you, the you can argue that the debt company are acting illegally and you will only deal with the originator of the debt, this usually give you the ability to have a better place to negotiate.

Hope this helps?

Good luck

[pompeyfaith]

Re: Gone To Court. Can I Do Anything?

5 yrs if you are in Scotland though

[rbealuk1]

Re: Gone To Court. Can I Do Anything?

we also started out with a debt of £4,000 withwelcome finance in 2004 and in 2008 it wassold to HFO Capital Ltd. We ended up in court with a charging order on the house for £12,000 and now again they are trying to add on another £3,500 in the last seven months making a total of £15,500 . We have found that the original debt was scrapped in 2007 and we are now taking them to court.

[scott free]

Re: Gone To Court. Can I Do Anything?

Hi Ploddington,

So sorry about your problem especially at your age.

Is it real Court papers giving you a Court date and asking for a defense

my suggestion go to CAB it is free

Hope this helps

[ploddingon]

Re: Gone To Court. Can I Do Anything?

I was just looking at some old threads and realised I forgot to update this one. This isn't like me and it was probably down to wanting to just forget about it all. Well, I ended up getting help from a solicitor someone else on the site knew of. HFO didn't back down and I ended up attending court in January 2012 and thankfully won. Having it all drag on for nigh on 10 months, past Christmas too, was all quite stressful. The solicitor rated our chances at better than 50/50, but even on a no win/no fee deal it was all a bit risky. I would have been liable for all the other side's legal costs, plus the costs for my barrister, plus court costs and all on top of the cost of the final judgement. I think HFO must have ended up paying out 20k or more over this.

At the end of the day, I think HFO were a very nasty bunch and it served them right. They 'just happened' to send me the court papers soon after I told them I wasn't feeling very well at all; they 'somehow' managed to double the debt from £4,000 to £8,000 on the court form; and they were 'very disingenuous' when it came to the facts of the case. Furthermore, I did warn them beforehand that any case would be vigorously defended. I think they had their licence revoked not so long ago, pending an appeal, but don't know how it all ended. Hopefully, if was RIP HFO. :violin:

[ploddingon]

Re: Gone To Court. Can I Do Anything?

Am I allowed to mention who helped me and the solicitor involved? I just thought I would check before potentially breaking some rule.

[Amethyst]

Re: Gone To Court. Can I Do Anything?

Yes its fine xx

I recall something happening with HFO, but off the top of my head don't recall exactly...,.there will be a thread somewhere but will have a look tmw xx

what grounds did you win on?

[ploddingon]

Re: Gone To Court. Can I Do Anything?

Yes its fine xx

I was helped by forum member pt2537, Paul, who put me in touch with Andrew Watson of Watson's solicitors. Paul attended court with me on the day, along with barrister Bradley Say. I didn't get the judgement on the same day, but I said a big thank you to Andrew Watson via email afterwards and also extended my thanks to Paul. A big thank you to all who helped me again.

It's not like me to not update a thread, but it was something I must have really wanted to forget about. If felt like much more than 10 months had passed by the time I got the judgement through.

what grounds did you win on?

I honestly can't remember now. Andrew emailed me a copy of the judgement as an attachment and I kept it, which I could read right through, but I just looked and it has somehow got corrupted and only the first page shows up. I am sure Paul will have a copy still.

[Amethyst]

Re: Gone To Court. Can I Do Anything?

Three cases on Paul's old blog - I think yours is the top one?

So failure to comply with s.78 ( ie dodgy credit agreement ? ) Found a copy of the judgment but can't access it so will ask Paul to post it up so you have a copy for your records.

HFO Capital limited v xxxxxxxxxx - The Claimant represented by Turnbull Rutherford Solicitors failed before Deputy District Judge Bradly to satisfy the Court that section 78(1) Consumer Credit Act 1974 had been complied with

HFO Capital Limited v Michael Burney- The Claimant represented by Turnbull Rutherford Solicitors failed to satisfy the District Judge that the Default notice was compliant with s87(1) Consumer Credit Act 1974. The Court ruling is on BAILII and can be found here http://www.bailii.org/ew/cases/Misc/2011/23.html

HFO Capital Limited v Roland Wegmuller- The Claimant represented by Turnbull Rutherford Solicitors failed to satisfy the Recorder Campbell at Birmingham County Court that the agreement contained the prescribed terms required by s61(1)(a) Consumer Credit Act 1974. I was the fee earner for this case too. The Judgment is here http://www.bailii.org/ew/cases/Misc/2012/19.html

So you're in good company there - well done xx

Found the HFO Alastair trunbull thread, but don't know much more than what is on there... am pretty sure Paul will know exactly what happened to them though.

[ploddingon]

Re: Gone To Court. Can I Do Anything?

Three cases on Paul's old blog - I think yours is the top one?

Yes, that is me. I really don't mind too much, but would prefer it if my real name is blanked out on forums. It's a bit different on someone's blog, as it isn't directly associated with my user name. Can you please delete it? No rush if you don't see this post until tomorrow. I believe I have already given full permission to all those involved to publicise the judgement in any way they choose.

[Amethyst]

Re: Gone To Court. Can I Do Anything?

No worries, have amended. xxxxx

Do you want me to email a copy to you if I get it? ( rather than put it on here ) or you quite happy not to have to ever read it again now it's over and done with?

[ploddingon]

Re: Gone To Court. Can I Do Anything?

No worries, have amended. xxxxx

No worries at all. If it wasn't for this site, in helping me get started with the fight back, then I might not even still be here now. Living under a £8,000 charging order for 3 and a half years, with interest still ticking I believe they wanted, wouldn't have been conducive to my good health I reckon.

Do you want me to email a copy to you if I get it? ( rather than put it on here ) or you quite happy not to have to ever read it again now it's over and done with?

Yes, please email it to me, if that isn't too much trouble for you. Much appreciated.

[Amethyst]

Re: Gone To Court. Can I Do Anything?

You have mail