Can anyone help - New to this site - SCOTLAND

[wideload1888]

Hope someone can help as I am new to this site. I have a debt of £1800 that was with Barclaycard a few years ago. This was taken over by Moorcroft & an arrangement made to pay £50 per month set up in Aug 07. I paid each month & then got a strange card through the door saying that a packet was waiting to be delivered ? I checked the website & they seemed ok-First Direct Logistics- I contacted them via home number & was asked to provide a mobile number. I declined this offer as I immeadiatly smelt a rat. Its OK they said they would send the "packet" anyway ?. It arrived this morning from HFO. I had no idea who or what they wanted until I read they have now taken the debt from Barclaycard of £1779.84. According to Moorcroft they had passed the debt back to Barclaycard on 21/9/07 as it had been written off ?? Strange when I agree I owe the money its just the amount that I dont understand & to whom. As it stands I have paid Moorcroft £200 which they cant find apart from £50.Anyone got any advice as to the besy course of action. Are HFO legit ? Should I contact them direct ?

[surprise]

You need to send them a CCA letter, Letter N. General Debt letter templates. Send with a £1.00 p/o recorded delivery. You will only deal with this matter in writing only. They have 12 working days+2 to provide the agreement they are in default a further 30 days and they commit a summary offence. Do not sign any correspondence whatsoever, put a digital signature in or type in your name.

 

HFO have bought up a lot of debts from Barclaycard, Citicards, MS, just to name a few of late and I think if you read around the site by searching HFO you will find out more about them.

[wideload1888]

Thanks for that Suprise

Can you advise how I find the CCA letter template ?

Sorry but you can tell im new !!

Thanks again for your advice

[The GodMother]

they are here.

 

Creditors and DCAs - Letter Templates & Budget Planner

 

Dont sign the letter just type your name.

[The GodMother]

you have stated you paid moorcroft £200.00 how have you paid this. If it is via bank payments, cheques, postal order or payment slips/ payment books then they will be proof of this.

 

You could always check to see if the cheques were cashed or not and see what is basically going on with the money you have paid them.

 

If you need any help just shout.

 

Chrissi

[surprise]

I see Godmother has put a link up for you. Don't pay them any money until they have proved they have the right to collect this debt. I would be surprised if they are able to provide an agreement, but just in case they do, its best for you to scan it and let someone have a look at it to see whether it is enforceable. If they ring again, tell them you don't discuss financial matters on the phone and that you are recording the call. They soon hang up.

[pt2537]

Hi there

 

Just to add to what you have already been advised,

 

if they do supply you with a copy of your credit "agreement" then let us know, it may even be the case that the agreement is unenforcable.

 

there are a number of reasons why an agreement may be unenforcable so it will be an idea assuming they send the document, to post a copy on here so we can look over it,

 

obviously you would need to remove any personal details first before posting it on here,

 

if you need any help let us know

 

regards

paul

[wideload1888]

GodmotherMany thanks for your advice. I will send them the letter. I have paid 4 x £50to Moorcroft via Bank standing order. I have copies of bank staements to prove this.My concerns now would lead to Who do I pay the money too !! Up until now I was merrily paying the £50 but now I am told by Moorcroft to cancel the Bank S/O made out to them as they are not collecting. Will I not now therefore be in breach for non payment of the "debt" some some strange quirk of fate. Just my luck.Wont call you chrissi as yet !! Never had a fairy godmother too guide me !!

[wideload1888]

SupriseMany thanks for your help & advice too. Didnt think I had any chance of sorting this out until I was advised to try this forum.Great to feel welcome !!

[Bigmac versus]

A debt becomes unenforceable under the CCA if a creditor does not supply a true copy of the signed credit agreement within 12 working days of it being requested, after a further month the creditor has committed an offence. This offence can be reported to the Trading Standards Authority (in the creditors area, not your local one), or the FSA.

 

The debt remains unenforceable for as long as the creditor fails to produce the signed credit agreement – this means if they produce the agreement some months down the line, they are quite within their rights to enforce it. They do not need to take any further action to enforce the debt. A debtor cannot take any action against the creditor for failing to produce the signed credit agreement within the prescribed time, because that is up to the agencies that the offence has been reported to. Any sanctions that may be imposed are at the discretion of these agencies, and it is not a matter that the debtor can take to the civil court.

[wideload1888]

Can anyone give me some advice on an issue with HFO & an old Barclaycard debt. I got some info in November but cant seem to get the hang of this forum to get some more advice.

Wrote a letter to HFO in December & it was signed by an HFO representative on 09/01/08 via Post Office. (forgot to post it!) I enclosed the required £1 & the letter N from the templates requesting a copy of my credit agreement tht should be supplied within 14 days ? Recieved a letter today dated 30/4/08 that states "please find enclosed a copy application as requested in relation to the above account". The attached document is a photcopy of my original Barclaycard application form completed in a shopping centre in June 1995 ? The letter has asked me to contact the offices upon reciept.

[vselym]

Hi wl1888

 

Letter N certainly doesnt ask for a photocopy of an old application form ! However it may be an enforceable agreement, is there any way you could scan it in, minus personal details, and post it here ?

 

When was the last time you admitted in writing, or paid money to this alledged debt ? It may be statute barred

 

Don't contact them unless in writing with the "I do not acknlowledge any alledged debt" legend emblazened across the top of your letter

 

let us know

[wideload1888]

vselym

I have a thread to this from November but dont know how to give you the link ! Originally agreed to pa moorcroft £50 p/m in Aug 07. Paid £200 but found out that Moorcroft passed the debt back to Barclaycard also in August. Have an ongoing issue with them to locate the "missing" cash ! Anyway First Direct sent me some info wich turned out to be HFO looking for the original outstanding money of £1829.84. Was advised to snd letter n to them which was recorded in January ! I will try to scan the document but not a great computer wizkid im afraid. Its just a copy of the application I completed in the shopping centre - My deatils, bank details, home, any other cards, visa or mastercard & a signature - An application form really - No mention of consumer rights etc

[vselym]

wl1888

 

need to see if what they have sent you is an enforceable agreement so a scan would be helpful

 

original thread here

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/121928-can-anyone-help-i.html

 

perhaps they could be merged by a mod to save confusion ?

[pt2537]

threads merged

[pt2537]

wl1888

 

need to see if what they have sent you is an enforceable agreement so a scan would be helpful

 

original thread here

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/121928-can-anyone-help-i.html

 

perhaps they could be merged by a mod to save confusion ?

 

I agree, it would be extremely helpful to see what they have sent in response to your section 78 CCA request

 

many of barclays application forms are non compliant but you really need to post a copy so we can have a look and see for sure.

 

once we know the state of the documents, we can, im fairly sure , get rid of these fools as we have tons of good letters on file to use

[The GodMother]

Rite do u have a scanner?

 

If u open a photobucket account, Image hosting, free photo sharing & video sharing at Photobucket, then u will be able to post anything on this site with the help of photobucket.

[tbern123]

many of barclays application forms are non compliant but you really need to post a copy so we can have a look and see for sure.

 

Pt is right, there are numerous instances of Barclaycard not bothering to sign the agreement

[wideload1888]

Many thanks ALL for your advice. Trying to scan the document on my daughters scanner so should have copy to post later tonight. I take it that I need to omit certain details from it eg Bank details etc. Bit worried posting a document on the net - sorry. What can I leave on it that will let you see what it contains but wont or cant be used for fraud etc ? Sorry but as said before the internet & pc is all new to me. Im "old skool" im afraid. Appreciate your time & assistance though

[Michael Browne]

[/url]Scan it into your computer and open it in Paint or similar program. Edit out the personal information and save it

 

Open an a/c on Photobucket, (here: Image hosting, free photo sharing & video sharing at Photobucket ), download the file of your scan from your computer onto Photobucket and then post the link from Photobucket in your thread here.

 

See how to in post #15 here:

"How do I...?" A Dummies' Guide to this Forum

[wideload1888]

 

Think this may be a copy of the document ?

[pt2537]

oh they are really having a laugh with that

 

it doesnt matter that its not signed by then because it has no prescribed terms whatsoever in that document

 

so its completely unenforceable as that document stands

[wideload1888]

pt2537 - I am correct in thinking that the document attached sent by HFO is not what was requested via letter template N? If so what can I do know to reply to these people ? Can they still persue me for the Barclaycard debt ?

[The GodMother]

Well it clearly states Application forum on it and you request a Consumer credit agreement which is completly different.

 

I personally cant read it and if that is how it came i would argue it was unreadable/illagable.

 

Unenforcable in my eyes.

[Bigmac versus]

As it stands the debt is unenforceable, if they continue to pursue you then there are actions you can take against them for this TS for one, more likely is the scenario where you dont hear from them again.

If they pursue you again shout back in here.