Hi,

I have complaints in, but nothing ever seems to get done. I keep chasing with no end result really. I have complained to the OFT, FOS and ICO.

Hi Guys,

Well the 1/8/12 has been and gone with nothing from either Roxburghe or any flavour of HFO currently. However, this is still on my credit file and I am assuming it should be removed on the 1/8/12 even though it should have been back in June 12.

There is no doubt that the help and advice from you guys has got me through this for which I am very thankful.

So if they pass it to collections what can I do? Assuming the worst they can do is issue court proceedings?

Hi,

I received this response from Roxburghe (and their complaints procedure).

http://www.redrouteconsulting.com/HFO/Rox%20Response%2009072012.jpg

Are they correct in what they say?

Brilliant, thanks.

Hi,

This is my proposed reply and would welcome any comments:

I refer to your letter dated xxth June 2012 and it’s enclosures. The enclosures clearly illustrate that this account is statute barred under the Limitation Act 1980. You are now sending unfair demands for payment which is causing me and my family distress and you are in contravention of section 40 (1) of the Administration of Justice Act 1970 which states:

“Continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment”.

Be clear. Roxburghe (UK) Limited AND HFO Services Limited are both pressing and harassing me for an account which has been disputed, CCA requests made that have not been met by either HFO Services Limited OR Roxburghe (UK) Limited and which is statute barred under the Limitation Act 1980.

Roxburghe (UK) Limited is legally responsible for the accurate recording of this account with Credit Reference Agencies. On 14th April 2011 HFO Services Limited corresponded with information showing a default date of 1/8/2006. The last payment date on this account is recorded as 4/11/2005 as per your enclosures with your letter dated 12th June 2012. A default needs to be recorded WITHIN 6 months of the last payment date. Clearly this information is incorrect as the furthest it can be recorded is 4th May 2006 and it is the responsibility of Roxburghe (UK) Limited to correct this information within 14 days.

I await your written confirmation that the correction to Credit Reference Agencies has been done and that this matter is now closed. I have sent the latest letters from both Roxburghe (UK) Limited and HFO Services Limited to the Office of Fair Trading as additional information relating to my complaint.

Hi,

The letter for HFO can be viewed here:

http://www.redrouteconsulting.com/HFO/HFOLimitationActLetter11.jpg

The letter to Roxburghe with a copy of the above is here:

http://www.redrouteconsulting.com/HFO/Rox1042012.jpg

Are these sufficent?

Have you actually told them you believe it is SB? If so, they are breaking the rules. Simply read back through the thread for the reasons for the proper statute barred status, and the reasons why this default was recorded too late and should be removed. Remember, they bought the responsibilities...

 

Can you record phone calls? Fancy some fun...

Hi,

I thought the point was you never have phone calls with them? What would be the angle with this?

Hi,

Yes they have had the statue barred letter, both HFO and Roxburghe. Anything I send seems to make no difference to them but I send them so that if it does go to court I can produce their correspondence, my replies and proof they signed for the letters.

I am not sure what more I can do than this and am keen to get the default cleared. Reading the advice (which I am grateful for since starting this thread to you all) this is now down to Roxburghe to do this?

Hi,

This is the latest from Roxburghe also:

http://www.redrouteconsulting.com/HFO/Rox12062012.jpg

If it is SB from last payment date (which their copy statements sent show) can they say:

"Please contact our collections team to arrange payment"?

PS - Same franking stamp of SW19 used.

Hi,

It is from the usual SW19. It can be viewed here:

http://www.redrouteconsulting.com/HFO/HFO12062012.jpg

Thanks for the help.

Hi,

Received a letter from HFO with the following:

We confirm that the date of default is xx August 2008. Should we not receive any documentation before August 2012 your account will automatically be closed as statue barred.

Is it the date of last payment of default date for the account to be statue barred?

Have you checked your credit file recently to make sure this is still unrecorded?

Can you clarify what you mean by this? It is due to drop off in August this year.

Hi,

Last payment was November 2005. They sent the agreement and statement from Nov 05, Dec 05, Jan 06 and asking me to get in touch to make payment.

Hi Subscribers,

OK, Roxburghe wrote to me over 6 weeks ago saying that it was on hold until they investigated the complaint. Nothing until today where they produced old statements which shows the last payment date making the it statutory time barred and asking me to make contact to arrange payment.

Any suggestions out there?

Agreed, but I am concerned with the text messages.

Hi Guys,

I have had 3 letters from Roxburghe. I sent recorded delivery another letter yesterday and a copy of the SB letter to HFO which got there today as they signed for it today. I then received a text message this morning with

"Urgent: MR XX XX XX please call Roxburghe on 0193233xxxx, quoting reference xxx. This is not a sales message"

Obviously I wont respond and keep everything in writing, but why would they text and how did they get my mobile number?

Should they be contacting me at all as they haven't proved any debt, provided any proper paperwork and it is SB?

All advice would be most welcome.

That's a good point.

So am I effectively still dealing with the same people?

Ok, for some reason I have kept all the envelopes. What does the SW19 indicate?

Can't scan currently, but the Roxburghe has a return address in West Byfleet and HFO is London SW19. There is no date on the TNT Post from Roxburghe.

Hi,

Roxburghe is TNT Post and one is HFO is blue franked. Does this make a difference or help?

Thanks DonkeyB. I shall!

Hi,

Nothing for months and then HFO have sent an assignment letter to Roxburghe and Roxburghe have sent the standard letter which starts the whole process again.

http://www.redrouteconsulting.com/HFO/HFOAssignment.jpg

http://www.redrouteconsulting.com/HFO/Roxburghe1.jpg

HFO had the time barred letter so I don't know why Roxburghe are making contact.

I did complain to the OFT and heard nothing back, but will get in touch again and send this further information as surely this is harassment?

All help and advice is always most appreciated.

Hi,

An update, the OFT have sent back some questions, a form and asking if I can a provide a witness statement if needed. Is this good or bad?