HFO Services and now Roxburghe

[DonkeyB]

Here's UK26's thread (ultimately he lost, but I believe things are still happening):

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/130275-hfo-services-limited.html

 

and here's Pank's thread (won). Have a look at the PDF in post 316, but read the whole thread. Is the 'default notice/T&Cs' doc in this PDF the same as you received? If so, it's a load of b*llocks.

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/169400-hfo-services-help-wanted-16.html

 

Happy reading!

[DonkeyB]

Donkey,

 

how did you get on in the end?

 

Ak27

 

Discontinued. They don't like fast track, as they are open to heavy disclosure and much more examination. Basically they had no CCA, produced iffy T&Cs, fibbed about the usual NoA/DNs etc (made them up), denied correspondence (provable) and wrote such outrageous fibs in their witness statement that there was no way they could have won (except if they got a sympathetic judge, which does happen, I'm afraid). The judge even asked me if I had a law degree (thanks CAG!) and ripped their numpty solicitor to shreds - was a bit embarrassing.

 

Almost wish it had gone to court, but it's easy to be brave after the event (like most, I was cacking my panties at the time). CAG and pt2537 in particular saved the day.

Edited October 22, 2009 by DonkeyB

[ak27]

ha ha good to hear it

 

thanks for all your help thus far

[ak27]

Donkey,

 

Yes exactly the same!!!!!

 

AK27

[DonkeyB]

What a surprise ... read that thread and enjoy it!

[ak27]

All,

 

Can somebody please advise in regards to a default notice and it being removed from your credit file after six years.

 

does this six year rule apply from the date of the default even if there is an outstanding balance owed. Or is it simply six years from the date the default has been paid in full?

 

Thanks

[DonkeyB]

Six years from the date of default, irrespective of the balance, not to be confused with statute barred which is six years (five in Scotland) from the last acknowledgment of the debt.

[ak27]

Still nothing heard......

 

in the meantime is it worth me contacting the credit references with regards to the default placed on my file from HFO to inform them the account is in dispute for them to note this on the file?

 

Thanks

ak27

[ak27]

Can somebody please advise what the deal is with regards to a default notice!

 

Is it the case you should receive a Default notice prior to a default being placed on your credit files. or has the OC/DCA got the power to issue after the event (default being marked on file)...... in my case the DCA has issued me with some form of default notice two years after it going down on my file.

 

Thanks all

[patrickq1]

i would be writing a letter of complaint to TRADING STANDARDS first and foremost....the use of documents fraudulently conceived is a start then also mention that they passed this case to their subsidary company roxbrgh ,i am sure diane will be pleased she is in volved in fraudulent trading of fraudulent documents..so a reminder to TURNBUM AND ROXBOROUGH DIRECTORS that you are holding them ultimately responseble...

patrickq1

[DonkeyB]

ak - any chance you could get confirmation from the OC as to exactly whom and when the alleged account was assigned? They would be obliged to keep a record of this. You could help us close down your nemesis.

 

See these threads and you'll understand why:

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/236290-have-you-been-taken-5.html#post2633326

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/231293-help-defence-ws-required-15.html#post2633739

[ak27]

Donkey - i initially wrote to Barclays requesting all required docs from previous posts and i received a letter back informing me my account was still with MS..... After sending off the same letter to MS they simply referred it on to Barclays and Barclays have now come back asking for further information as unable to locate account. i sent off a reply to them monday and await a response. what can i do if i am unable to get a copy of the original Credit Agreement that HFO claim was the original they've sent to me????

[ak27]

donkey - just had a quick glance over the two thread you posted above and i see where you are coming from. I will await confirmation from Barclays to my last letter and if no joy i will track this account down with MS...... i cant believe they have no record of this account that HFO claim was sold to them!!!!!

[DonkeyB]

So you see where we're coming from!

[ak27]

what can i do if neither BC or MS can ever provide me with my requests and this was to go to court?

[DonkeyB]

The fact that thy have not been provided will form part of your defence, and at the AQ stage you can request formally that they are supplied by the claimant.

[ak27]

......

Edited December 22, 2009 by ak27

[ak27]

Morning,

 

Barclaycard have since provided for me a complete list of transactions relating to my previous 6 years worth of statements and i notice a hell of a lots of PPI amounts taken out. But still no original CCA supplied!

 

I will write back to them as i now have a name of somebody to deal with requesting yet again a signed copy of the alleged agreement so i can cross check against the wonderful HFO/Roxburghes supposed true copy which i believe has been tampered with.

 

as above, if BC are unable to provide this for me on what bases do i have an arguement (apart from them not being able to supply for me) in court that the doc has been forged apart from what has clearly been pointed out to me by you wonderful people?

 

Please PM me so i can keep this to myself until needed.

 

Thanks

AK27

[DonkeyB]

Your application form didn't have a PPI tick box... I feel a massive claim for refunds coming on...

[ak27]

Time ticks on......

 

My PPI claim has been acknowledged by BC but still no original agreement from the original creditor.

 

A few calls received from collectors and standard threats etc.

 

will continue to await original signed Credit Agreement to confirm my

suspicions.

 

AK27

Edited March 8, 2010 by ak27

[DonkeyB]

I think you will probably get the standard knock-back PPI final response from Barclaycard. Nearly everyone does. You'll then have to take it to the FOS.

[DonkeyB]

Have you found out from Barclaycard or MS exactly when and to who the alleged account was sold?

 

I've analysed the second page of your 'agreement' in Photoshop, and the 'received' date has definitely been deleted because, probably, it bears no relation to the date of the application (as we suspect). I could take a guess at the date on the T&Cs, but let's hold that back for now.

[ak27]

I never received anything (i.e. default notice, notice of assignment etc) when the debt was sold on. No dates or confirmation to whom it was sold to. Received a few notice of assignments from HFO (all dated differently) when putting this in writting to them. Obviously (and as we all know) these have come from HFO on Morgan Stanleys letter head.

 

Regarding the PPI, if i'd of known i had it i would never have fallen behind with payments, as all the trouble started when i lost my job. with this in mind and obviously i have made BC completely aware of the situations i keep my fingers crossed. Not counting on it though!!!!!!

[DonkeyB]

As mentioned earlier, there's no PPI tickbox on the app form. It will be interesting to see what their explanation is. They will probably claim it was done over the phone. Bet they don't have the recording, though...

[ak27]

Hi all,

 

By way of update.

 

After several letters received from Roxburghe, all saying that i have not contacted them to discuss payment method (all of which i had responded to confirming i was awaiting original CCA from initial bank) i have finally received a letter from G White Sols - looks like this is going to court.

 

Will keep you posted as and when i get something through in regards to court papers etc.

 

BC are still looking in to my case regarding PPI insurance.

 

AK