OK. CPR31 letter sent today special delivery. I spoke to Barclaycard on the phone who confirmed that the last payment was on 6th July 2007; and that the debt was purchased by HFO Capital on 23rd October 2007 (a date different to ones they refer to in their POC). Barclaycard will provide me this info in writing, within 21 days. SAR request to BC will go out this week. I have also spoken to someone at OFT and have been asked to provide a Witness Statement for use in their ongoing investigation of HFO/TR. Any advice based on the info BC have given me?

Thanks Shadow. Coledog: thanks for your suggested CPR31 - amazing. This will be sent off tomorrow, and I'll call BC, and contact Polly at OFT. A quick question - what if TR don't send me the requested documents within 7 days, and my Defense is due? Presumably I can request more time? Thanks again everyone, I really can't thank you enough for your quick responses. This is a huge weight lifted for this evening.

Hi again! I will give HFO/TR one thing... they are tenacious. OK, POC is as follows: Since they refer to "credit agreement dated 23 March 1999" and have never provided me with such I assume this is what I should be asking for under the CPR31? The fuzzy application forms they have provided (see here: http://www.consumeractiongroup.co.uk/forum/showthread.php?150311-My-debt...-more-from-the-dreaded-HFO-Services...&p=1761879&viewfull=1#post1761879) are dated 15.3.99 and so clearly NOT the credit agreement they refer to in their POC. In answer to dadofholly: "Did HFO recentley send you a Default Notice prior to the court proceedings? if so can you scan it - If it is like others i have seen it will not be compliant - and after the Brandon appeal today the Court cannot enforce the debt on the back of a faulty DN." In Sept 2010 I received a copy of PAGE 1 of a Default Notice - it is dated 9 Sept 2005 but there is no logo or letterhead indicating who sent and the bottom of the page says "(continued)" however the rest of the letter is missing. I will scan this in properly tomorrow, as I don't currently have a scanner at home!

Firstly, apologies for starting a new thread! Hopefully these can be merged. I will post this here and then move over to the old thread here: http://www.consumeractiongroup.co.uk/forum/showthread.php?150311-My-debt...-more-from-the-dreaded-HFO-Services.../ POC is as follows: Claimant: HFO CAPTIAL LIMITED Particulars of Claim The Claimant is engaged in the business of purchasing debt and purchases debt from various lenders. The Claimant's group company, HFO Capital Limited, incorporated under the laws of the Cayman Islands with company registration number MC-138277 (“HFO Cayman”), purchased the Defendant's account and all rights and benefits attaching thereto from Barclaycard (“The Original Lender”) on 6 November 2007. The Defendant's account was subsequently transferred to the Claimant pursuant to an intra-group sale agreement dated 31 January 2008. The Claimant's claim is for monies owed under an interest bearing credit agreement dated 23 March 1999 (“The Credit Agreement”), which is regulated by the Consumer Credit Act 1974, between the Defendant and the Original Lender, the debt due there under having been assigned to the Claimant. Under the Credit Agreement the said sum was to be repaid by the Defendant by way of monthly instalments. The Defendant has defaulted on payment and is in breach of the payment clause of the Credit Agreement. In compliance with Section 136 of the Law of Property Act 1925, the Defendant was given written notice of the assignment of the Defendant's account to the Claimant. Despite numerous requests made by the Claimant's collection agents the Defendant has failed to pay the said sum and remains indebted to the Claimant. The Claimant is entitled to claim contractual interest pursuant to the terms of the Credit Agreement at a rate of 12.00% per annum from the date of assignment to the date of judgment or sooner payment being at a daily rate of £0.48. The Claimant is entitled to claim post judgment contractual interest pursuant to the terms of the Credit Agreement at a rate of 12.00% per annum. Alternatively, pursuant to Section 69 of the County Courts Act 1984 at a rate if 8.00% per annum from the date of assignment to the date of judgment or sooner payment. AND THE CLAIMANT CLAIMS Principle sum of XXXXXX Contractual interest on (1) above from date of assignment to date of issue in the sum of XXXXX. Contractual interest on (1) above from date of issue to date of judgment or earlier payment at a daily rate of £0.48. Or in the alternative, statuatory interest pursuant to section 69 of the County Courts Act 1984 to be assessed.

Just an update for those that subscribed to this - this has now gone to the Court stage, so I have started a new thread in the Legal Forums here: http://www.consumeractiongroup.co.uk/forum/showthread.php?324673-HFO-Turnbull-Court-Action If you are able to offer any advice on this new turn of events, it would be sincerely appreciated.

History: HFO started bothering me by telephone in 2008 concerning a supposed Barclaycard debt. I Issued CCA request but did not receive anything within 14 days (cheque returned by HFO). 3 months later I received a fuzzy, unreadable copy of a pre-approved application form from Turnbull Ruth. I respond to confirm this is NOT a true copy of my agreement and has no prescribed terms, and also issue them with a Section 10 DPA notice to cease processing my data. I receive no reply... 2 years later, 2010, I receive a threatening letter from HFO Services containing a colour Google Street View image of my street as well as a print of my credit information from Experian. I respond to make clear I do not acknowledge any debt and that they are making unlawful demands for payment. A month or so later I receive a letter from Turnbull containing another unreadable copy of a pre-approved application form, and a faked Notice of Assignment Card from "Barclaycard" (wrong BC logo for date of letter; addressed to my current home, yet dated years before I actually lived there, etc.) I respond with a letter reiterating my previous points, i.e. they have been unable to provide a copy of the agreement. I request an explanation as to why they continue to process my data, and also for their official complaints procedure. I received no reply... (Edit: at some point during the above, I also reported HFO/Turnbull to TS, and also received one of the 'Silverpoint' cards through the door...) Current: 30th Sept 2011 I receive Northampton CCBC Claim Form from HFO Capital. Sum is less than £5k. On 6th October I receive a letter from Turnbull R. enclosing their Particulars of Claim and asking for me to acknowledge receipt. I submit my Acknowledgement of Service on Oct 10th. Defence is due by November 2nd. --- Firstly, I'm aware I have only a few days until my defence date and feel rather foolish for leaving this to the last minute... (unfortunately I've had a lot on my plate, not really an excuse I know). I had initially planned to defend simply saying that they had been unable to provide legal evidence to substanciate their claims, but after reading: http://www.consumeractiongroup.co.uk/forum/showthread.php?159445 I realise it is not as simple as that and I have to be very cautious as to what claims I make. Should I respond with a CPR 31.14 Request? They have already provided me what *they* suggest are the correct documents, though I dispute that they are (as per history above) and the 'agreement' is unreadable. OR, is this precisely the reason why I should ask them again for these documents? I have also not yet acknowledged receipt of their Particulars of Claims, how should I best do this? I was previously encouraged to issue Barclaycard with a SAR, which I did not get around to doing (*sheepish*) - is it too late for me to do this now?? Any advice would be gratefully received and I'm aware I haven't left myself a lot of time. Please help!

Just to add my support to the thread -- have just dropped SRA an email with my own complains against TR.

Same, SP and then four digits.

Yep, I meant to add that SAR to Barclaycard is also on my to do list.

OK, thought I'd post a quick update. I received another letter from jolly old Turnbulls containing another copy of my signed application form (as has been posted previously) along with an accusation that I am deliberately prolonging the matter. I have responded pointing out (again) that what they have provided does not conform to sections 60(1) and 61(1) of the Consumer Credit Act and is therefore unenforceable under section 127(3) of the same act. I also added: Note: They have still not provided me with an explanation as to why they are continuing to process my data after having previously issued them with a statutory notice under Section 10 of the Data Protection Act to cease processing any data in relation to the account, nor have they provided me with their officuial complaints proceedure. I appear to be stuck in a loop of them trying to convince me that the copy of the agreement confirms to the appropriate sections of the CCA, and then me replying to politely point out that it doesn't. Is there anything I can do to end this loop? Ideally, I would like to tell them that I will not respond to further correspondance as it is clear they are unable to provide the required document(s), as they have been given literally 2 years to do so! Also, still on my to do list is to report them to all the relevant bodies -- I've been wanting to make sure I do this but I've been out of the country and have a lot of work on!

Once I had "got rid" of them, it was almost 2 years before they got back in touch with the same old tricks. Haven't heard from HFO directly in a while, Turnbull Rutherford Solicitors are my new penfriends.

Here you go, scan of the card can be seen here: http://yfrog.com/7fsilverpointg (For some reason it says the image is too large to post directly in the thread) @Coledog - yes, it's all one word. I actually searched CAG for all one word and it came up with nothing, so changing it might help other people.

Just received one of these as well... Knew it would be something from HFO/Turnbull straight away, but was initially concerned that this meant they were mobilising for attempted legal action. They already have my address and send me regular envelopes full of their lies, why do they need to confirm? I'm sort of inclined to believe it's just another scare tactic. Can anyone confirm whether this is safe to ignore?

Thanks both, very helpful.

Thanks for the responses. I have not sent a SAR to Barclaycard -- if someone could direct me to a template letter, that would be much appreciated. (I did a search for one but the templates I found seemed to be taylored to claiming back charges - not sure if it needs to be a different template?). I will send Turnbull's the usual reply in the meantime, and continue to go through the process of complaining to the relevant people. If anyone else has any further advice, please fire away!

It's been over a month since my last post. I last replied to HFO stating "as stated in my previous letter dated October 23rd 2008 (please find copy attached), that this account is in default and the matter is still in dispute." and basically reiterating the points made in my previous letter. Last week I received 2 new letters, both from Turnbull Rutherford Solicitors. The first letter contained the same bad scan of my pre-approved application form as sent to me back in Oct 2008 (and seen in this post here). The second letter reads as follows: It then asks me to reply in writing and make payment for the amount due. Also enclosed is a letter on HFO headed paper saying DEFAULT NOTICE SERVED UNDER s.87(1) of the Consumer Credit Act 1974 in big red text on the top and basically saying that HFO Capital is the legal owner of the debt, and outlining the various ways in which I can pay. In addition, there is a copy of a Notice of Assignment letter supposedly from Barclaycard. This has clearly been faked -- it is not dated, has no reference number, and has no name or signature attached to it. It says "This letter is to inform you that, with effect from 6 Nov 2007, we have assigned your account to HFO Capital Limited", which would suggest that the letter had been sent before Nov 2007 HOWEVER the address at the top of my letter is my CURRENT address, and not where I lived in 2007. As well as this the Barclaycard logo at the top of the letter is the one which they changed to in 2008, and it's also pixelated as if it's simply been taken from a Google Image Search and dropped into the letter in MS Word or something... Basically, it's a laughably obvious fake. Strangely, also enclosed with the above 3 items is a poorly copied OFT information sheet suggesting I can get free help and advice from and giving the details of CAB, Financail Ombudsman Service, as well as National Debtline and other services. (OK, if you've stuck with my post this far: Thank You! I'm aware it's getting long...) Basically, are they legally in a position to issue a Default Notice "while the matter is still in dispute" (as stated in my previous letters to them)? How should I respond to this? I am slightly concerned that they may be gearing up to take court action against me and, though I am sure they do not have a legal leg to stand on, this would simply be a huge inconvenience for me. I read vjohn82's thread and while it's wonderful to see a WIN result, it actually looked like an unbelievable amount of time and effort and I wouldn't really wish that ordeal on anyone! I have already reported HFO's behaviour to Trading Standards but in previous posts I have also been advised to contact the police -- I would like to ask which police force should I direct my issue to, and also what exactly do I say? Thanks as always for your help and guidance CAG!

Keeping an eye on this thread, as it's entirely possible they try the court route with me. HFO getting desperate in their death throws? Hope so.

Thank you for the prompt responses guys. I have drafted the following: Dear Sirs, Re: HFO Case No: 50166608/IMPM8 I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY I refer to your letter dated 16 th July 2010, which I received this morning, 20 th July 2010. May I remind you that, as stated in my previous letter dated October 23 rd 2008 (please find copy attached), that this account is in default and the matter is still in dispute. Whilst the matter is in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, make any further charges to the account or pass the account to anybody else. Your letter is an unlawful demand for payment, contrary to the CCA 1974 and also constitutes an unfair and aggressive practice under the Consumer Protection from Unfair Trading Regulations 2008. I also consider enclosing a picture of my street to be an unreasonably aggressive act with the intention of psychological harassment. As you have failed to comply with my legal requests and continue to conduct yourselves in an oppressive and threatening manner, I will be taking this matter further by contacting both Trading Standards and the Office of Fair Trading, as well my local MP and the police. Yours Faithfully, If nobody has any suggestions for amendments, then I'll be sending this out tomorrow, as well as writing to TS, OFT, my MP and calling the Police. Thanks again for all the advice, I will continue to update the thread with future episodes... edit: @Broken arrow - it's HFO Services. Would I have anything to gain from contacting Barclaycard? I'm just concerned if I get them involved, it'll simply mean more letters to write/respond to.

Wow, it's been nearly 2 years since I last heard from HFO but they've reared their ugly heads once again... I've replied to my old thread to preserve the previous posts. The last letter I sent to them was as per 42man's suggestion above. On 22nd Nov 2008 - I received a call from a gentleman from HFO who was attempting to convince me to set up a payment plan and said he had a lot of influence and could help me. He asked me if he should put me down as "refusing" to set up a payment plan, and I responded that if they could satisfactorily respond to my requests for a true copy of the agreement then I would be happy to discuss a plan. He also said that I am accruing interest daily and said that HFO was a Factoring company for Barclaycard and not a DCO. I reminded him that the account was in dispute and should not legally be accruing interest. Call ended with me requesting that the caller re-read the contents of the last letter I sent, and comply with my wishes before contacting me again. I heard nothing else until 7th July 2010, when someone from HFO called me. I explained that I had previously asked to not be contacted by telephone and that I would treat any calls as harrassment. That day I also received a REMINDER - NOTICE OF ASSIGNMENT letter (dated 6th July) from HFO saying my balance was due for payment and should I act within 14 days, they may be able to negotiate a discount or freeze the interest on my account. The letter was not signed by anyone and had no individual contact details. I planned to respond but it's been a busy past couple of weeks and I have yet to do so. This morning I received a letter dated 16th July 2010 which reads as follows: Also enclosed with the letter is a full page, colour print out of my street (which appears to be taken from Google Street View or similar) and a print out of my Credit Report as taken from the Experian credit report site. Firstly, this immediately struck me as intimidation, quite literally suggesting they "know where I live" as well as threatening my wife with whom I share the mortgage for our house. My main causes for concern are: 1) That they might start hassling my wife, or that they could somehow affect her credit rating; 2) The Credit Report print out they have enclosed does appear to show a 'default' on my history dated 20th June 2010; 3) That they are continuing to charge interest at a rate of 12% despite the debt having been in dispute for well over a year; 4) They are only giving me 3 days to respond. My first thought for action would be simply to send a letter similar to my last one, providing the history of pervious communication, reminding them that the debt is in dispute and also pointing out that their letter is an unlawful demand for payment and also constitutes an unfair and aggressive practice under the Consumer Protection from Unfair Trading Regulations 2008. Does this seem like a wise course of action? Has anything changed recently with regard to my legal rights? As always, the time and assistance from CAG forumsters is much appreciated!

I've actually gone through the process of reporting HFO to Trading Standards and I know that they have been in touch with HFO regarding them harrassing me on the phone and not responding to my CCA request. Are there any templates or suggestions as to how I should respond to what they have sent me? And should I direct my response to HFO, Turnbull's or both? Cheers all!

Update: after sending off my last letter back in August, I received no further phone calls from HFO, nor did I receive any reply regarding my request for their complaints proceedure. Today I received a letter from Turnbull Rutherford Solicitors reading: Dear Sir, Re. HFO SERVICES LIMITED With reference to the above matter and your request for the copy of the signed agreement under Section 78 (6)a of the Consumer Credit Act 1974, please find enclosed the document as requested. We now look forward to your offer of payment by return to avoid any further action being taken against you. Yours faithfully, ........ The following was enclosed: This is not a bad scan, the document is actually as grainy and unreadable as this (although obviously I have blurred my details out). I can vouch that this is the form I filled in, but is this an actual copy of my agreement, and if so is it enforcable? Also, just to confirm that this was not sent to me within the required time period. Help is appreciated as always.

ScarletPimpernel that is fantastic, thank you very much indeed.

Sorry for the bump , but could anyone take a look at this for me?

OK, I received a letter from HFO yesterday with the heading NOTICE OF ADDITIONAL CHARGES AND FURTHER RECOVERY ACTION. The letter suggests I have refused to cooperate, have purposely avoided contact and that the account will be tranferred to HFO Recovery, their "specialist fraud and investigation department," unless I contact them within 72 hours. I am currently waiting to be contacted by Trading Standards, to whom I have passed my case but in the mean time I have drafted a letter in response to HFO. I would appreciate any comments or suggestions on the following: Thanks in advance for any suggestions.

Thanks 42man, I basically sent them the exact same 'telephone harrassment' letter on July 3rd, and have kept a log of all calls since. The only thing I haven't done is requested info on their complaints proceedure. Consumer Direct, in their response to me essentially said they are not legally obliged to stop calling me. Should my next step be to actually take this forward to FOS, OFCOM, Trading Standards and The Office of Fair Trading?