HFO Capital, Alasdair Turnbull, HFO Services Ltd - credit licences revoked by OFT

[Legal Beagles]

The OFT has refused to renew the consumer credit licences of debt purchaser HFO Capital, and two associated debt collectors, HFO Services Limited and Roxburghe Limited.

More...

Alasdair Turnbull, a solicitor who acted for the group of firms, has also today been excluded from the group consumer credit licence held by the Law Society for England and Wales.

The OFT found evidence of misleading and unfair practices in the businesses' operations, including:

sending debt collection letters which misrepresented debtors' legal position
misleading and otherwise inappropriate behaviour by HFO and Roxburghe agents during phone calls to debtors
failing to properly investigate disputed debts
failure to respond appropriately to the concerns of regulators, including the OFT.

David Fisher, OFT Senior Director for Consumer Credit, said:

'We expect businesses in the debt collection sector to behave with integrity and treat their customers fairly and transparently. We will not hesitate to refuse to license debt collection businesses that fail to do so.'

The parties have until 28 February 2014 to appeal the decision.

[Nibbler]

Re: OFT finds three debt businesses unfit and excludes a solicitor from undertaking l

Shouldn't laugh.. and cheer....

..... but can't help it. msl:

[Amethyst]

Re: OFT finds three debt businesses unfit and excludes a solicitor from undertaking l

Well that is bloody marvellous

[Amethyst]

Re: OFT finds three debt businesses unfit and excludes a solicitor from undertaking l

So where does that leave Turnbull Rutherford ?

[Amethyst]

Re: OFT finds three debt businesses unfit and excludes a solicitor from undertaking l

HFO have been on minded to revoke since at least Sept 2011 (disgusting it's been so long really)

On 5 September 2011, OFT chairman Philip Collins gave evidence to the House of Commons Public Accounts Committee. During the session he said: “What has struck me since coming to the OFT, having been in private practice, is the fact that there are companies now pursuing particular practices that 10 or 15 years ago perhaps would not have employed the most expensive lawyers and taken every point under the sun. Now, however, that is happening with an increasing number of cases where you might have otherwise expected the party to throw in the towel after the first round. They do not do that, and therefore we have to take very careful assessments. We have a particular case at the moment that I have in mind where, much to my surprise, the parties have involved the most expensive City lawyers, and we know perfectly well that we are at substantial risks on costs if we lose.” [uncorrected transcript from Stella Creasy]

Application / Licence Details

Licence Number:0555914
Licence Status:Current

Current Applicant / Licensee:

Business Name	Company Registration Number
HFO Services Limited	05120067

Public Notices:

Stage	Date	Document Link	Event Number	Notes
Determination to Refuse to Renew	27/01/2014		6
Minded to Refuse to Renew	11/04/2013		6
Minded To Refuse MTR	20/05/2011		6	This notice relates to the recent renewal application

Categories:

Consumer credit

Consumer hire

Credit brokerage

Credit reference agency

Debt adjusting/counselling

Debt collecting

Right To Canvass Off Trade Premises:No


Trading Name(s) (Historic):

HFO Services Limited

HFO Group

Roxburghe

HFO Capital

HFO Capital

Issued Date: 26-Sep-2004


Renewal in Progress:

Event Type	Date of Receipt	Closed Date	Status
Renewal	08-Sep-2009		Open

Legal Formation:

Body Corporate (incorporated inside UK)

Current Individuals that run the organisation:

Name	Position
Alasdair John Turnbull

Historic Individuals that run the organisation:

Name	Position
Badri Nathan	OFFICER
Bardi Nathan	OFFICER
Kevin Stuart Harper	OFFICER

Current Organisations that run the organisation:

Name	Company Registration Number	Position
Turnbull Rutherford Limited	5717402

Nature of Business:

Debt Collection

Other

[EXC]

Re: OFT finds three debt businesses unfit and excludes a solicitor from undertaking l

Was watching this yesterday.

http://www.parliamentlive.tv/Main/Pl...eetingId=14836

Although consumer credit licensing is being transferred to FCA in April, the beefed-up powers they're supposed to be given will be drip-fed to them over the course of the next 5 years.

[Amethyst]

Re: HFO Capital, Alasdair Turnbull, HFO Services Ltd - credit licences revoked by OFT

''The OFT's consumer credit team currently has 32 investigations open into firms which intelligence suggests are engaged in unfair practices or may be otherwise unfit to hold a licence.''

Blimey.

[Amethyst]

Re: HFO Capital, Alasdair Turnbull, HFO Services Ltd - credit licences revoked by OFT

From PT2537's old blog

HFO Capital limited v Denis Robinson- 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

[Nibbler]

Re: HFO Capital, Alasdair Turnbull, HFO Services Ltd - credit licences revoked by OFT

http://www.roxburghe.com/oft.php

Press release

Roxburghe, a leading debt collection agency, has expressed ‘extreme surprise, disappointment and dismay’ at a decision by the Office of Fair Trading (OFT) that it is not fit to hold a consumer credit licence, calling the announcement a ‘travesty’ that it will take to Appeal.

The company says that in the three years that it has taken the OFT to act, during which time the business has successfully continued to trade, the regulator has not once visited the Roxburghe offices, nor met with senior executives to discuss any ongoing concerns.

A spokesman for the company said that he had grave concerns about the length, viability and fairness of the review, especially given that there was a change of Adjudicator half way through the revocation process: “Roxburghe has consistently been given inconsistent information by the OFT about the delays in the decision-making process,” he said.

“Indeed, the decision by the second OFT Adjudicator to revoke our licence is contrary to the stated views expressed by the first Adjudicator to hear our case, and for which we have written evidence. We are confident that common sense will prevail, and that the decision will be overturned before an independent tribunal on Appeal.”

Roxburghe’s consumer credit licence remains in force pending the Appeal. The company has also applied for, and received, interim permission from the new regulator, the Financial Conduct Authority (FCA), in readiness for the transfer of consumer credit responsibilities.

“We have consistently provided the highest levels of service to our clients and their customers, in adherence with the CSA’s Code of Practice, and in accordance with our own values and cultures,” the spokesman concluded, “and we shall continue to do so as we look to overturn this decision.”

A spokesman for trade body the Credit Services Association added:

“We are aware of the recent decision by the OFT that it has determined not to renew the Consumer Credit Licences of two of our members, Roxburghe Ltd and HFO Services Ltd. We have not yet seen the full adjudication and so it is difficult to comment on individual cases until the OFT's findings have been made public. We do know, however, that members have a right to Appeal and can continue to trade during the Appeals process, so will decline to comment further until additional information is forthcoming."

Roxburghe has been in the debt collection industry since 1961 and as recently as 2009 was voted Credit Today's debt collection agency of the year.

[Amethyst]

Re: HFO Capital, Alasdair Turnbull, HFO Services Ltd - credit licences revoked by OFT

op2:op2:op2:

[ploddingon]

Re: HFO Capital, Alasdair Turnbull, HFO Services Ltd - credit licences revoked by OFT

So, what happened to HFO Services in the end? I did an internet search and couldn't find anything about the result of their appeal.

[Astro]

Re: HFO Capital, Alasdair Turnbull, HFO Services Ltd - credit licences revoked by OFT

This should answer your (old) question
http://www.fca.org.uk/news/statement...pital-limited# (apologies for reposting what is already in this thread)
I've been having payments deducted from my salary from this shower for over five years now. Can they still claim them? I spoke with our local county court today and the said a query had been raised over payments, I'm assuming that they have been bounced back as there is nowhere for the money to go any more, but I'll have more info on Monday

[nemesis45]

Re: HFO Capital, Alasdair Turnbull, HFO Services Ltd - credit licences revoked by OFT

So, what happened to HFO Services in the end? I did an internet search and couldn't find anything about the result of their appeal.

Outstanding debts have either been written off or sold on.

nem

[Astro]

Re: HFO Capital, Alasdair Turnbull, HFO Services Ltd - credit licences revoked by OFT

I've been back in touch with my local County Court regarding my particular case and they are going to speak with CAPS to see where we go from here. A refund would be nice

[andi-leigh2]

Re: OFT finds three debt businesses unfit and excludes a solicitor from undertaking l

And it was "PEOPLE POWER" and the power of the internet which was the instigator of pulling the bottom card from the house of cards, which ultimately caused the OFT to see this through. I am somewhat disappointed as I was looking for my pound of flesh by being a witness for the OFT at the tribunal which was meant to have taken place. So many people feel that they have lost the opportunity to have had their say and illustrate what traumas they actually endured for a period of years with these people. It cannot be allowed to happen again.

Was watching this yesterday.

http://www.parliamentlive.tv/Main/Pl...eetingId=14836

Although consumer credit licensing is being transferred to FCA in April, the beefed-up powers they're supposed to be given will be drip-fed to them over the course of the next 5 years.