This topic was closed on 09 March 2019. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group

Thank you so much for all the replies, this forum is absolutely fantastic and I really appreciate all your input. I get paid at the start of next month and will make a donation because this forum is a godsend. Cheers!!

Sorry you already said "dont sign" for some reason didnt see half of the replies earlier. If Barclaycard didnt sell the debt to HFO services, what advantage does that give me?

Just one more question please, The CCA Letter template, do I sign the letter or just print my name. Was not sure if there is any legal obligation to sign or if the template said Print Name for a reason. Thanks again, be sure a donation will be on its way as soon as I get this sorted. Cheers

Thanks for the information, I feel a whole less stressed, many thanks. I will send HFO the CCA and see what they come up with. Cheers guys

Yes did receive a default notice after contacting Barclaycard to say that I couldn't pay following redundency. They did cancel the card. My whole argument at the time was the late payment fee knocking me over the credit limit which incurred another fee, I seem to recall incurring over £120 in charges in just over 1 month, I think it was £45 late payment fee £45 exceeding credit limit and then another late payment the following start of the month of £45. I have not kept any of the paperwork to be honest because I was so disgusted with it all, I could have got a £300 loan from a loan shark on the local estate with less charges.

Thanks for the fast reply guys, The letter says they are currently in the process of reviewing my account and preparing an in depth dossier on my current financial situation. It then goes on to say that a CCJ will affect my credit rating and that once they have obtained judgement, they will apply for the warrant of execution. It says "Alternatively HFO may decide to instruct its solicitors to apply for an order to obtain information against me, which means that the court will ask you to produce a record of my financial activity for a period as far back as three years and to make a full declaration on oath of all my declared and undeclared income and assets. You can avoid escalation of this matter by calling me on 0203 024 9612 within 7 days" The letter is dated 20th July. The card was taken out I believe in either 2005 or 2006, I have just found an email that I sent to barclaycard in 2006 proposing payments so i think 2005. I think the last time any payment was made was mid 2007. I definately have not received a CCJ at my current address and I have been here for 15 years. Thanks for your help guys keep it coming! CHeers

Hi, I am new to this forum so any help would be greatly appreciated. I have just received a letter from a company called HFO services, with regard to a debt I have with Barclaycard. The card only had a £300 credit limit and it was a late payment charge that sent me over the credit limit and thus spiralled the charges out of control. The letter I have received from HFO services says they have attempted to contact me several times but this is the first letter I have had from this company, another company were chasing it originally. The letter from HFO says that the amount owing is £1563.13 and it says because I have made payments in the past it is unlikely i will be able to raise a credible defense to legal action. It says that they are seeking from the court a warrant of execution and that bailiffs will remove goods from my home to pay the judgement debt. Alternatively they will apply for an order to obtain information against me via the courts. I am already having a bad time at the moment, one of my family members has been taken into hospital abroad seriously ill and this has just stressed me out no end. What actions can i take to sort this out. Any help would be most appreciated. Many Thanks in advance!!

I'm not certain by any means but i think in Henry's case, the fact that he had a barrister with him may have forced the bank to send a barrister to challenge. I'm not certain as i do not know if Natwest would have been aware that he was being represented by a barrister but it seems likely. I realise your concerns because Natwest have actually fulfilled a service by paying the Direct Debits, which is very unusual as mine are always unpaid items. However, I still do not believe that the £38 charges would be accountable for if the DD's were for £20 or less. Hopefully a moderator will put you straight as to what argument to use. Good Luck

I am going to make a claim at the end of the week when i can afford it. I'm a little concerned about happyharry's post but i guess we've got to be prepared to go to court. I'm going for it because the charges are clearly a rip off! Best of luck if you decide to claim!!

It is true that the OFT have approached the Banks and Credit Card Companies relating to Credit Cards specifically, but if this can be seen as a penalty then Direct Debit charges most certainly are too. I was a little unsure about the Direct Debit thing too, but the argument in law, as far as i can make out from reading threads here and other websites is that these charges are a profit making scheme, £38 a time i get charged for Unpaid Direct debits and this in no way reflects the loss the bank has for not paying this. It costs about 50p for them to send you an automated letter (if that) and so the argument is that if they are making huge profits from these charges (which is obvious) then they are in fact penalties and unlawful. I think the idea is let the bank prove that it costs them £38 every time they cannot pay a direct debit. I would like to see how they could possibly justify it. Take em to court!! Best of luck

I have just received response to my final letter to Natwest which states : I note what you say in particular your proposed next move. I am dissapointed that you propose to commence proceedings against the bank and hope even at this late stage, that you will feel able to reconsider." I am obviously not able to reconsider and so i am going to take legal action. I have been looking around the threads and am a little confused as to what law i am using against them. Is it that the terms and conditions of the contract are unlawful as they include a massive margin for profit. Do i need a copy of the contract that i signed with the bank to use in court? Or is it just a case of making them bring their accounts to prove that charges are a profit making scheme. I would be grateful if someone can enlighten me so that i can take the correct action. Many Thanks P.S. Well Done Bookworm, your an inspiration!!

Bookworm thats fantastic, i am just in the process of issuing proceedings against Natwest and reading your threads has certainly inspired me. May i ask what you placed in your claim? Anyway, well done and best wishes for the future!!

I am in the same position, just received a letter from Natwest in reply to my final letter of warning, they replied: "I note what you say, in particular your next move. I am dissapointed that you propose to commence proceedings against the bank and hope, even at this late stage, that you feel able to reconsider." I will be issuing a county court action as soon as i have the money to do so, probably next week. Good luck with your action, keep us updated.