Help needed with HFO, Turnbull Rutherford

lottycobb

I am being taken to court by these guys and i am kinda stuck to know what to do??? really need some advices as it involves a debt going back to 2004 with /welcome finance, its a long story but the shorter version is that i asked for £500 but they said yes originally and then came to signing the papers £500 was crossed out and they said £1000 was minimum! silly i just signed!! a couple of months later i was diagnosed with cancer and tried to use the ppi but not being worth the paper it was written on didnt get anywhere! as i was dealing with other things this kinda slipped my mind but i never heard anything until may this year! from Turnbull Rutherford saying that i owe £5000??? to HFO capital??? course i had never heard of them and wrote a letter saying that i needed to see original documents, this is when i found out it was welcome finance! I then got the template for the statute barred letter from this site but they had already started court action! I had the court changed to a local court and i have until the 28th to fill in the form to see if i want to mediate or go to court! i am 16 weeks pregnant and scared really as i have never been in this situation before! please can someone give me some advice? Thanks Charlotte

fatbelly

If it is statute barrred, that is you did not acknowledge the debt (by payment or in writing) in the six years before the date of their claim, then that is a complete defence.

My experience with HFO is that they are aware of the timing and will attempt court action before the six years is up, so you need to check your dates carefully.

However, their particulars of claim are usually so vague that they give you other areas of dispute. For instance, you borrowed money from Welcome. Does the poc make it clear that it relates to that account? When were they assigned the debt? How is the current balance figure calculated?

You can acknowledge service and buy an extra 2 weeks before submitting a defence. You can post or pm your defence if you want, and we'll make comments.

Have I misunderstood where you are with the claim? Is this an Allocation Questionnaire you are fillling in?

lottycobb

Thanks I will post all details over the next day! I have checked the dates of the default and i had one in 2004 from welcome but then HRO sent a default in 2006 which i never received, which i could claim to be ficticious? i am not very good with these matters so all help welcomed