HFO & Roxburghe ltd - PLEASE HELP

kylieboy

Thank you..

Tixy

Hi

Are you certain the last payment was March 06?

And what have you done so far since finding out about the default? just made a phone call to barclaycard? you've not written to anyone?

If the last payment was March 06 and you've not written to anyone to acknowledge the debt since then then it is about to become statute barred (in March 2012). Once the debt is statute barred you are no longer legally required to pay.

Wait and do nothing for now (in terms of talking to them or paying anyone). Have a read about statute barred debts and once you are certain its statute barred (presumably in April sometime) if they write to you to chase for the debt write back using a statute barred template.

Have a read up on this - Statute barred debts and the Limitation Acts

You can't get it removed from your credit file once its statute barred - but it will drop off anyway in October this year.

fatbelly

Don't phone HFO/Roxburghe. That's not going to help.

Can you get or have you got Barclaycard to confirm that the last payment was in March 2006. That could be a key date as the debt (if it is a debt) is about to become Statute Barred (if you're in England/Wales).

Factsheet | Liability for debts and the Limitation Act

If they've not contacted you then there is nothing to respond to yet. However, as you say, they probably will write to you.

Provided they don't commence court action in the next few weeks you could send them the 'hybrid' letter in this thread in, say, April.

https://forums.moneysavingexpert.com/discussion/2606811

kylieboy

Hi Tixy.. and thank you for your reply!

I have not written to anyone regarding this debt and have only made one call to Barclay card, and this is where they told me the last payment was definately March 2006.

With the status barred part, do I not have to take it from the default date and not the last payment date? I'm not questioning you, just making sure..

Thank you again!!

Tixy

No its the last 'action' by you, which is either the last payment, or the date you last wrote to them acknowledging that you owe the debt. Placing a default on your file is an 'action' by them so isn't a relevant date for the purposes of the limitation act.

kylieboy

removed...

nottoolate

i thought hfo had just gone bust?

kylieboy

Yes I think they have, however their cases seem to be have passed to Roxburghe ltd (they are both under the same roof from wht I can tell)

kylieboy

Could they really commence court action?? I have not aknowledged the debt and honestly don't feel there is a debt outstanding as barclay card can't even confirm it..

Tixy

In theory they can commence court action at any time - if they do so before the 6year anniversary of the last payment then they'd likely be successful (assuming they can prove you owe the money/have the correct documents etc).
If they try to commence court action after the 6year date then you would need to defend the court claim on the basis that the debt is statute barred.
If you didn't defend its possible for a creditor to get a CCJ on a statute barred debt - in those cases you can go back to court to get the judgement set aside on the basis that the debt was statute barred at the time the CCJ was granted.

Its pretty unlikely they'd commence action in the next couple of weeks - but in theory its possible. So do keep an eye on what is being sent in the post (although a threat that "we may take court action" is just a threat, its only a notice of commencement of action / a claim for you to complete that you need to worry about)

give_them_FA

Yes, do as advised and don't rock the boat till April, Roxburghe are fairly useless and probably won't realise what's happening.