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bewilderment

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  1. Yes this information contains full name, address, contact number, financial details (include bank name and last 8 digits of debit card) and drivers license details. This will be reported to the relevant authorities.
  2. Having briefly looked up payment under duress I think he may have a case. The original solicitors letter says he has entered into a legally binding contract with their client (HFO) and as such has acknowledged the debt and waived any right to legal action. This letter was the first correspondance he recieved and at that time had no knowledge of who HFO are let alone entering into a contract with them. He has informed me that it was after recieving the initial solicitors letter that he contacted HFO and agreed to pay them £50 a month, thinking that he had no choice. What is strange is that he recieved the letter in Nov 2008 and responded in Nov 2008 (he wrote a note of this on the letter) yet the DD agreement letter is dated Oct 09.
  3. It wont be statute barred, turns out the bloody muppet paid them 100/150quid due to not cancelling the DD they set up before 2 or 3 payments had been made (he cant remember exactly how many) so the time limit will have been restarted :-|
  4. thanks for replying. dx the last transaction was in 2004. I think that letter is just the kind of thing he needs to send to see if they have their house in order (which I doubt). I'll get him to try that, thanks HS
  5. Haha, I noticed that HFO was a popular subject on here. Further searching on the web seems to throw up similar opinions about their methods.
  6. I am writing this on behalf of my father and would appreciate any feedback and answers to my queries. Here is a detailed history of the correspondance, please bear with me: He recieved a letter in Oct 2008 from Turnbull Rutherford Solicitors claiming to be acting on behalf of HFO Services (I have since found out these companies are linked) with an outstanding account of over £1,000. He ignored this letter having never had a debt with HFO. HFO contacted him by phone and told him they were collecting on behalf of Monument for a credit card he had. At no point has either Monument, Barclays (monuments holding company at the time) or HFO informed him in writing that the debt from Monument was purchased by HFO. First question - Is that legal? should they have informed him of this or not? About a year later after phone harrassing he agreed to pay £50 a month DD (over the phone), they sent a letter in Oct 2009 detailing the direct debit with a direct debit agreement attached, he did not sign the agreement but the letter does state that he doesnt have to take any action and the DD will go ahead. What is strange is that in this DD agreement letter the debt has decreased from over £1000 to £662 before any payments have been made. Sensing this was a bit suspicious he spoke with the Citizens Advice Buereau who gave him a template letter asking for a copy of the creditor agreement under the Consumer Credit Act 1974 within 12 days. This was sent to HFO 10th November 2009. They responded over the 12 day period on 3rd December 2009, however they only provided copies of 5 statements of the credit card and not the CCA. The letter states: "Please find attached copy statements that we have recieved from Monument. As soon as we have recieved the rest of the documentation this will be sent to you." Again is this legal? I have read in many places regarding this 12 day rule for CCA requests but am unsure what it actually means. If they dont respond within 12 days does this make the claim unenforceable or does it only make any further interest charges on the debt unenforceable? He finally recieved a CCA dated 10th May 2010, however this does not appear to be complete. Firstly they have only sent the application for credit to Monument. This does not detail the full terms and conditions and the interest rate for the card. Secondly they have seriously breached the Data Protection Act by sending him the wrong application form from someone who applied to monument a year later than he did. To clarify they have sent two pages - one is an application for someone else detailing their address and bank details the second is a 'Rapid reply card' (not a full application) detailing his name and address and asking for him to complete the following details on employment, income, contact number and to sign a credit agreement declaration. The declaration states 'I am applying for a Visa credit card issued by Barclays Bank PLC, I have read and agreed to be bound by the Terms and Conditions...etc' There are no comprehensive terms and conditions attached. Does this make the CCA unenforceable? He then recieved a letter dated 8 days later (18th May 2010) from HFO claiming to be a final settlement and closure notice informing him his debt now owing £670 will be charged at %12 interest per annum, he ignored this. He has now recieved a letter in Aug 2010 claiming to be a 72 hour notice of litigation. He says he doesnt mind going to court as he can bring up the several failings in the debt collecting procedure - Firstly he wasnt informed of the debt being sold, he has since spoken to Monument and Barclays who have no record of him. Secondly the CCA wasn't provided in adequate time and containing the correct information. Thirdly HFO Services have breached DPA by sending out information on another applicant. I would appreciate any feedback on this matter as to whether we can expect to get this debt written off or not and how to approach the issue. Thanks for your time. Chris.
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