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    • Paint is a free programme on any Windows PC. But don't worry, the choice here is not either perfection or nothing. As you say, use your scanner, save the file ... and then use the "choose files" option when you post to CAG to add the file. We can do all the redacting and converting to the correct file type at this end.  The important thing is just to get the info to us. Why not do an experiment this afternoon and see if the above works?  
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    • Asset Link filed for a default CCJ against me, in relation to an old Barclaycard debt which I apparently signed an agreement for back in 2000.   I did not own a Barclaycard in 2000 so I know this is not true.  The CCJ notice was sent to an old address so I did not receive it.  Years later when I found out about the CCJ when I applied for credit, I put an application in to have the CCJ set aside.   As part of the set aside case, I was asked by the judge to provide a draft defence, should the CCJ be set aside.   The defence I provided was that I did not admit to the debt as I had not been provided with any evidence of an original loan agreement.   I won the case and the CCJ was set aside.   Link then filed to court again to make me pay the debt.   We both filed directions questionnaires and the judge allocated the claim to the small claims track.   As part of the directions, additional directions given were as follows ' Additional Directions in a claim for an Assigned Debt - Because the claim is in respect of an assigned debt the Court makes the following directions for the management of claim.  The claim shall be automatically struck out at 4pm on 3 April 2024 unless, before that time, the Claimant delivers to the Court and to the Defendant the following documents'  It then listed various documents such as an original agreement, deed of assignment, notice of default, statement of account setting out how the alleged debt accrued under that agreement etc.     The Claimant failed to provide these documents within the deadline provided and instead I received a copy of a bundle of documents provided by them in preparation for the court date, this was received weeks after the deadline.    I have called the Court to ask if it has been automatically struck out and they advised that it is not automatic and that I should still send my witness statement by the deadline provided, which is Wednesday.  This does not give me much time to prepare my witness statement.   I have never done anything like this before and I am unclear what my witness statement should include.  My thoughts were that I should keep it simple and stick to the facts, like the fact thy have not provided evidence of the original agreement, or the deed of assignment of the debt.   They have provided a copy of a default notice from Baclaycard dated 2015, this states a figure of £550 but the debt they say I owe is £10k.   I am not sure what makes a valid default notice?   I have previously requested proof of the debt from Barclaycard directly and have evidence of emails between us where they have been unable to provide me with the agreement or any documents at all relating to the debt.   Should I include these as an appendix?  Are there any other documents I should include in my bundle?    I have also tried to mediate with the claimants, to save the court costs and time, on a without prejudice basis, but the claimants solicitors refused to mediate.   Should i state this in my witness statement too to show the judge that I have been reasonable and they haven't? Many thanks   Louise
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Roxburghe/Hutchison 3g Debt Collection - Confused!!!


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I would further add that the cause of action on a debt occurs when you first "miss a payment"... therefore this account is SB

 

Thanks so much...I found a standard letter and am going to write like this:

 

 

To

Roxburghe

 

I do not acknowledge any debt to you or any other company or organisation that you claim to be representing.

 

Dear Sir/Madam

 

Account No:

 

You have contacted me regarding the account with the above reference number, which you claim is owed by myself.

 

I 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 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 in the relevant period under Section 5 of the Limitation Act, I suggest that you are no longer able to take any court action against me 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 statute barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970".

 

I await your written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed.

 

I look forward to your reply.

 

Yours faithfully

Is that ok? Is the third paragraph (I underlined) relevant in my case? Because they contacted me in Jan 2010 (within 6 years).

 

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yup also send a harrassment letter jsut to stop anymore letters, but i think you have covered it

patrickq1

 

Thanks so much vjohn82 and patrickq1... I just saw VJohn's thread re: case won against HFO (barclaycard) so impressive :)

 

I checked HFO's licence status on OFT public register and found the followings. Although their licence status is current, the expiry date was Sep 2009. Does this mean they dont even have the renewed licence? Well not important, I am just curious...

Application / Licence Details

 

 

 

Licence Number:0555914

Licence Status:Current

 

Current Applicant / Licensee:

 

Business NameCompany Registration NumberHFO Services Limited05120067

 

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

Expiry Date: 25-Sep-2009

 

 

Legal Formation:

 

Body Corporate (incorporated inside UK)

 

Current Individuals that run the organisation:

 

NamePositionAlasdair John Turnbull

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Just to continue with my outrage at Lowell - I just printed out my credit report again, and it is in fact 14 times that Lowell have searched my record!!!!! Twice a month for the last seven months. ICO advise writing to these scumbags to ask for an explanation, but I'm a bit hesitant because of their penchant for making people's lives a misery, for no particular reason. Does anyone have an alternative suggestion, or should I bite the bullet and write a doozey of a letter of complaint?

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