HFO Capital/Turnbull Rutherford - Set Aside a CCJ

[shauncarr]

Hello,
I am new to this forum, so apologies in advance if I post in the wrong board/forum..

I have encountered a very similar situation to the above posts with HFO etc, to the point where they have successfully obtained a CCJ and attachment of earnings for £80 per month, despite me requesting numerous times original signed agreements etc and completing a detailed dispute to the debt and subsequent amount: which I also believe where never presented (I am currently waiting for copies of the court documents presented).
I strongly believe that HFO have lied about the loan amounts, and I have been lied to from the start.

Rather than posting my story on here I would welcome a PM or even a telephone call (not sure if that's allowed!) with anyone who has commented above who is obviously in a similar position to discuss as I feel like I am trapped in the CCJ and its very distressing.

I welcome any advice or comments!

Thanks guys,
Shaun

[Amethyst]

Re: Set Aside a CCJ

Hi Shaun, I have moved your post to its own thread, just makes life easier. I'll be back in a sec.

[Amethyst]

Re: Set Aside a CCJ

Hi again,

Advising by PM isn't encouraged on this forum, for your own safety, if you are concerned then you could consider upgrading to VIP so you have a more private area to post in.

The time for disputing the claim bought by HFO was at the time it was bought. Then was also the time to request copies of agreements and evidence of the debt. Once it is adjudged you're pretty stuffed unless you can apply to set aside the original judgment.

How did it get to a attachment of earnings ? Did you defend/respond to the original claim ? or was it a judgment in default ?

Again as you knew about the Judgement in order to sort out the AoE then would have been the time to apply to set it aside.

Sharon
xx

[shauncarr]

Re: HFO Capital/Turnbull Rutherford - Set Aside a CCJ

Many thanks for coming back to me Sharon, it is greatly appreciated.
I will try and explain the matter further:

So, in 2012 start receiving letters to my recently-new address, followed by phone calls from HFO services demanding £11k+ from a previous Welcome Finance loan from 2005.
I explained to them that 11k was totally unrealistic as I believed that the loan was for maybe 2k, but more importantly I had no correspondence from them and no payments had been made in around 6/7 years so I believed it to be statute barred (not sure if this was the case, but that's what I said!). The told me that the last payment was made (conveniently) within the 6yr time scale by literally 2/3 months if I recall so they would be pursuing legal action against me.
At this time I demanded that they provide original documents and paperwork confirming what they were telling me: and was told that they would request them...
A few days and weeks passed, more calls and letters and numerous requests for paperwork but still no 'evidence' of original loan amounts etc.
Next set of calls were to offer a vast reduction of the debt to around £6.5k, only this time they made a big deal of the debt going to county court etc and that the debt was not statute barred etc. So being rather naive, I agreed to set up a payment plan, but again, on the clear understanding that I was still disputing the amount and still wanted paperwork: I was told that once payments were started to be received, they would provide this... (LIES)
I made a few payment to them before it became rather obvious that they had no original documents or proof so I stopped paying.
More threatening calls ensued, and again, more requests for documents. Nothing came.
Next thing I know is a letter from Northampton CC for the full £6.5k+ amount, claimant was HFO/Turnbull Rutherford, including an N9A form.
I completed this form, for which I am certain I would NOT have admitted to any amount, and I also included a 2 page letter detailing pretty much the above story. This would have been sent back to HFO/TR I believe as after speaking to the court recently, they have not received any documents from me.
I strongly believe that HFO/TR have not taken into consideration my dispute and hence will not have offered this to the court. I assume they will have to have provided them with the N9A form I completed (?)
I am told by the court that they do not have any paperwork from me.
Obviously, the court awarded the case for the full amount to HFO/TR and an attachment of earnings has followed (for £80 per month!).
I believed that my N9A form, and accompanying dispute would have been sufficient to have the case 'thrown out', and in clear hindsight, I should have attended the court that day, but I stupidly, did not. Still don't know if i'd be brave enough now!
I have read recently about the tactics HFO/TR use when pursuing debt, along with their tactics for obtaining CCJ's etc (from the previous post I commented on being a fine example of this), so I do plan on applying for a set-aside order.
BUT, as I do not have any original documents bar a few emails and an original £11k plus demand whereby HFO have notified me that I have agreed to pay in instalments!, I don't actually know if the fact that I have requested original documents/agreements etc (which have not been provided!) is enough to warrant the decision being reversed.
I assume because I was stupid enough to make an initial payment(s) to them and never attended court, that I have 'admitted' to the debt and am liable to pay £80 per month for nearly 11 years!!!!
I feel so trapped, and so silly that I was conned into their tactics of making an payment to them.
In addition to the above, I believe that HFO AND TR have both had licenses revoked, along with all telephone numbers and email addresses removed from existence. Not that they would speak with me now they've 'won' but it is clear that these people are so 'bent' that they cannot even continue to trade!
I also assume that even though it would appear that these 2 companies are no-more, my £80 per month is still being paid to someone...which i'm told by the CCJ centre that it is HFO services, for which the address and telephone number are no longer valid...! Interesting, but still costing me.

So desperate, I have turned to trawling the internet to find ANY success stories against these companies and/or ANY potential way out for me...

I really appreciate forums like this, and the people who take the time to reply and assist where they can, so thank you in advance!

Shaun

[Amethyst]

Re: HFO Capital/Turnbull Rutherford - Set Aside a CCJ

The N9 form should go to the court unless you are admitting the claim in full.

''Where to send this form
• If you admit the claim in full
Send the completed form to the claimants address shown
on the claim form as one to which documents should be sent.
• If you admit only part of the claim
Send the form to the issuing court at the address given
on the claim form, together with the defence form (N9B).

How much was the original loan for and how much did you think the balance was at the time you received the claim? And was the claim 11k or 6.5k ?

I assume because I was stupid enough to make an initial payment(s) to them and never attended court, that I have 'admitted' to the debt and am liable to pay £80 per month for nearly 11 years!!!!

Pretty much.

Where are your payments going to ?

Have HFO gone into administration ? If so these CCJ will be picked up under the Administrators so you might be able to negotiate a settlement.

[Amethyst]

Re: HFO Capital/Turnbull Rutherford - Set Aside a CCJ

hmm okay.

[Amethyst]

Re: HFO Capital/Turnbull Rutherford - Set Aside a CCJ

http://www.consumeractiongroup.co.uk...g-about-it-now

There's another thread on there as well which I think Donkey has linked to on your thread where they are getting the co accounts etc so might be an idea to stick with them for a bit and see what they can dig up that might help ( or go to Co House and get the documents yourself, and ring the FCA and ask them etc)

[shauncarr]

Re: HFO Capital/Turnbull Rutherford - Set Aside a CCJ

Hi,
Thanks for the replies...VERY interesting on the sale of HFO...Although not sure if they managed to move all of the debts to Turnbull Rutherford as this was another name they used.

To confirm:
I believe I sent the N9 form back to HFO upon either their request or that was what the letter requested.
I have viewed an N9 form on Google today which jogged my memory, but I certainly did not tick the box admitting the full amount, and I recall writing a 2-page letter detailing the history with HFO and the numerous requests for documents. Annoyingly, a copy of the letter was on my laptop which died last year. Typical.

They originally pursued me for £11k but then happily dropped it to £6k on the understanding I started making payments. This sounded like a good deal to me, as this would have been around the amount I probably would have expected the original loan to be (inc the probably charges/fees/interest etc)
I do not have any record of how much the original loan(s) were for, although I would have expected them to have been around £1,500 as this would have been the max they would have given me.
The main reason for wanting all of the original documents was to confirm the above details...!

I appreciate that I took the original loan, and fell into some problems I didn't deal with in the best manner, so never repaid the loan....I have no problem admitting this, but to get calls and letters nearly 6 years later claiming 11k (And even then 6k) WITHOUT any proof or reason for this amount(s), and despite demanding it, I have still been shown nothing.
In hindsight, firstly, why I made ANY payments to them, and secondly, why I didn't make more of an effort to contest further, but I cannot change that now. But I feel that there MUST be some element of justice system for me to resolve now, or at least get the documents I require.

At the end of the day, if HFO/TR provide the facts, I will totally respect the court judgement.

To answer another of your questions, I checked with the CCJ payment handlers (Northampton?), who tell me that the payment is sent to HFO capital and provided me with an address and telephone number. A quick Google and telephone call both show that they are no longer based there and the number doesn't work... Frustrating.

£80 per month is a lot of money to me if i'm honest and it feels like I cannot do a single thing about it.

The other post you provided the link above to is actually my post from last week, as trying to get an answer for people like yourselves and others who have dealt with HFO etc, seems to be slowly looking like I MAY get some answers, so again, many thanks!
I hadn't had any notification that someone had replied on the other forum, so I will reply to that.

I PRAY that there is a way out of this, and I hear a similar story with a happy ending...!

THANKS!
Shaun

[shauncarr]

Re: HFO Capital/Turnbull Rutherford - Set Aside a CCJ

I received a copy of the documents the court held on the case today, and it is basically just a document telling me that I did not reply to the claim form so automatic judgement was made so to please pay HFO directly...Hence the AOE.

So, on that basis: Its probably quite clear that HFO sent me the N9A form, to which I did not admit or agree to the debt, and included all my reasons for this.
Clearly, they didn't like reading this I assume and told the court I had not replied.
Debt collector or not, if it was obvious that I was not admitting to the debt, they surely have a responsibility to direct me to a N9B form (?) or even notify the court of this, or I guess even still submit the N9A and my letter.
This further fuels my suspicions that HFO have ZERO proof of original agreements between me and Welcome, and by not submitting my form, they know that the judgement will automatically go to them...? I guess this is speculation, but I have nothing else at this point.

However, this still doesn't help my situation, so could do with some solid advice if possible...
* Does anyone have any working contact numbers for HFO/Turnbull Rutherford? I have Googled them to death but no success. I also assume that they would tell me that the court decided anyway, but just wanted to speak to them first and let them know I am trying to pursue this further (may be a bad idea upon reflection)

* Has anyone managed to find out if any HFO debt is now 'un-enforcable' or wiped off?
That would be nice, but I think unlikely...!

* If I have no way of contacting HFO to confirm if they ARE still trading, or even who their administrators are, where do I stand? Surely I shouldn't be actually paying out money every month if they don't exist?

* Will the Financial Ombudsman be the correct people to call and ask about HFO/Turnbull Rutherford still being 'alive', and maybe if I explain my story to them, they could offer advice...?!

I would really welcome your continued support and advice guys, I really feel like I MAY be making tiny steps to recovery! lol

Thanks,
Shaun