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    • They've estimated 10 years to agree a trade deal haven't they, UB? I think the Tories believed Trump when he said the UK would be at the front of the queue and have a quick trade deal and thought it would look good as an announcement after Brexit happened. It didn't dawn on them until quite late on that Donald might lose the election.   Why they ever thought US negotiators would do any favours is beyond me and now you see how other countries have asserted themselves over trade deals, the Tories global ambitions are starting to look naive.
    • It takes a long time to agree trade deals because there are so many aspects to consider.    UK companies trade with US consumers including US Government every day of the year, with the previous trade arrangements still in place.   There is no hurry to agree a new trade deal. It takes thousands of civil servants in both Governments to go into every aspect and they just don't have the people available to do this work.    
    • Hi thanks so much for the update and all the information. I will get my reading glasses on and look at the claim info and court info.  I agree let’s proceed issuing a letter straight away.  I am happy to stump the fees for court and am confident we will win.  The police officer I have dealt with has secured further CCTV evidence which I will ask a solicitor friend to get hold of from the Hermes parcel shop should we need any further evidence the parcel was dropped and collected.  Once I have read all the pages on here I will start putting the letter together and post on here for further advice.  thanks again,  mark 
    • The reason that I have indicated that it is the seller who should bring an action against Hermes is not because they are the seller – but because they are the person who suffered the loss. If you haven't suffered a loss then you probably don't have the status – locus standi – to bring a court action. Of course there is a slight problem that you didn't enter into the contract with Hermes – the purchaser did. Until 1999 this would have been a problem and would have prevented you from bringing any kind of action at all – at least on the basis of contract. However, since 1999, the Contracts (Rights of Third Parties) Act gives the beneficiary of any contract full third party rights as if they were a contracting party. The only exception to this is that if the contract specifically excluded non-contracting parties – and I'm not aware that Hermes has yet amended their contract to try and prevent this. Of course as usual, Hermes will make a big point about the fact that no insurance was purchased. Hopefully you have been reading around the threads on this sub- forum and you have seen that our view is that it is completely unfair and in fact it is absurd to require a customer to pay money to protect Hermes or any other service provider from the consequences of their own negligence or the criminality of their own employees. Every time this point has been raised with Hermes in mediation, Hermes have settled and we consider that it is because they want to avoid going to court to get a definitive judgement that their insurance scam – is precisely that – a scam. On the basis of what I understand here, this is more than just negligence there is criminality and your bike has been stolen. You've already begun a complaint and you have been knocked back and so I think there's no point in mucking around and I think that you should simply issue a letter of claim to Hermes giving them 14 days to settle in full or else you will begin a court action. Make sure that you have read around the forum about taking a small claim in the County Court. It's very easy but you need to be aware of the steps. If you send the letter of claim, then don't expect that they are suddenly going to refund you your money. They won't. They will force you to issue the court papers and who will then force you to pay the hearing fee. At this point, they will opt for mediation and they will try to knock you down and get your compromise in your claim. You should stand your ground and refused to compromise even a single penny. We will help you all the way. You seem to be a seller and a purchaser here who are getting on very well together and so as you are motivated by a common purpose, you may want to get an agreement where you decide to share the fees of court action – which won't be very much. I haven't checked the court fees for this value claim – but I expect that the whole thing will be only about £120. Of course you will get that back when you win – but bear in mind there is a is a slight risk factor and that means that £120 would be the extent of your risk and would be the maximum that you would lose. It is inconceivable that you would lose. You should be claiming the cost of the bike, the cost of delivery, plus interest which is presently 8% – a very good rate in today's economic climate. Of course you will also claim back your court fees. If you want to proceed then please let us know and let us know also that you have read around the stories and also the steps involved taking a small claim in the County Court and that you understand what you are doing. If you do your basic reading over the next couple of days then we can help you draft a letter of claim on Sunday and you can send it off on Monday. I would recommend that you post your draft letter of claim on this forum so we can check it. Keep it short and to the point.
    • That's what keeps divorce lawyers and mediators in work, I suppose. You think he's being unreasonable and he thinks you are.   My gut feeling is that it would be better to have this agreed in writing so it can't be challenged later, but that's just my opinion. Here's more information from the CAB in case it covers something you haven't already considered.   HB
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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
      • 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


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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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