Turnball Rutherford Solicitors have just delivered a Stat Demand for Statute Barred Debt** DISCONTINUED**

[coledog]

DIRECTORS OFFICE TEL: 0844 0903111 ...Sorry - thought someone said a CCA request earlier! Just ignore me

[Hants38]

Ok what do I do then I take it I have to try and get Barclays to find this.

 

What is a s78 request? I've just sent today a CPR is this not the info i'm after?

[DonkeyB]

As the account was only sold in 2007, someone MUST have the info, by law... call BC back and ask if they took over admin of ALL MS accounts, including the closed ones. If they say they did not, then by law MS are obliged to still hold the data.

 

Someone needs their cage rattling.

[coledog]

DIRECTORS OFFICE TEL: 0844 0903111 as in my post above, forget the s78, as we have sent the CPR

[Hants38]

Ok I have phoned the directors office he has checked and has no matches at all under my name or postcode, the guy I spoke to was Gordon. He has one final system he needs to check but said it was unlikely to be on there, he will call me back in about 5 mins lets see if they find the details

[BRIGADIER2JCS]

Were does this leave the claimant

there are no checkable records of the account.?????

[DonkeyB]

Wonder if they have it recorded as a Goldfish account? Did he say they do hold the old records? If you point out you are in litigation with HFO – who are under investigation by the OFT – he may be, er, inclined to dig deeper.

[DonkeyB]

Were does this leave the claimant

there are no checkable records of the account.?????

 

We know that HFO have managed to get copies of MS application forms from this period. So we know they are there somewhere.

[broken arrow]

Teralee do you have any issues with HFO?

[DonkeyB]

Hello Furbykiller – how did your run in with HFO from 2008 pan out? Welcome, wasn’t it?

[Hants38]

Right the update, gordon from Barclays (Ihave to say very very helpful) managed to find the account had indeed been passed on to HFO Capital. He could not at this stage give ammounts, dates or when last payment had been made as in his own words the information is just not there.

 

He said he'll do some more digging and that I need to contact HFO Capital for the details. I said I wanted the original details from Barclays as HFO Capital have been known to fraudulently cunjour up documents. His reply was it is very unlikely and the only thing he may be able to provide is the original agreement, he cannot give me any statements nor can he give me dates as it is no longer on their system.

 

He did keep saying though that HFO Capital would be able to provide everything.

 

So what are your thoughts everyone, I guess we wait for the CPR from HFO.

 

As yet I have been unable to get hold of the sharp suited James Bolton but will keep trying

[Hants38]

Just a thought going on what Gordon from Barclays told me.

 

Is it possible that when Barclays sold on the debt the y literally sold eveything as in the information paperwork etc and that Barclays really do not have anything anymore?

 

If thats the case surely i'm stuffed???

[Hants38]

"3.3 The Claimant company did not hold a Consumer Credit Licence with the Office of Fair Trading until 26th March 2008 as required by the Consumer Credit Act 1974 to take part in licensable activities. Any activities carried out prior to this date such as debt collection would give rise to a criminal offence pursuant to s39 Consumer Credit Act 1974."

 

Just read this from another post about HFO Capital Limited, if this is true they clearly state taking on my account on the 31 January 2008 surely this has them hook line and sinker!!!

[coledog]

As DB has said, HFO will have got the basic info on this including last payment date, lets see if 'Gordon' can find anything else. Can you get him to put this findings in writing? It may mean you sending him an email requesting this and but you can ask if he will co-operate.

 

You have a number of grounds for defending this - including the 'dodgy' assignment, even if the SB status is uncertainly, but HFO would have to prove it is not SB. Can you be certain about when last payment was made as you do not necessarily have to have proof although this is useful.

[Hants38]

As DB has said, HFO will have got the basic info on this including last payment date, lets see if 'Gordon' can find anything else. Can you get him to put this findings in writing? It may mean you sending him an email requesting this and but you can ask if he will co-operate.

 

You have a number of grounds for defending this - including the 'dodgy' assignment, even if the SB status is uncertainly, but HFO would have to prove it is not SB. Can you be certain about when last payment was made as you do not necessarily have to have proof although this is useful.

 

It is impossible for me to have paid them after January 2005 as I closed the account that my direct debit came from for this.

 

I'm confident that Gordon would put it into writing as he did not seem phased that HFO used dodgy practice and seemed unusually helpful.

[coledog]

Sounding hopeful! did you get anywhere with the court?

[Hants38]

No I have sent 8 emails all of which bounce back saying their email mailbox is full. I've been at work and it is very hard for me to stay on the phone on hold longer than 20-30 mins a go. Most of the time i have been getting engaged, or put in a queue and had to ring off after half an hour due to work.

 

I'll send a letter tomorrow recorded as at least if i do not get through i'll have some kind of defence. I'll keep trying tomorrow but they are only open 8:45-17:00

 

It's almost like they want you to not get hold of them.

[bdcarr]

Surely if Barclays are unable to provide the data, which under Data Protection requires them to hold your personal data for 6 years from last activity, then it must be SB.

 

Also if you check on your credit file then it would have disappeared as its over 6 years. Any entry if on experian would show last payment dates and they withdraw after 6 years.

 

Didnt read all the thread but legally it appears HFO dont have a leg to stand on and it should be thrown out Correct me cole and BA if im wrong.

[broken arrow]

correct they only have to keep records for the last 6 years, does sound SB.

[BRIGADIER2JCS]

Worth in this case to state it is stat barred if

they have no records the the can't prove it's not,

stalemate, not worth pursuing???

[Hants38]

So I guess I wait for Gordon to come back then?

 

What else do I need to do now, I'm still trying the court. I have emailed again but think this will bounce back. Shall I put my email into a letter and send next day delivery?

[42man]

Are you able to take amorning/afternoon off to visit the court ?

[42man]

You need to move as quickly as you can....

[Hants38]

Ok good news after 45 mins I got through to the court.

 

Details as follows :

1. They have indeed sent out the details to the wrong address and have now updated their system

2. IT was issued on the 2nd June 2011

3. Total ammount including costs was £8424.71 (They have claimed 17.5% / annum since assigning the debt)

4. No particulars provided, a note said particulars were to come.

 

So where do I stand now still nothing from Barclays

[coledog]

Are they sending you the papers?