Jump to content



  • Tweets

  • Posts

    • Yes, it has been cleaned now - it had to be, he came out of hospital at the end of December, and Friend has secured the services of a local cleaning company to come in once a week.  
    • Following the issue of a Liability Order the Council must obtain a warrant of control to try to collect the debt. If they fail their only option is to return the matter to court and you will be asked to attend.   At that hearing the court must be satisfied that:   • A liability order was imposed in relation to the debt. • You have failed to pay; and • The council tried to collect the sum using a warrant of control, and failed.   They must then go on to conduct a "means enquiry" into your financial circumstances. The principle aim of that is firstly to establish whether you had demonstrated either a wilful refusal to pay (i.e. you had sufficient funds but simply refused to pay) or "culpable neglect" (i.e. you had the funds but chose to spend them on something else). Only if they find one of those two can commitment to prison (either immediate or postponed) be considered. Also, only if they find one of those two can they order payments to meet the debt. The usual combination is an order to make payments coupled with a postponed commitment. But, the payment rate must be realistic in terms of your financial circumstances and it should normally mean that the debt is paid within three years. If a realistic payment rate will not see the debt paid in that period then the court should consider remitting (i.e. writing off) some or all of the debt. Similarly, if they find neither wilful refusal to pay nor culpable neglect (and by default find that you simply did not have the ability to pay) they should also consider remitting some or all of the debt.   You should note that at these commitment proceedings, as the matters you face could result in custody, you are entitled to have the services of the duty solicitor. In your circumstances I would say the chances of you being committed to prison are slightly less than zero. From your very brief description of your finances you simply have no spare money (though a means enquiry will delve more deeply into your affairs, especially the debts for which the DWP are making deductions from your benefits). There is no point in delaying any of this. The sooner it gets sorted the better as your circumstances seem unlikely to change any time soon. One thing you must bear in mind is that these proceedings will only deal with the debt covered by the Liability Order. If you have any Council Tax arrears that have accrued since then they will have to be dealt with separately. I'm also assuming you live in England. Since April 2019 commitment to prison has not been an option in Wales.    
    • good issued the default after you turned 50 when any payment is not longer required on the loans and they should be written off.   it's fast becoming clear that they solely refused your SLC forms as a mode of deferring to create this whole falsehood.   the case your refer to about the new forms is detailed in this form in many SLC erudio threads.   if you could go get a USB converter lead to make your old HDD drives readable from amazon or somewhere , cheap as chips and <£5.
    • Has the property been cleaned now? Is it the in the same state as before?
    • Please follow the link and read what we have to say about people who pay by bank transfer
  • Our picks

    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
        • Haha
        • Like
    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 33 replies

Roxburghe/HFO old barclaycard debt


Please note that this topic has not had any new posts for the last 2905 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

I have been getting relentless calls and letters from roxburghe now for a few weeks.

 

I need some advice on what to do next.

 

the debt they say I owe is relating to a student credit card I opened some 7-8 years ago.

 

Now I had forgotten about it - and destroyed it many years ago - until last year when I received a letter from HFO services saying I owed over 1k on the card.

 

Stupidly I rang them and agreed a payment plan for repayment.

 

After 8 or so months I accidentally cancelled the direct debit.

 

This prompted some calls until it all went quiet.

 

That brings us now to the roxburghe calls and such.

I want to know a few things, what do I do with my next move?

 

I have read on here not to call them but write to them or email them?

 

Also the debt I think is over 6 years, or have I scuppered that by paying.hfo some money already?

 

The letters and calls are at all hours, I work with my phone off and at home its silent so that's not major bothering its just the threatening letters that scare me most.

 

Lastly I have also a debt to the student loans company, for an overpayment of loan to me.

Now this was definately 6 years ago and I am receiving letters about that at well,

also from their second name smith Lawson and company.

 

Do the rules on debts becoming statute apply to the student loan as well?

 

I haven't made contact nor have I paid anything aside from my usual payments for the correct loan payments.

 

I accept in terms of the roxburghe debt that I may of scuppered myself with the making of payments. If anyone can help it would be much appreciated.

Link to post
Share on other sites
  • Replies 82
  • Created
  • Last Reply

Top Posters In This Topic

both will be statute barred.

 

as for paying HFO and the implications of that

i would think the debt was already SB'ed when you started paying them

so that cant reset the clock either.

 

can you check your cra file plase

 

to dsee if these debts show.

 

that will confirm the SB thinkings

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites
both will be statute barred.

 

as for paying HFO and the implications of that

i would think the debt was already SB'ed when you started paying them

so that cant reset the clock either.

 

can you check your cra file plase

 

to dsee if these debts show.

 

that will confirm the SB thinkings

dx

 

Forgive my stupidity but I presume cra is my credit report? Like experian etc? If so I will sign up to one now and do that. What if the debts aren't statute?

Link to post
Share on other sites

see my sig below

 

noondle is free

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

I checked it and it says the card was opened by myself 18/10/2004.

 

It now says its a credit card for hfo services, not Barclaycard?

Is that correct?

 

It also lists the default date on the account as 01/05/2007.

 

Which I find hard to believe as I didn't have the card for 3 years.

 

Is it possible the date has been put wrong on the account?

 

What should I do next?

 

Thank u for the replies already.

Link to post
Share on other sites
I checked it and it says the card was opened by myself 18/10/2004. It now says its a credit card for hfo services, not Barclaycard? Is that correct? It also lists the default date on the account as 01/05/2007. Which I find hard to believe as I didn't have the card for 3 years. Is it possible the date has been put wrong on the account? What should I do next? Thank u for the replies already.

 

also interestingly the student loan overpayment isn't on my credit report? I don't know how significant that is...

Link to post
Share on other sites

no that will be correct as hfo have brought the debt

their name replaces that of the OC.

 

if you can prove when your last use was

then the default should have been placed within 6mts of that date.

naughty barclaycard

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites
no that will be correct as hfo have brought the debte

their name replaces that of the OC.

 

if you can prove when your last use was

then the default should have been placed within 6mts of that date.

naughty barclaycard

 

dx

 

Will Barclaycard be able to assist with telling me when I last use the card and defaulted? I presume as the date isn't 6 years since hfo bought the debt then it can't be statute barred? Or is the date from first default by me at Barclaycard? I'm a bit confused as to what to do next. I also read somewhere else because I made some payments to hfo that means I acknowledged the debt and the 6 years starts from then? Thank you for helping.

Link to post
Share on other sites

i've slightly changed the title to say hfo

 

you'll get the crew onboard now

 

there is a number you can call at barclaycard and they'll tell you.

 

sb date is from your last payment to bc

i eould suspect the HFO payments went into their pocket and cannot be proved

 

await the troops

 

though if you use our search top right for

HFO barclaycard

 

your find posts from coledog with the number

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites
i've slightly changed the title to say hfo

 

you'll get the crew onboard now

 

there is a number you can call at barclaycard and they'll tell you.

 

sb date is from your last payment to bc

i eould suspect the HFO payments went into their pocket and cannot be proved

 

await the troops

 

though if you use our search top right for

HFO barclaycard

 

your find posts from coledog with the number

 

dx

 

I will search for it now and ring them tomorro. I suspect the last payment date was at least 6 years ago. So the payments I made to HFO, which I think were 6-8 individual ones at £25 a go, they don't restart the 6 years because it wasn't to the original lender?

Link to post
Share on other sites

i'm not saying that directly, but that is my suspicion

if you did pay off the debt

it should show on statements from the OC or on your CRA file.

 

we cant be seen to suggest a DCA fleeced you now can we....!!!

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Hi

 

Suggest that the first thing you do is call Barclaycard - Barclaycard recoveries 0844 556 0066 and ask them when you made the last payment on the card. Also ask them when exactly this account was sold and to which company - precise name and date.

 

When did you start and finish making payment to HFO?

 

Tell Rox to contact you in writing only and send em this

 

http://www.consumeractiongroup.co.uk/forum/content.php?493-Harassment-by-telephone-response-letter

 

If they phone say 'in writing only', do not answer any security questions and hang up.

 

Report them to OFT http://www.oft.gov.uk/contactus

At your Service

 

Please Double click the Star and leave a message if I have helped you

 

Please support CAG and they will support you.

Link to post
Share on other sites

you're in safe hands now

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Follow the dog! Onboard.

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

If a Cagger helps you, click their star. Better still, make a donation however small, so that CAG can continue to help others.

Link to post
Share on other sites

Hi Noro,

 

To avoid the 2 topics getting mixed up, can you please start a new thread to deal with the student loan issue.

 

My understanding is that student loans are treated differently to other unsecured debts and might not become Statute Barred after 6 years as is usually the case.

 

:-D

We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

Link to post
Share on other sites
Noro - what letters have you recieved from Rox - what do they say?

 

I've received 3 or 4. Unfortunately I binned 2. One of them was saying they had the debt now not HFO. The latest one is saying about.ignoring previous letters and that they will do all they possible they can to recover the debt. It also talks about OFT regulations and has a couple of quotes. They are addressed from a Mr Lee Cookman. I can probably get a photo of a couple and upload them if requested.

 

I made payments to hfo from - I think - May/June 2012 to December 2012. After that is when roxburghe got involved. I don't think the payments show on my cra file as its still showing the same balance, so I too suspect the payments just went to line HFOs pockets.

 

I will ring Barclaycard on my lunch today at work. See what info they can give me.

Link to post
Share on other sites

Hi and Welcome, as other shave stated, phone Barclaycard and ask to who the account was sold, their answer will be either HFO Capital, HFO Services or Roxburghe, you also need the exact sale date and default date, you also want this info in writing.

US President Barack Obama referred to Ugland House as the biggest building in the world or the biggest tax SCA* in the world.

Link to post
Share on other sites

Also important to get the date last payment made to Barclaycard - this could have been SB before you started making payment to HFO.

 

Please try and keep all correspondence and envelopes - it is important to do this. Also keep a record of any calls - if you can record them, even better.

At your Service

 

Please Double click the Star and leave a message if I have helped you

 

Please support CAG and they will support you.

Link to post
Share on other sites
Did you ever receive any notice of assignment.

 

I don't think so. I heard nothing from Barclaycard for years, I had forgot about the debt and then bam, in comes a letter from hfo services a year ago.

 

I rang the Barclaycard number but its only open weekdays. I presume there isn't anothrr contact I can phone?

Link to post
Share on other sites

May have to wait till Monday then - don't worry and do not speak to Rox

At your Service

 

Please Double click the Star and leave a message if I have helped you

 

Please support CAG and they will support you.

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...