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expatscot

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  1. Okay - have delved further into the matter now. Visited my mother and saw her M&S store card accounts/statements. Although that account is 'frozen' it is not in a problem state, she is paying an amount to them monthly (although may miss the odd month here or there). So had no idea what the HFO situation could be about... However, she has remembered she also had an account through M&S Financial - basically a credit card/loan provided via the stores when M&S branched out into financial services. So this doesn't relate to a store card with M&S, rather a credit card. She cant remember any of the details, and may not have any papers/statements relating to that... she also moved c.2009 which may account for some of the missing letters (or may not). All that said... HFO still didn't respond in a proper manner to the CCA information request and have provided no proof that they have 'bought' anything, or any original paperwork to show that my mother is responsible. Will still try and find details of this old M&S account via their customer services, and also get an update from the court - in due course.
  2. The phrase used was 'mental torment'. However, I am not arguing a case in court using glib phrases. Nor taking part in a formal debate. I am well versed in the nuances and use of English, although I may over-egg matters occasionally and tend to the verbose. As and when I feel the need for guidance on such matters I will be sure and let you know. Thanks.
  3. Thanks again folks... This is in limbo until I visit and collect the rest of the paperwork. As to the 'I am not quite sure its harassment' - well, yes, quite - I don't need a lesson in either English or pedantry. There is limited space in a thread title bar and somethings get the message across better than others, a bit like advertising. Besides, she was losing sleep and getting in a bit of a state over it... would the phrase 'mental torment' have suited better? Yes I did notice the unusual form of the letter. I wondered if it had, perhaps, been put together by an intern or a child on 'Bring a Child To Work Day'.. but if HFO have an Indian 'outfit', then that explains it.
  4. Actually, now that I have the required posts... here is the (redacted) scan of the reply that HFO sent in response to the CCA request...
  5. Thanks for that... just going to let things lie over the weekend. Visiting her on Monday and will get the info and sort out the Data Protection Clearance so I can speak to the people directly.
  6. Exactly... Anyhow - in response to this and other posts... Spoke to my mum today and she has looked out the letters/statements from M&S. Didn't get exact dates/figures but she said the amount due then was below £2000, and that the last time she made the regular, monthly, minimum payment to maintain the account was late in 2010, and she spoke to M&S customer accounts around the same time. I have asked her to call them to find out what the current situation is but not to agree, commit or acknowledge anything... just want dates, amount and who the debt has gone to (if it has)... ....because at the moment either HFO have made a mistake... or they are picking random facts/figures out of the air... or a bit of both. I will be visiting her in person early next week so will be able to see the paper/statements and get on the phone myself then..
  7. Yes... I see your point. Although I cant be totally sure as I am a midway point along an information stream and not party to the full facts of either end. But I wouldn't have thought the relatively short period of my mothers defaulting/payment problems was long enough, or severe enough, for M&S to have sold it on and things to have accelerated to this point.
  8. Thanks for the input thus far... Before I get involved in other things tomorrow I will endeavour to have my mum make tentative enquiries to the Court and M&S Account services... In this day of the Data Protection Act they never speak to anyone other than the account holder/person named (there is nothing official, on record saying I am dealing with her account problem, or acting on her behalf). Will let you all know as and when I learn anything further.
  9. In the interim... was able to get some more info from my mother and compare it to what HFO allege.. They are claiming over £4000 (without an ounce of proof)... but the original M&S account had a max limit of £2,000 and she wasnt at/over that.. - so they have added on about £2k worth of fees. They claim the account was defaulted on in early 2008... this is crap, I have taken her to M&S within the last year and she has used her card to buy things... She doesnt know without consulting her old files, but I would guesstimate the last regular payment she made to M&S was maybe 8 months ago. At this point she would have started to default - as things mounted up and living costs rose and M&S did write to her to tell her the account was closed/frozen. Ironically she had sent them (M&S) a payment of £100 back in April, just before the original court papers were delivered to her... she was unware of the debt being sold and so still sent that £100 to M&S. So it seems they (HFO) are just picking facts and figures from out of the air and hoping people pay up...
  10. She doesn't live in Scotland anymore.... and hasn't for years. She probably did when the initial store card account was opened with M&S... but she has lived down in England for the last 12 years or so. I will try to call the court before close of play today, or first thing tomorrow morning. I will also speak to her about the account... HFO are alleging £4,000+ in their reply to my CCA request... but I cannot see how she ran up that on an M&S store card... she is far from a shopaholic. Of course their reply was a really scrappy note - quick typed letter, couple of paragraphs - just saying they bought the M&S card debt, saying they want the money and that - doesn't break it down any further than saying it is incurring active interest at 12% PA.
  11. Briefly, yes... that is about the height of it.... It would seem - more by accident than applied thought - the whole claim was disputed because a) time was almost up to reply, and b) at that point my mother had no idea who HFO were... she had never heard of them. Thought it may have been an identity mix or glitch of some sort... Yes, it is Northampton... I guess that is one they frequently use because it made no sense going on their address, or my mothers location. I will be trying to get some clarification from the court.. if I dont manage it today.. then tomorrow.
  12. Okay.. I dont have all the papers (some must still be with her)... Around 15th April my mother received a Claim form from County Court... showing that HFO was claiming monies due. She sat on it for a while - worrying.. by the time had told me, and sent papers to me.. it was almost out of the 14 days the court gave for a resonse. The options given on the court form were - Do nothing: this could mean judgement went against her unopposed. - Accept the Claim and pay it ll (not likely) - Agree with the claim but want time to pay - contact HFO direct and come to terms (difficult as she had no idea who HFO were or what this was about). - Dispute claim - send in attached form citing initial grounds (at this point in time this was the fact that my mother hadnt the foggiest who HFO were, and what this was about.). The court received the papers on/around 3rd May. Hindsight is nagging me that this particular bit could have been handled better - but it was a rush to sort this (over distance) and get some reply to the court within the 14 days the court stipulated. Was under the impression that this was just an opening gambit... to simply to 'get something in' before the 14 days expired. At this time the CCA request - using the standard template from this site was sent to HFO direct, recorded delivery - NOT the Turnbull Rutherford address. Yesterday I got round to turning my attention to this again (I have a world of my own crap to deal with).... My mother had forwarded to me the reply she had from HFO in relation to the CCA request... (it is, I hope) attached below... Their 14 days to fully reply to the HFO request were up... so I sent copies of everything relevant to the court. (Which was just within 28 days of their acknowledgement of receipt of the original, short defence form). Through devoting a bit more time to this and reading further I see matters with/to the court may not have been handled as well as they might... but the fact remains HFO have produced a laughable 'note. in reply to the CCA, as proof of the alleged debt. Ok, seems I cant post links... so no means to show the (redacted) reply to the CCA.
  13. Thanks for the comments so far... Will just grab the paperwork - she sends it all on to me.... and then fill in the missing blanks here in a bit.
  14. The original form/notification from the county court (where HFO were seeking to get CCJ) gave a number of options... doing nothing didnt seem wise as it seemed that would make things even easier for HFO, possibly just granting the CCJ uncontested. The option that seemed best was to respond- to the court - acknowledging receipt of the court papers... This was done using the pre-supplied form - entitled defence. At that time the basis was, essentially, that my mother had never heard of HFO and was unaware of any dealings with them at all. That initial reply/acknowledgement to the court had to be made within 14 days of her receiving the paperwork. Only other notification to the court has been adding the fact of HFO's lack of proper response to the CCA request.
  15. I wont get too bogged down in the details but a few years ago my mother was able to run up some card debt... although I think the store card and credit companies should be ashamed of the madness that allowed them to clear her (only income from pension) to run up such sums.... Anyhow... out of the blue, 14th May, my mum (mid-80's - age wise) received a notification from a County Court... HFO were applying for a CCJ against her in respect of a debt. She had never heard of HFO and had no idea what this related too... but being advanced in years was instantly worried sick about people marching in and taking her furniture etc. Using this site I - on her behalf basically - responded to the court, using the defence sheet & outlining that she hadn't heard of HFO, was unaware of this etc. That was done within the 14 days allowed by the court. A day or so later I sent - on her behalf (nothing was being signed anyway) a CCA request to HFO Capital by recorded delivery. This was received by HFO and I have saved/copied the proof of receipt. Within the 14 days of that they have not produced any valid documentation, of any sort - merely a short note to the effect that they bought the debt amount from Marks and Spencers (store card) and stated that my mother is due them £X amount. I have since sent copies of the CCA request letter, proof that it was delivered/received and detailed the lack of response - and sent this on to the court for their file regarding this matter.. suggesting that as there is no proof of any agreement, and thus any debt - the whole thing be dropped. (This was only sent yesterday) That's it in a nutshell... my question now is - what next? Is there anything else that could or should be done meantime, or is it a matter of waiting to hear back from the court, or some further groundless threats from HFO. Obviously this isn't doing my mothers health any good... despite me telling her matters are in hand and her door isnt going to be broken down..she isnt sleeping well etc.
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