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    • Topic moved to Financial Legal Issues Forum.   When you have all the details of the debt /claim/judgment...please complete the following and post your responses back here for further advice.       Andy
    • Although I still think you will be ok on the mortgage front, it always helps to find a good Broker who can guide you around these sorts of things. 
    • Hello all   A colleague discovered he had a CCJ recorded against him by Lowell as a result of them acquiring an old Electricity Bill from around 2011.   They lodged their claim in 2019 to my colleagues old address and got a back door judgement.   I helped my colleague draft an application to set aside and it was decided by the court service to hold a telephone hearing which took place last week.   It was slightly comical.    The Judge had got my colleague on the conference call and rang the number provided by Lowell only to reach a call centre person who knew nothing about the case.  She offered to find somebody but the judge was not having it and said they had plenty of time to sort out the case and he had called the number they had provided and expected someone to be ready to handle the case.  He asked her if she was ready to deal with it.  She said she wasn't so the Judge "dismissed" her and was left speaking to my colleague only.   It then turned out that Lowell had submitted a response saying they agreed to the Set Aside providing Each party paid their own costs to which my colleague agreed.   Our application requested a set aside on the basis that the original claim was not received despite the utility having my colleague's address and for SB reasons.   The final outcome was the Set aside was ordered by the Court and the original Claim restored with 14 days to defend.   I am running the case here for any CAGers to advise and comment.   My next step is to write to the Court and Lowell asking for a copy of the original Claim Form without which it is difficult to defend.   The main details are that my colleague paid his electricity bill before moving house and indeed retained the same utility company in his new house, not something he was likely to do if he was evading them.   In any event the defence is an SB one as the original bill was around 2011 and any claim would surely have expired about 2017.   I will get back to the thread with more details.  If anybody wants to comment then all suggestions welcome.
    • All of the above but I don't think their default is going to hurt your mortgage application.
    • Unless you have already sent it – which I don't think it's clear – how about this as an alternative:    
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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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Did you actually send that as Coledog advised?

“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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You still also need to find out when the last payment was made to the account. Although it was defaulted in 2007, the last payment may have been well before this. You need to find out if there was a clear six year gap before you made another payment.

“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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You still also need to find out when the last payment was made to the account. Although it was defaulted in 2007, the last payment may have been well before this. You need to find out if there was a clear six year gap before you made another payment.

 

It's earlier in the thread DB, Noro you need to get that info in writing RE default date and last payment

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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yeah the last payment was above ^ do I resend off the CCA letter? I didn't send the account in default letter as coledog suggested, should I send that now or start with a CCA to Turnbull Rotherford?

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It's earlier in the thread DB, Noro you need to get that info in writing RE default date and last payment

 

How do I get it in writing? Would Barclaycard supply this? They werent so forthcoming when I came into the branch.

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Yes, send account in dispute letter only.

 

Did you send original CCA request recorded?

“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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yeah i think I did? it was june now I look back on it. If I didn't should I send again? I send a SAE as well

 

No, just send the account in dispute letter. Make clear that you sent your original request recorded and have proof of delivery, so they can't wriggle out.

“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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Hang on... what do you mean, if you didn't? Did you or didn't you (a) send account in dispute letter and (b) did you send the original CCA request recorded?

 

Please try and be precise in your responses!

“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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I can't remember unfortunately if I did send the letter recorded back in June.

 

I definitely enclosed the postal order, I have just reprinted it off. One copy for HFO and one copy for Turnbull Rutherford (a front for HFO?)

 

Also the link above to the "account in dispute" letter isn't working, could you possibly relink? Thanks in advance.

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Hi Noro,

 

Have I missed something - if the last payment to the a/c was made in 2006, isn't the a/c now Statute Barred. :???:

 

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Last payment 7/3/2006

 

This makes it Stat Barred if you are sure of this date

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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.

 

If you made these payment them it won't be stat barred.

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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Yes - you need to check when any payments have been made. Do not worry, help is at hand. If you can scan and copy any correspondence with personal details removed that would be really useful - I assume that OFT are still investigating these bandits and legs to stand on comes into play here!

Edited by coledog

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Evening all! By the way..

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If payment was made in March 2006 and nothing further was paid until May 2012, then the debt would have been Statute Barred.

 

Once that happened, the SB clock is surely not reset. Once the debt became SB'd, any subsequent payment cannot make the debt current again and it remains permanently SB'd.

 

:wink:

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Alas, the payment was 2011, not 2012. Had to re-read to work it out! Not SB, but in default of a CCA request (which the OP may not have sent recorded after all...).

 

Whatever, time to send another CCA request recorded delivery. Now!

“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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We could do with some help from you

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

 

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Confusing, isn't it?

“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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sorry for all the confusing comments guys.

 

Anyway I have sent off 2 CCA requests today,with the £1 postal order, recorded post to HFO and the so called "Turnbull Rotherford" - who I assume are another arm of the HFO blaggard robot. Is it 12 days I was for a reply?

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2 working days for delivery and then 12 normal days for the reponse.

 

:wink:

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  • 1 month later...

Hi guys, I got a response. Finally.

 

Its a letter from Turnbull Rutherford, they have given me a "reconstituted agreement" as requested by me... is that what I requested?

 

It looks like a letter from barclaycard, dated 24th January 2013. Just a one paged letter, giving a statement of the account, and then 2 pages of T&C's.

 

Does this make sense to anyone?

 

They have also offered me a settlement of £150 to be cleared by... surprise, tomorrow. Even though I got the letter today.

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No - you requested a copy of a true agreement. Recons are not that, and what you have received is not actually a 'recon'. Are you able to scan it with personal details removed?

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discount letter = ignore them.

 

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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