Roxburghe/HFO old barclaycard debt

[assisted blonde]

If the student loan was taken out prior to 1998 then it can become statute barred after 6 years, as it was a consumert credit agreement but the new style student loans do not fall under this as they are income contingent ( they are taken back from your earnings)

An old style loan can be chased after 6 yeras if a CCJ was obtained prior to the debt becoming statute barred

[noro__]

Good morning all.

 

I have been on the phone to barclaycard this morning and they cant trace my account?

 

I have given them the 4 postcodes I can think of the card being linked to and there is no joy with any of them.

 

The lady says she cant searching my full name, which i think is a little bit odd.

 

She said to contact hfo services to find out what the card number/account number is, but i have been advised against contacting hfo by phone.

 

I then found that on a letter from HFO capital Limited (even though on my equifax its listed at HFO Services)

 

So i rang barclaycard again who despite giving them my dob, the date - exact date - i started the card and my previous addresses i could think of,

they wont give me any information til i have gone into a bank tomorrow on my day off with my driving licence to confirm who i am!

[dx100uk]

thats ok

 

good news then.

 

dx

[coledog]

Hopefully you will get the info when they have checked your id - this is not unusual.

 

What exact correspondence have you had from HFO?

[noro__]

Hopefully you will get the info when they have checked your id - this is not unusual.

 

What exact correspondence have you had from HFO?

 

It was a couple of letters, I then rang a number - stupidly - and set up a dd from my bank account to start paying off the debt.

 

I made about 8 payments.

 

Obviously over this time there was no correspondance.

 

I then accidentally cancelled the dd.

 

They sent a few letters and rang a few times, until last month when roxburghe started sending me fairly frequent letters and nuisance calls from landlines, mobiles etc.

 

I am going into Barclays tomorrow.

 

I keep trying to think and I am pretty sure since I opened the card in Oct 2004 I didn't make many payments, naughty I know and the last one must of been 6+ years ago.

[dadofholly]

Keep records of any numbers they phone you from. Especially mobiles.

[noro__]

Hello again all. I have just been to Barclays and they have given me some details.

 

The last payment made to the account was 07/03/2006. The balance then was unknown. The account itself defaulted 13/09/2006 and was sold onto HFO Capital 24/07/2007 with a balance of £683.96 when hfo originally chased me the "balance" to pay was over 1k. Funny that. What's the next thing I should be doing?

[slick132]

Hi Noro,

 

I assume, in post #19, that you meant to say you paid HFO between May and December 2011 (not 2012 !).

 

In which case, less that 6 years lapsed between March 2006 and Dec'r 2011 and the account did not become Statute Barred.

 

So you will have to look at other aspects of this case, such as whether a valid credit agreement has been produced, Default Notice, Notice of Assignment, etc.

 

No doubt others will come back to comment further............

 

Edited April 18, 2012 by slick132
typo

[broken arrow]

As it was sold in July 2007 this would be HFO Capital Cayman all these accounts were then sold to HFO Capital Dublin, at the time HFO Capital Dublin did not have a valid CCL.

[noro__]

Valid CCL? I'm not up on my terms unfortunately!

[dadofholly]

CCL = consumer credit licence.

 

When the agreement was transfered from HFO Capital Cayman to HFO Capital Ireland - HFO Capital Ireland did not have a valid CCL. That is a criminal offence.

 

Have you lodged a complaint with the OFT?

[noro__]

No should I do that now? How do I do that. How do I find out for sure about the debt being either statute or if this ccl business is right then does that make the debt they bought void?

[dadofholly]

It looks like you have made payments to HFO before the account became Stat Barred - so it my not be stat barred.

 

Would send a formal CCA request to Roxburghe. Amend and send the letter you can find on the link below. Enclose a £1 Postal order and print your name on the letter - do not sign it.

 

http://www.consumeractiongroup.co.uk/forum/content.php?414-CCA-request-letter.

 

Would also be worth getting BC to put in writing to who, and when, they sold the agreement.

[coledog]

Agree with Homer, get a CCA request off and ensure you let them them you are disputing this.This should ensure that they stop harassing you. I suspect that you made the series of payments under duress as I doubt that HFO actually sent you any real proof that they actually had a right to collect this debt and I also suspect that they will not resort to legal action if they know that you are disputing this. Threatening you is their only hope of getting anything at all!

 

The problem with HFO companies not having the correct licensing when they bought these accounts has giving people a considerable defence when HFO have attempted legal action.

 

You must make a complaint to OFT about the behaviour of these companies and supply the information that you have

[noro__]

I shall send that letter off tomorrow. How do I complain to the OFT? Once I have sent the letter off to rox then is there anything else I should be doing? Im getting the ever increasing feeling I will be resorted with nothing but to pay them back eventually especially if it is true and the case isn't statute barred because of my payments to hfo - even tho I did panic and pay them I didn't actually receive proof. It was the threats of legal action that prompted payment.

[broken arrow]

You can write to Polly Ashford, OFT, Fleet Bank House, 2-6 Salisbury Square, London, EC4 8JX.

[broken arrow]

If they do start legal action we are here to help.

[coledog]

Send the CCA request to Rox - recorded delivery, so you have a record of this. Give them 12 plus 2 working days to reply, then send this

 

http://www.consumeractiongroup.co.uk/forum/content.php?436-Failure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale

 

Let us know if they send anything

 

Complain to OFT at http://www.oft.gov.uk/contactus for the attention of Polly Ashford particularly about the phone calls and previous harassment from HFO

 

Basically you seem to have been harassed into paying for something when you have not been provided of proper proof that they have any right to demand this money particularly the interest added. HFO should also have sent you proper statements of your payments.

 

If you make it very clear that you are disputing this - they are very unlikely to try legal action as there are too many holes in their case

[Loolabelle]

Can i just ask as i'm in the same position, if B/Card send the letter confirming it is SB, do you then send a copy to Roxburgh??

[dx100uk]

no

 

 

dx

[noro__]

Hi guys. It's been a while. I sent off the cca request before I went on holiday, that was start of May? I didn't receive a reply in 14 days. I haven't received any phone calls or letters since from rox? Do I now send off the letter that is mentioned above? And why have they gone quiet?

[dx100uk]

hehe

didn't find a mug did they!!!

 

they found CAG!!!

 

 

dx

[coledog]

Yes 'account in dispute' letter

 

http://www.consumeractiongroup.co.uk...ibed-timescale

 

Ignore them until they come back with a VALID credit agreement and let us know if they send anything

[noro__]

Hello again guys. After a long silence from hfo. I have now come home to two letters, one of which is a letter from hfo instructing that they have instructed Turnbull Rotherford solicitors to act on their behalf and claim the debt. I have also got a letter received today from said solicitors who are saying they are acting for hfo. They are asking immediately that I contact them. What do i do now? do I contact them or not, I thought I shouldn't? and hfo still haven't got back with the cca request.... Any help on this will be fantastic guys.

[DonkeyB]

Hello again guys. After a long silence from hfo. I have now come home to two letters, one of which is a letter from hfo instructing that they have instructed Turnbull Rotherford solicitors to act on their behalf and claim the debt. I have also got a letter received today from said solicitors who are saying they are acting for hfo. They are asking immediately that I contact them. What do i do now? do I contact them or not, I thought I shouldn't? and hfo still haven't got back with the cca request.... Any help on this will be fantastic guys.

 

Sent the account in dispute letter re no CCA and copy to the OFT.