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    • I Submitted my defence last weekend,. In short, denying all allegations and requesting that the claim be struck out as claimant has no documents to support their claim and  have failed to provide any evidence whatsoever that any monies are owed to them by me and I considered it an abuse of process.   I have now received their directions questionnaire where they are championing 'Mediation over the telephone'   Should I agree to mediation once I receive the questionnaire from the court bearing in mind the dispute is about the existence of the alleged account and the lack of documents to prove it exists/ existed?   All I can say in mediation is that I've never heard of the account...... Do Lowell have to provide documents to the mediator?    Thanks in advance for any advice offered and sorry if the answers can be found elsewhere, but I'm not sure where to look 🤓   Spam 
    • Thank you all for the comments.. I hope to get a transcription of the recording, but I don't know if that's possible. I have asked the Court so will see what comes back. This is an overview and may not be exact wording..    I'll add the highlights from what I understood.. [both Judge & Mr D were well into the legal jargon].. some of the more technical discussion was lost on me..   Opening Statements.. VCS......Events from Incident to Court summons.. pretty much the WS opening Me........Night time, bad weather, bad visibility, children in danger walking on the road so "Signs" were not very clear VCS......Pictures on their WS were in daylight. Picture of the car we very blurry due to the rain. VCS agreed it was bad.. Me........Kangaroo Court - Every drop down on the appeal site is an admission of some sort of guilt. Needs to be an "Other" in case your situation doesn.t match Judge...Asked for clarification on POFA from VCS  VCS......Explained POFA in his terms and what he understood Judge...Was it a Parking event? VCS......No, it was a Stopping event Judge...Asked VCS who owns the land.. he didn't know so I told him Southend Council owns the freehold of the airport, but it has been leased since 1994 to London Southend Airport Company Limited Judge...Surprised VCS didn't know that Judge...Asked VCS if the Contract is relevant? VCS......Yes,  Judge...Still not clear VCS......Quoted VCS v Ward & Idle..  Me........That's not in your WS so is it admissible? Judge...That's not relevant in this case.. he had a quick look. Judge...Is the land relevant VCS......No real valid response, referred to VCS contract with the airport. Me........Why is Mr Wasi the paralegal not here as he may know? Judge...Section 46 refers to Parking/Waiting. Me........It all refers to Parking.. and I was not parked or waiting.. ## I expect Simple will see this as a loophole so may change it ##   Closing Statements: Me........VCS are aggressive in all their actions, as you can see by the Letters in their WS.. I also went through all the Arguments at a high level, such as Bye-Laws, Road Traffic Act [Public access etc.., the POFA discussed Parking, not Stopping, PO Box on the Signs, no address. VCS......Pretty much same as the Opening statement as far as I remember..    Judge...   Car was stopped for 30 seconds Multiple Signs The Driver "did" enter into a Contract as they entered the airport But.... Does POFA apply Needs distinction Stopped not Parked Only applies to Parking Judge referred VCS to Jopson v Homeguard 👍  Defendant wins the case & is not obliged to pay VCS any Fines   Judge to VCS... do you want to Appeal VCS.. Yes Sir................... but after 20 seconds he changed his mind to No Sir, no appeal at this time..  Judge to VCS... you have 3 weeks to appeal if you change your mind.   So.. VCS may appeal, but I had a feeling that he may have been tapped on the shoulder and advised to say No.. at the time..     ### As far as I can remember, this is how it went down ###.
    • Let us know when the hearing date has been set and then we will try to help you sort out your arguments and your documents. You will need to submit a court bundle. Please follow the court bundle link
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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.
       
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      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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      • 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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