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    • I am going to try and explaine in full details from start to present and see if you have any advice for me on what i can do.   on 15/1/2021 16:25pm i was traveling along hazlebarrow Road wich is on my estate at around 30mph, its a tight road with cars parked along the left hand side, as i proceeded through, a van ( which was parked on my left hand side, facing towards me) pulled out from the side of the road, he stopped the van wich resulted in the van being at an angled stationary position on the road. I breaked immediately but the ice and snow skidded my tyers, i skidded into the drivers side of his van, my car bounced off his van and sent my vehicle head first into the back of a parked car ( wich was originally parked at the back of the van before he set off from the side of the road. I will refer to the van driver as MR S. ( im going to attatch a street view picture and diagram which will be more helpful in understanding how the accident accured ect) .    The owner of the parked car, which i will refer to as Mr T came out of his house. Myself, mr S and mr T exchanged details and took photos, then i left the scene as my first concern, understandably was to contact my midwife and the hospital. I live just round the corner from the scene of the accident so i slowly drove my car to my property.   I contacted Go skippy the next day 16/1/21 and informed them of the accident and gave them all the details ect.   by the following monday 18/1/21 i had a call from AX who said they was dealing with my claim as go skippy will not deal with it as i am third party insured. Over the next few days, i complied with their requests ( gave them a written statment of what happened, sent them pictures of the damage to my vehicle and MR S van ect).   Then on the 19/1/21 AX contacted me again and asked if i need a curtesy vehicle, my first response was ' how much will that cost me?' Of which she replied ' nothing because your insurance covers the cost'. I agreed to the curtesy vehicle and the vehicle was delivered to me on the 20/1/21.    Over the coming weeks, AX and i had regular contact about my claim and updated me in regards to my own vehicle. At one point she said it could be deemed a 50/50 liability.   An engineer had collected my car, deemed in a total loss as the damage was more than 66% of its total value and written my car off . i had a call from a lady from AX and she said they have valued the car and i will be payed out £2200 . i asked when and she said ' we will send you a cheque out for £358 in the post, and the remaining balance will be payed out by Admirel but this may take a few weeks more' .    I didnt hear nothing for around 2 weeks so i contacted AX again for an update, she told me that admirel are refusing liability and there now in dispute. Every time i contacted them they said the same thing ' admirel are refusing liability'.   i asked them why admirel consider them not liable and she read from the notes ' MR S said he was driving along the road, the corsa ( my vehicle) was at high speed coming towards me , i beeped my horn and tried moving out of the way but i couldnt because of the ice and the snow and the corsa hit my van' ( complete lie!!)   The lady at AX said the problem is that the damage to both our vehicles is consistant with both our stories and due to there being no witnesses, no cctv or dash cam footage- no one can prove who is at fault.   I then questioned why i had been told i was being paid out £2200 and she said 'well we have to advice you the estimated value' of which i replied 'no, there was no 'advice' - i was told it was a done deal i was getting paid £2200 and she told me i had a cheque arriving in the post!!!.    The lady then told me she had requested a ' none prejudice payment' from admirel and waiting for a response.     Shortly after this phone call, AX contacted me again and asked if i had the funds to repair my own vehicle or buy another one, ( im.assuming admirel refused to pay the  none prejudice payment).   I told them No i do not as i have a baby due and even if i did have the funds, why on earth would i fork out to repair my own vehicle when i wasnt at fault ?! . she said ok im going to pass this to managment and see what we can do .     I contacted AX again and asked for an update and expressed how unhappy i was with their service as i felt like they hadnt fought my corner, bowed down to admirel and then had the cheek to ask me to repair my own vehicle . Again she said ' its still in dispute, admirel are not budging i have to pass this on to management.   She then asked me for 3 months bank statements to 'prove' i dont have the funds to repair my vehicle myself. I thought this was ridiculous and stated that even if i had the funds, why would i repair my own vehicle when im.not at fault!?   Obviously this has been on going since middle of january, pretty fed up. My brother come to this forum last night to seek advice And had a couple of replies that i may be liable to pay for the hire car costs.   I contacted AX first thing this morning regarding this. I made it clear that they can collect the vehicle to stop the daily charges as i do not want to be in thousands of pounds worth of debt when i am a lone parent with a new born baby. the lady told me ' we will try every avenue to recover the cost from Admirel for the hire car charges, if this means taking them to court, even if this is unsuccessful, considering you comply with your hire vehicle contract and you work with us with your claim ( which you have been doing) you will not be liable for this debt and if worst comes to worst and admirel will not pay, we will just wipe the debt off' .   i made her repeat several times that i will not be liable for this debt and she said i have told you my name, and these calls are recordered and i am telling you that this debt will not be on you to pay . She then said that if i was to give AX the hire car back now, then it would jepordise everything. And she said ' we gave you that hire vehicle because we beleive your not at fault so you can keep using it as we know you need transport'   I then questioned the need for bank statements again and she told me the reason they need bank statements is so if it goes to court - AX can justify why i needed the hire car for so long ( because i dont have the funds to repair my vehicle or buy another one) and also so they can prove they have tried every root possible.      After the phonecall it got me thinking about how she said ' aslong as you comply with your hire car contract your not liable for any charges for the hire car' .   Will they find any fault with the contract just to try and lumber me with the debt? As it seems pretty fishy how they would just ' wipe off' thousands of pounds if admirel refuse to pay.    And also, she said if i gave the hire car back it would jepodise the case . so when the lady rang me the other week asking if i had funds to repair or buy myself a new vehicle , if i had said yes, ill buy a car tomorrow and come collect the curtesy one. Then what? Wouldnt that ' jepodise' the case?      As you can imagaine, my heads spinning. Stressed and dont know what to do. I dont even care about a pay out , i just want to give the hire car back and be completely done with AX . but now im scared if i give the car back i will be lumbered with thousand of pounds worth of debt from the hire car charges.    What can/should i do?    Thank you Gemma
    • Hi Ade,   Stop speaking to them by phone and keep contact in writing only, which you've said you prefer.   Send TT a SAR by post immediately. The data you get back should enable you to see what they think you owe, and how it's made up.   Also write to BW Legal confirming you dispute the alleged debt owed to TT and have written to TT seeking data, so BWL must stop demands until TT have replied to the SAR you've sent them.
    • Please do although obviously I don’t know the facts from your side but at least I can tell you how much of a cut and paste job it is.
    • Please check back for a full reply tomorrow. However, it would help if you would introduce pergo spaces into a story full stop it's very long and especially for people with small screens it's very difficult to follow when it is so compacted.   I think this straight has become rather confused because of the third party account which we received at the outset. I think it will probably be helpful if you could repost your story but on a new thread and more openly spaced please.   Then we can start to have a closer look at it. However, as I've already suggested, I think there are two issues. The question of your liability in the accident and the problem of how you have been persuaded to take a rental car at such a high rate.    I would suggest that you hold off telephoneing anyone until we have had a closer look.before you do anything on the telephone. You have obviously had some very important conversations but you don't have any evidence of them. Although the other side may say that they have recorded them, you you may find it difficult to get hold of those recordings if in fact those recordings incriminate them in any way. for instance if they have promised you that you don't have to pay anything for the hire car, that would be an extremely useful conversation to have but you may find that it is difficult to get hold of.   please start a new thread it will be much easier to continue from there                                
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    • 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!
       
       
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Roxburghe/HFO old barclaycard debt


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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

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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!

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thats ok

 

good news then.

 

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... 

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

 

What exact correspondence have you had from HFO?

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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.

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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?

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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............

 

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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.

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

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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?

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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.

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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

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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.

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

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

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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

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no

 

 

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... 

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  • 1 month later...

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?

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hehe

didn't find a mug did they!!!

 

they found CAG!!!

 

 

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... 

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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

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.

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  • 7 months later...

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.

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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.

“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.

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