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    • Presumably you have received your own NIP/s172 request after the lease company identified you as the person the car is leased to?   First thing to say is that, regardless of any questions over the date of the first NIP, you must still reply to your own NIP/s172 within the time limit given otherwise you are committing an entirely separate and more serious offence than any speeding infringement.  If you were the driver you should nominate yourself.   You need to be careful arguing that the first NIP was not sent out in time.  Note that it is only the first NIP that is subject to the 14 day limit, and that NIP needs to go to the Registered Keeper.  There is no time limit on subsequent NIPs.   So are you 100% certain that your lease company is the registered keeper and do you know that for a fact?  Please note that the registered keeper of lease vehicles is often not the lease company, but a finance company.   If the police are saying that the first NIP was sent to the RK within the time limit, you can be 99.99999% certain that they will have evidence proving that fact.  Assuming it was sent out first-class, there is a legal presumption that it was delivered two working days after posting, unless the addressee can prove it was never received.  So if the police are saying the first NIP was sent out within 12 days, the RK would have to prove it was never received within 14 days to provide a defence.  As you might imagine, that is very difficult to prove otherwise everybody would claim it.  Unfortunately, "reminder" NIPs are usually not marked as such and may be indistinguishable from the original.   So you need to confirm (preferably by sight of a copy of the actual V5C document as staff of lease companies do not always know) who the Registered Keeper is, and when they recived the first NIP.  If it was received after 14 days can they prove that fact (eg by a date received stamp and an appropriate system for dealing with mail received) and can they prove that they didn't receive an earlier NIP?   Hope that makes sense!  If it doesn't another poster called Man in the Middle will clarify what I 've not explained well or got wrong.
    • Simply confirming no mediation and the claim is proceeding to allocation.   Andy
    • Thanks for the swift response. Will continue to read around.   I have a date of march 10.
    • First of all, they always say that you should be prepared to give up ground. If you are convinced as to your rights in the matter – and we certainly are – then there is no reason for you to give up any ground at all. You may come under pressure to give up ground – but you don't have to concede any ground. The benefit to Hermes is that they don't end up going to court so that they are spared extra expense and also there are spared the embarrassment of a judgement against them. When you are given the mediation date, then let us know and then we will go through it with you. However, read up on all of the threads in this sub- forum. You will find exactly your situation have occurred several times and have already gone to mediation and you will find that we have already given explanations on each one of the points. Familiarise yourself with the stories and the principles involved. When you get your mediation date then come back here and let us know.
    • I have read the page on mediation, but wanted to clarify a few details.   I have been given an arranged time for the mediation call. The email from the court states:   "for mediation to be successful, you would need to be willing to negotiate on the amount of the claim and have a degree of flexibility".   Should I have to give up ground? At this stage, I feel I am owed what I have lost, and what the claim has cost me, not to mention my time. The email says if you aren't willing then mediation is unsuitable.   It then also suggests:   "It is crucial that you are able to briefly and accurately explain your claim or defence. It is vital that you have prepared for the mediation by putting together a brief summary of your opening position. Only the key points are necessary at this stage as the longer the time taken discussing the disputed issues will reduce the time available for exploring settlement options."   I am of course aware of my opening position - that they were negligent and lost my item and thus I believe I am due recompense. However, I am not certain of the legal particulars of my argument.   Furthermore:   - Should I mention that the defendant may not wish to proceed to court as it may support a precedent for others in a similar situation to also claim against them? - Are there any other things I should be mentioning to the mediator?   Appreciate the guidance.
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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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!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
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    • 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


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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

 

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