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The defendent

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  1. just awaiting letter re -embursement to charges which, I still havent had a reply to i sent the letter in June, and gave them 40days to do so!! Bcard gave me a balance over the phone and I was told bcard that there was only £60.00 left owing to HFO in charges, not happy as they wouldnt send any documentation re charges on account, and still to date I have never received any documentation from HFO with ammendments on the account. My claim was more than the amount outstanding and have not received any offer/ refund, bcard have obviously paid HFO as donkey stated, and Im sure HFO are pocketing the difference, I am going to contact bcard direct to find out what is going on with my claim.
  2. Hi can you help? over six years ago my partner signed an agreement for a vehicle, which we no longer have as this went back to the finance comp. To cut a long story short a we went to high court etc and a charge was placed on our property, the ccj is nearly six years old and is due to come off i think? can any one tell me if the same applies for the charge? is there any way it can be removed?, wot would be our next step? look forward to your comments kind regards
  3. Hi DonkeyB Sorry not replied sooner, whoops i thought I had sent the right letters!! as I didn't know barclay card would do this I found the letter dated nov 07 from HFO Notice of assignment of debt, but I have never addmitted to receiving it or the debt to them when they have contacted me, they have only started recently contacting me in the last couple of months, so I sent my first cca letter to them on the 11th May 11, all they sent back was a student Barclaycard Application signed by myself, however it has no prescribed terms with it. I received this on the 16th June I have just sent them a default letter backdated stating they have failed to respond to my legal request ect as it was after the 12+2 days!! Re Barclays:- I didn't know they could do this , if the debt has been passed on to another company or are HFO part of barclaycard?? they are prepared to credit me the ammount and interest and yes you are right in saying, that they will notify the agency!! I was going to contact barclay card tomorrow, as I didn't think they could do this because the debt is know longer with them?? also it dosent state which agency they will contact in the letter there were two others before HFO dealing with it. the money to be credited would nearly cover the amount outstanding, but not the extra interest HFO are charging which has double the ammount! and b****r, before I saw your email I have also sent them a letter yesterday stating I am disputing the total value with barclays due to unlawful and unreasonable charges the account to be in dispute sand no further action or payment shsll be made until this mstter is resolved, and the creditor is not permittted to take any further action etc, All letters sent without predudice and I do not acknowledge any dept to their company for what it is worth now I sent this as they only gave me 3 days to contact them or it will be sent to their solicitor! i have drafted another letter to them replying to their letter which they sent on the 16th June also with the application agreement stating again that they have only provided me with a application form and no prescribed terms which there fore they have failed to supply an eforcesable document, which is correctley executed as to be it must conform ot the regs un S60 CCa1974, it also states if you cannot supply me with s true copy document , which complies with CCA 1974 and all of the regulations made under the act I shall be forced to make a complaint to Ts and OFT , and I request that you supply me the required infomation or alternatively confirm the account and the debt written off with a Zero balance, and requested that they reply withing 14 days. Should i send this? I will await your reply kind regards
  4. wot would be a regualted agreement? having problems uploading it on here can you advised what I do next?
  5. Hi coledog Will give it a go as never used it before!! it just states on the top student Barclaycard Application with all my personal details, and on the right hand side it has my signiture and date on it above my signiture, bottom corner Bank use and barclays bank stamp
  6. wot should be my next stage be with HFO do I need to send any other letters to them? as they were in breach of the 12 days to provide evidence My letter from barclaycard which i have just received states:- that barclaycard are prepared to credit me with £XXX and interst at 8% in full and final settlement of my claim. The agency responsible for you account has been notified and account balance will be amended accordingly... I dont want to speak to HFO to see if Barclaycard have contacted them worried it might open a can of worms!! However it won't cover the extra charges HFO have added on also reading up on another forum can they apply charges after they have put a default on my credit file?
  7. ps i wasnt sure how to start a new thread this HFO is not stat barred it is only 5 years old
  8. I have received a reply from them today which is over 12days!! stating as you are aware, through our continued discussions that you had requested for the original documents associated with your accounts with HFO services Please find attached the documents which include your signed aggreement as well We would like to inform you that failure to contact us within the next 3 days will lead to escalation of this matter to our solicitor's and a ccj will be filed agains you name I can confirm that the issue can still be resolved at a reasonable terms provided you contact us before the deadline. I can assure we want to help ( I have only receiived the Signed barclaycard aggreement from them) The copy aggreement they have sent has got my signiture on it, just now not sure where to go from here..... I have just recently found a letter from them dated 2007 notice of assignment of debt, however I have never admitted to the debt
  9. Thanks, Im in a bit of a pickle with it after sending the first letter not sure if I sent the right one! copy of the letter I sent as follows SENT BY RECORDED DELIVERY 11th May 2011 HFO Services Ltd PO Box 342 West Byfleet Surrey KT14 6YX WITHOUT PREJUDICE I do not acknowledge any debt to you or any other company or organisation that you claim to be representing. Dear Sir / Madam , Account Ref: xxxxxxxxxxx With reference to the above agreement, I would be grateful if you would send me a copy of this credit agreement, as I have no knowledge of any debt I understand that under the Consumer Credit Act 1974 (Sections 77-79), I am entitled to receive a copy of my credit agreement on request. I enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act. I understand a copy of any credit agreement should be supplied within 12 working days. I understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act. I look forward to hearing from you. Yours faithfully,
  10. HFO/BARCLAYCARD LETTER 3 DAYS TO REPLY!! URGENT!! Hi can anyone help not sure wot to do next... Problem 1 I recently recieved litigation letters and phone calls from HFO which I did not respond to. However they then sent me 72 hr notice of litigation leter, and would be passed on to their solicitors for legal action, I sent them a cca letter stating I understand that under the consumer credit act 1974 (sections 77-79) I am entitled to receive a copy of my credit agreement on requies enclosed with a £1 postal order for them to send me a copy of this credit agreement, within 12 working days, they have sent me, 2 identical copies of my signed barclaycard application, however they have sent this to me 1 month later!! stating now failure to contact them within the next 3 days will lead to escalation of this matter to their solicitors and ccj will be filed against me. should they have not provided deed of assignment of the debt and a list of transactions and charges? or do I now need to re wright to them asking for these also? Re: barclaycard i already had all statements from them from some time ago when I was going to challenge them, I have just recently asked for my charges back they have offerd me a full and final settlement but problem as follows: Barclaycard have stated in their letter that the agency responsible for my account has been notified and account balance will be amended accordingly, however they have not mentioned which agency they have notified! before HFO I have letters from other dca's (wescot & nco) for the same debt can they do this surley the refund/credit should be sent directly to me to sort? They have also enclosed a six year schedule of charges. I would really appreciate some help with this as im very confused I look forward to your responses Kind Regards
  11. Hi I have read at the bottom of a letter head for Bryan Carter and states, This firm does not accept service of documents by fax or e-mail
  12. ok thanks i will send them the letter and see what they say..., I have only just found out about this stat barred!! can I also contest ones that have put a ccj on that were over 6 years also?? however i have now being making payments to the ccj, but nothing before that?? is there anyway i can contest this?
  13. arrgg help!! i have looked on my credit file and see that the dept is not showing anymore I know it is longer than 6years when i last made a payment to the creditcard comp, I even have the statements to prove!! as i was going to claim the charges back DCA are sending me letters regarding this dept would this debt be definatley stat barred?? with it not showing and should i send the letter above? I have had no contact with the DCA at all and I think they have re-registerd o/s ammount as a defalt from 2007 on my credit file can they do this?
  14. I haven't!! They have sent a schedule of litigation stating cost etc and states that their option is to purse through the courts, can they do this what should i do as my next step?? I found this letter should I send it to them? To: WITHOUT PREJUDICE Dear Sir/Madam Account No: You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves. I/we would point out that under the Limitation Act 1980 Section 5 "an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued". I/we would also point out that the OFT say under their Debt Collection Guidance on statute barred debt that "it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period". The last correspondence/payment/acknowledgement or payment of this debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from me/us in the relevant period under Section 5 of the Limitation Act, I/we suggest that you are no longer able to take any court action against me/us to recover the alleged amount claimed. The OFT Debt Collection Guidance states further that "continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statue barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970". I/we await your written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed. I/we look forward to your reply. Yours faithfully (Your signature) REMEMBER KEEP A COPY OF ALL LETTERS YOU SEND TO YOUR CREDITORS
  15. Hi I am slightly confused... I understand that Statute barred means that you have had no contact or made payments to the original credior from 6 years, however the debt has been sold on to a new debt collector I have had no contact with the new creditor, however they have beem trying to contact me by telephone and sent a letter of shedule of litigation can they still claim this? If I do speak to them can I tell them it is statue barred and is it classed as harrassment?
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