3 Mobile / HFO Capital / Roxburghe - Debt Help

[Gooner2408]

use the letter above you should be ok

patrickq1

 

Going to send the following tomorrow, let me know if I need to change anything.

 

I haven't previously asked for a CCA agreement so i have modified it slighty.

 

The part where it says about paying a £1 fee.....how do i make this payable to Roxburghe??

Modified - Roxburghe - CCA Request - XXth Feb 2010.pdf

[DonkeyB]

There's no CCA on a mobile phone contract - it's the prove it letter you want. That's the only route. Until they prove any debt, they cannot collect.

[patrickq1]

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/573-general-debt-letter-if-you-know-nothing-of-the-debt

 

yes send this letter of prove it first see what turns up

patrickq1

[minty2009]

After the prove it letter has been sent and they send back a foney account sheet with a list of previous payments, what is the next best thing to do please?

[hamsco]

Can anyone tell me the relationship between HFO and Roxburge? I assume they are actually the same company?

 

As below, everyones friend Barrington Atkinson is involved :

 

Careers at HFO Services

 

Working at HFO

 

It was once said that “knowledge is king”; and we at HFO strive to achieve this daily.

"Our goal is simple. We aim to be one of the most admired businesses in the world; that is, the best business to maximize the value of our clients' portfolios and the best business to work for.

To achieve this we have a fresh approach in the way we deal with our customers and the importance we place on the recruitment and development of our staff. By pursuing excellence in our systems, processes, training and development, we are able to reach new levels of professionalism and create a unique working ethic and environment."

Barrington Atkinson, Managing Director, HFO Services.

Welcome to HFO Services

Are they the same company, can anyone advise me?

They Seem to have taken everything else off their website ie contact details - thats very handy when you want to try and communicate with them.

hamsco

[DonkeyB]

HFO and Roxburghe are part of the Concilian Group, an obscure Malta-registered company controlled, I believe, by asset managers on behalf of the Nathan family trust.

[Gooner2408]

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/573-general-debt-letter-if-you-know-nothing-of-the-debt

 

yes send this letter of prove it first see what turns up

patrickq1

 

Guys i have already sent a "no acknowlegement" letter and had a response which i posted back on page 2. Its the next stage that im after.

 

They replied to the no acknowledgement but did not provide any details of the 3 mobile account number or phone number so i still cant subject access request 3 mobile.

[Gooner2408]

Hello again....

 

Can someone please tell me what to do next with this issue? I'm starting to get really worried by it all

 

Here is a quick re-cap:

 

Had a letter from Roxburghe demanding payment of a debt owed to HFO Capital Limited which turned out to be for a 3 mobile account back in 2004. I sent a "No Acknowledgement" letter to Roxburghe who have responded with a last payment date and ammount owed but no 3 mobile account information. I dont have any information from the account (dont even know the mobile phone number) so i can not subject access 3 mobile.

 

i keep getting threatening/demanding letters from Roxburghe but i'm not sure if i am the debtor or if they have any right in making me pay the debt.

 

So my question is what do i do next?

[DonkeyB]

Send them a copy of your original letter and say that until you receive a sustantive response to that letter, you will not enter into any further correspondence with them, and that any threats made without such a response will be treated as vexatious and may be acted on as such with complaints to the OFT.

[nturkes]

Hello again....

 

Can someone please tell me what to do next with this issue? I'm starting to get really worried by it all

 

Here is a quick re-cap:

 

Had a letter from Roxburghe demanding payment of a debt owed to HFO Capital Limited which turned out to be for a 3 mobile account back in 2004. I sent a "No Acknowledgement" letter to Roxburghe who have responded with a last payment date and ammount owed but no 3 mobile account information. I dont have any information from the account (dont even know the mobile phone number) so i can not subject access 3 mobile.

 

i keep getting threatening/demanding letters from Roxburghe but i'm not sure if i am the debtor or if they have any right in making me pay the debt.

 

So my question is what do i do next?

 

I received exactly the same, amount owed, interest, charges, miscellaneous charges, date and amount of last payment in 2004...no account details. I recently sent the prove it letter for a second time after receiving a 72 hour threat.

[nturkes]

Just thinking, would the next step to be to ask for proof of assignment to HFO Capital?!

[patrickq1]

yes you need ask for proof of assignment

[patrickq1]

send this letter stating your full name and address and any old adress if you had moved ok

DATA PROTECTION ACT 1998 Subject access request

 

This Subject Data Access Request is made under sections 7, 8 & 9 of the Data Protection Act 1998, and by virtue of the Data Protection (Subject Access) (Fees and Miscellaneous Provisions) Regulations 2000 ( S.I.No 191).

 

I hereby request that you supply me with all data that you hold relating to my account. This includes in particular, but is not limited to, the following: -

 

1 The original signed, executed Consumer Credit Act agreement and any terms and conditions that applied at the time the account was opened.

 

2 Transcripts of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, to and from or by any previous creditor.

 

3 True copies of any assignment and/or default notice or enforcement notice that may have been issued including a copy of proof of postage that you hold.

 

4 A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998 and any consent that I/we may have given to those uses

 

5 A list of third parties to whom you have disclosed my/our personal data including credit reference agencies and, a summary of the nature of the information you have disclosed, the reason for this disclosure, including any defaults registered date they were registered and date of removal.

 

6 Full copies of transcripts of any correspondence in postal, e-mail or any other format which you have entered into with any individual, organisation or third party which contains my personal or financial, or which pertains to me.

 

7 Full Details of any third party with an interest in the account.

 

8 Full details of any securitisation(s) that my account(s) has been or is involved in

 

9 Full details of any assignment(s) Legal or equitable copies of proof of posting of any notification allegedly given, if given

 

10 Any other information that you hold with regards to me/us and/or our account.

 

 

Enclosed is the statutory maximum fee for this request of £10.

You have 40 days in which to comply. If there is specific information which you require in order to satisfy yourself as to my identity please let me know by return.

 

However please note that the above address is the one which has been used to make any and all communications with me/us with regards to my/our account information from you which has been hitherto found acceptable.

 

IF YOU ARE UNABLE TO DEAL WITH THIS REQUEST, YOU SHOULD IMMEDIATELY FORWARD IT TO THE PERSON WITHIN YOUR ORGANISTAION REPONSIBLE FOR DATA PROTECTION COMPLIANCE.

 

Yours Faithfully

 

as for hfo send them a copy as well so copy to 3 mobile and one to HFO

and remind hfo that this account is in dispute...but if HFO CAPITAL wish to go for court action you shall treat it as a vexhatious litigation because you consider the debt is still in dispute and you have told them of this ,

[hamsco]

I am fed up with Roxburghe and their inability to provide any information to me about the debt they allege I owe and their inability to communicate with me. I dont see why they should be allowed to ignore my requests which they are legally obliged to fullfil. I am going to complain about them to the FOS tomorrow. I have done this previously with another DCA who claimed I owed them money ( I didnt, the debt is identity fraud) and allowing the FOS to complain to the DCA on my behalf seemed to work. I'll let you know how I get on.

[Lopez12]

Don't forget to report them to Surrey Trading Standards as well as the national press.

 

Best Wishes

 

L12

[ARobbo]

I have exactly the same kind of issue listed on here. Debt goes back to mid 2004 (final bill was apparently issued in December 2004).

 

It was a 3 mobile that I took out for my brother. The billing address was changed to his after a few months of the contract being taken out. I only heard about a debt when Roxburghe wrote to me in December 2009. I have since found out that 3 did nothing until they sold the debt to HFO in July 2007, HFO then did nothing until they referred it to Roxburghe (part of same company) and then Roxburghe wrote to me last year.

 

I did a Subject Access Request to 3 and the debt is for the mobile before it was disconnected but I'm not happy to pay seeing as no action was taken for many years. The Credit Services Association weren't much use when I phoned and I am waiting for a reply. The complaint about 3 mobile is being investigated by Otelo who have provisionally said recently that the fact that 3 didn't do anything for years doesn't warrant a reduction. Surely it's not right that it's been left for so long?

 

I've read the above but not too sure what I can do, can anyone help?

[DonkeyB]

There are several threads re HFO/Roxburghe/3 on the forum - have a browse and you'll find all the info you need. Drill down a few pages and there's lots.

 

Contacting the CSA is a waste of time - it's run by the DCAs. for the DCAs. The OFT is a better bet.

 

Send the 'prove it/no knowledge of debt' letter to Roxburghe and let them do some work. Expect the 72-hour notice letter next.

 

By the time they get anywhere it will be statute barred anyway.

[ARobbo]

Roxburghe have got the account on hold at the moment due to the ongoing dispute with Otelo. Quoted that OFT have guidelines regarding debt collection while a balance is in dispute and they haven't contacted me since their first letter.

 

Because of the Subject Access Request I have had from 3, I have already received copies of the invoices etc showing the debt. The one and only letter I got from Roxburghe at the end of 2009 also stated the debt was for Hutchison 3G so my case seems different to Gooner's in that way.

 

My main argument really is that it's taken all parties so long to contact me about it that I don't see why I should have to pay the full debt and interest etc.

 

Basically, 3 argue that they didn't have my address because my brother had changed it to his address (he was an authorised 3rd party on the account). However, from the SAR, it shows they still had my address on there (although I moved a few years ago, I know no one has tried to contact me at my old address)

 

Roxburghe advised that 3 failed big time back in 2004 and didn't have a collections department big enough to do the work they needed to do - another argument I have is why I should be penalised for their incompetence

[DonkeyB]

When was the last actual payment on the account?

[ARobbo]

The phone was disconnected in July 2004 and I'm told the last payment was £5 in June 2004. A final bill was sent in December 2004.

 

(Basically my brother advises that he had a dispute with them in 2004 and was told the balance would be cleared, however, the SAR does not back this up and no notes on the account really reflect this apart from one in September advising that we were told to ignore a bill as the matter was being looked at)

[DonkeyB]

Was that payment of £5 shown on a statement from 3? Was it a 'one off' or the end of a series of regular payments?

[ARobbo]

Sorry, all the invoices I got in the SAR are at work so can't check until the morning. As far as I remember it was a one-off payment, there was no sort of payment plan agreed. believe it was shown on a statement, could confirm tomorrow

[DonkeyB]

One off payment... how convenient to avoid the statute-barred issue!

[ARobbo]

not too sure what you mean?

[patrickq1]

One off payment... how convenient to avoid the statute-barred issue!

MAYBE IT WAS A ONE OF PAYMENT FOR SUBJECT TO ACCESS REQUEST LOL ...they would have to show as DB says prove it