HFO Services - help needed

[stan5131]

This was due to unscrupulous sales staff earning an extra £1 for each ticked box. They could earn an extra £50 a DAY for this. When the complaints came flooding in, Barclays made it mandatory that the customers initialled all ticked boxes to confirm they had requested it.

[sharondogf]

WOW, to be honest I am not sure where I completed the form, but it could very well be I had the form sent through the post

[sharondogf]

what really p***** me off about all this is that when I defaulted Barclaycard telephoned me quite a lot demanding payment, every offer I made was refused because at the time we were having financial difficulties and I made an offer that I could realistically afford, this was never enough for them, in the end they said they would be passing it to a DCA, so I told them to go ahead as they weren't prepared to accept anything, so that's why I'm here. I am determined to fight this all the way now though, everyones advice and encouragement is helping a lot. Thank you.

[sharondogf]

Right, I have now devised my letter, Dave I have used bits from both your letters, I thought I would put it on here before I send to them in case there are any points that I have either missed or should not include.

 

Thanks all x

 

Dear Sirs,

 

Thank you for your recent letter sent to me dated 13th December 2007, the contents of which are noted. However, the reply received by me does not fulfil your requirements under the Consumer Credit Act 1974.

The Act demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above account. I may ask for this on demand providing that a fee of £1.00 is paid. This fee was sent with my original letter, dated 3rd November 2007. Upon receipt of the original request the specified account legally entered into disputed status.

 

Having taken legal advice I am aware that the copy of the original application form that you have sent me does not contain any of the prescribed terms set out by the Consumer Credit Act 1974 and is completely unenforceable and has been so since the date that you purchased this account from Barclaycard, and therefore, as ignorance of the law is seen as no excuse, you are trying to collect upon an unenforceable credit agreement and thus trying to collect payments by deception which is a serious criminal offence that could bring into question your fitness to hold a Consumer Credit Licence

 

As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This means that unless you can produce such an agreement, this alleged debt is not enforceable in lawYou had until 2nd December 2007 to provide me with the true copy I requested. After that date you entered into default of my request. Whilst the account is in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you.

 

Therefore you have 7 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint, otherwise your conduct will be reported to the Office of Fair Trading, the Financial Ombudsman and Trading Standards.

 

In closing, I might add that should you consider legal action in this matter, I am more than capable of defending such a claim and more so to making a counterclaim for the reasons set out above. Should a successful Counterclaim Judgment be entered you would be subject to additional costs.

 

Should you not have any signed credit agreement or other documents requested in relation to this alleged debt, please confirm this in writing to me

 

I would appreciate your due diligence in this matter.

 

I look forward to your reply.

 

Yours faithfully

[sharondogf]

oops a bit of garbage there!!!

[diskmandave]

Looks good..

 

Can you edit out that HTML though, it doesn't work on the forum and makes your post look untidy!

 

Just click the edit button at the bottom right and a text editor will appear!!

 

Regards, Dave.

[sharondogf]

Will keep you all updated on a response to my letter that is off 1st class tomorrow.

 

Having a well earned rest over Xmas. At least we can all rest assured not much is going to happen over the next few days or so!!!

 

Oh by the way I have a lot of dealings with the Courts due to my job so I know their timescales on things if anyone wants any info!!!

 

Merry Christmas to you all xx

[diskmandave]

Will keep you all updated on a response to my letter that is off 1st class tomorrow.

Don't forget to get a stamped certificate of posting, there's no charge for this.

 

Merry Christmas, have a well earned break! - Dave.

[sharondogf]

Have just received this letter from HFO's Solicitors. What do I do now? The Debt has increased as well!!

 

[pt2537]

yeah right ok then, they will get a charging order and an attachment of earnings...........................................................................................

 

 

 

 

if the court ignores the consumer credit act, Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553),the House of Lords rulings in wilson -v- FCT and Wilson and hurstranger

 

basically, NO CHANCE IF THEY ARE RELYING ON THAT APPLICATION FORM

[Curlyben]

Throw this at them

 

Account In Dispute

 

Dear Sir/Madam,

 

Your Ref : xxxxx

 

Your Client : XXXX

 

I refer to your letter of xx/xx/2007, which was received today.

 

Frankly, I am surprised of the need to remind a firm of solicitors about the terms and conditions surrounding my Consumer Credit Agreement request (Consumer Credit Act, 1974); received by XX DCA XX on xx/xx. I can only assume therefore that they failed to inform you.

 

Should your client now persist with threats of legal action as stated in your letter, I will welcome the opportunity for a judge to look at several offences committed by XXX DCA XX under The Consumer Credit Act, 1974, as well as your client’s non-compliance with and total disregard for the law on this occasion.

 

Yours faithfully,

[pt2537]

And Just to add, DONT TAKE THEM UP ON THE OFFER TO CALL THEM, they will try to get you to agree to payments which you probably wont be able to comfortably afford and they will try possibly to bamboozle you with legal jargon

[sharondogf]

nice letter, will get that sent off asap, thanks

[Docman]

Watch out though. HFO just ignore the fact of non-compliance with the CCA. They file a claim (N1) at their local county court, ignore requests for documentation and hope you don't file a defence early. They then go for a judgment by default on day 29.

They had been using Wandsworth County Court, which I think covers the address for their solicitors, Turnballs and Ratchet, but a recent post indicated their had moved on to use Croydon county court, presumably because HFO's registered office is in Croydon.

[sharondogf]

Is there anything else I should be starting now apart from sending the Solicitors a letter

[diskmandave]

I think you'll find the letters have crossed over in the post, they're all automatic generated anyway.

 

Just send the letter that Ben suggested and make sure it goes by first class signed for or next day delivery if funds will stretch.

 

Regards, Dave.

[patrickq1]

a reply from my recent complaint against HFO CAPITAL LIMITED who do not exist as a legal ltd company .....

so at least they are being looked at

Thank you for your email to the Office of Fair Trading.

This is an automatic acknowledgement.

We will respond to standard enquiries within 10 working days. For requests for information under the Freedom of Information Act, we will respond to you within the statutory limit of 20 working days.

We cannot give advice to consumers about individual disputes with traders. If you need advice about your consumer rights, please contact Consumer Direct or Citizens Advice. Consumer Direct is a phone and online advice and information service for consumers in Great Britain. Contact Consumer Direct at 08454 04 05 06 or www.consumerdirect.gov.uk.

 

 

Please Note:

The OFT is in the process of implementing a new Consumer Credit Licensing IT system and there are currently delays with the processing of licence applications. A consequence of these delays is that we are receiving a large increase in the volume of telephone and e-mail enquiries to our Licensing Enquiries Team. Whilst every effort is being made to respond to these enquiries as soon as possible, we regret that some delays are likely to occur. Please accept our sincere apologies for any inconvenience this may cause.

[patrickq1]

this is my last letter to GOLDFISH/MORGAN STANLEY HFO AND TURNBULLS.........

 

FOR THE ATTENTION OF

MORGAN STANLEY

REF :evil:xxxxxxxxxxxxxxx

in conection with

REF:evil:xxxxxxxxx

 

 

 

 

 

MORGAN STANLEY

&

HFO CAPITAL LIMITED

YOU ARE NOW JOINTLEY TO BE HELD RESPONSIBLE FOR THE DUE BREACH OF THE CCA 12+30 DAYS

BOTH MORGAN STANLEY AND HFO FAILURE TO COMPLY

YOU NOW HAVE A FURTHER 10 MORE DAYS TO RESPOND FAILURE SHALL RESULT IN A SECOND REPORT TO THE RELEVENT AUTHORITIES,WE HAVE ALREADY MADE OUR COMPLAINT HOLDING

MORGAN STANLEY

LEGALY RESPONSIBLE FOR THE ACTIONS OF HFO CAPITAL LIMITED

SINCE WE HAVE BEEN CONSTANTLY HARRASSED BY THE NAMED COMPANY HFO AND AFTER WE HAD NOTIFIED YOU OF THIS COMPANIES ACTIONS YOU HAVE STILL SEEN FIT TO USE THE NAMED COMPANY HFO

 

 

 

[]s.77(4]

]If the creditor under an agreement fails to comply with subsection (1

he is not entitled, while the default continues, to enforce the agreement; and

b) if the default continues for one month he commits an offence

 

s.78(6

If the creditor under an agreement fails to comply with subsection (1

a) he is not entitled, while the default continues, to enforce the agreement; and

b) if the default continues for one month he commits an offence

[patrickq1]

just not enough people complaining about hfo as this letter i got today explains

 

Consumer Credit Act 1974 ('The Act')

Complaint Against: HFO Services Limited

Licence No: 555914

 

Thank you for your email received on 17 December 2007, regarding the problems you have been experiencing with the above trader.

 

We are always interested to receive complaints such as yours as they are a vital source of information in helping us to investigate the behaviour of traders that hold consumer credit licences. The trader you have complained about does hold a consumer credit licence.

 

If a business wishes to be involved in activities relating to consumer credit or hire, including debt collection, they must have a consumer credit licence. The Office of Fair Trading (OFT) has a duty to monitor the fitness of all traders that hold a consumer credit licence. In considering fitness, we take into account whether a business has engaged in unfair business practices. This includes any evidence that traders have not complied with any guidance issued by the OFT. The OFT has, for example, issued guidance to consumer credit licence holders engaged in the debt collection industry. The guidance sets out minimum standards that we expect of debt collection traders, consistent with fitness to hold a consumer credit licence. The guidance is intended to ensure that debt collectors treat debtors fairly. Non-compliance with this guidance will call into question the fitness of licence holders and applicants.

 

We investigate all complaints received about consumer credit licence holders and, where we have the necessary evidence, we do take appropriate action. In our initial investigation of all complaints we consider how many complaints we have received overall and how strong the evidence is to support any action. It is unlikely that a licence would be revoked on the strength of one complaint. Where we have strong evidence that unfair business practices have occurred, we may take steps to revoke or refuse the licence of the business in question. However, if we are to do this we need to take account of factors such as the number of complaints received how recent they are and how well evidenced. In cases where evidence is less strong we may issue a warning letter to the business putting it on notice that its behaviour, if repeated, will call their fitness to hold a licence into question. Any action we do take has to be proportionate. If an approach from the OFT makes a trader change its behaviour and treat consumers fairly in future, this is preferable to putting a trader out of business.

 

If we do take any licensing action against this trader it is likely that we would need to disclose your identity to this trader along with details of your complaint. I should therefore be grateful if you would provide me with written authorisation to disclose these details to the trader. I have enclosed a disclosure consent form for you to sign and return to me.

 

We have noted the details of your complaint, to consider alongside any other complaints we have received with a view to any licensing action we may decide to take. We may therefore contact you again if we require further information. Meanwhile, given that the sanction of licence refusal or revocation is such a significant one there are constraints built into the process for taking such action. For example, because of restrictions in Part 9 of the Enterprise Act 2002 relating to disclosure of information, we cannot disclose specific details about any action we may take, nor comment on any adverse information we hold on individual licence holders.

 

Unfortunately the OFT has no power to intervene in individual disputes, and therefore we are unable to assist you directly in this matter. However, you will be able to obtain practical advice by contacting Consumer Direct either by telephone (08454 04 05 06) or online at www.consumerdirect.gov.uk.

 

Consumer Direct is the first point of call for consumers, providing first tier advice on a range of consumer matters, including advice on shopping, information on consumer rights and practical guidance on individual problems and how to gain redress. Where further help is needed, such as specialist advice, face-to-face assistance, or intervention, Consumer Direct refers consumers to another agency, such as Trading Standards Service, that is best placed to assist.

 

Furthermore, the Financial Ombudsman Service ('FoS') can help with most complaints about consumer-credit products and services if the consumer has failed to satisfactorily resolve the matter directly with the financial institution itself. The FoS can be contacted at:-

 

The Financial Ombudsman Service

South Quay Plaza

183 Marsh Wall

London E14 9SR

Tel: - 0845 080 1800

 

www.financial-ombudsman.org.uk

 

I have also enclosed details of organisations which may be able to assist you. Thank you again for writing to us and bringing this matter to our attention.

 

Yours sincerely

 

 

Miss Jo Kwok

Enquiries and Preliminary Investigations Centre

Markets and Projects

Permission To Disclose Complaint

 

Consumer Credit Act 1974 ('the Act')

Complaint Against: HFO Services Limited

Licence No: 555914

 

Reference: Epic/Enq/E/22497

 

*Please delete as appropriate

 

I give/do not give* my consent for the Office of Fair Trading (OFT) to disclose details of my complaint concerning the above trader, including my name and address details, in any further action that it may take under the Act or under any other legislation administered by the OFT.

 

I also confirm that I have no objections/object* to the OFT using the information provided by me in the performance of any of its functions and disclosing that information to others where legally permissible. By way of example, the OFT may disclose such information in connection with enforcement or regulatory action under its own powers or may refer the information to another government department or enforcement authority.

 

Signed: ………………………………………………………………… ……………………

 

Print name: ………………………………………………………………… ……………..

 

Address (Please print): ………………………………………………………………… …

………………………………………………………………… ………………….

………………………………………………………………… ………………….

………………………………………………………………… ………………….

………………………………………………………………… ………………….

Date: ………………………………………………………………… ……………..

 

Please note the OFT can only use your details in any action we may take against the above trader if you give your written permission for us to do so.

 

 

 

 

Additional contact details

 

In the event of the OFT needing to contact you for further information, it would be helpful if you could provide the following contact details. Please note these further details will not be disclosed to the trader.

 

Telephone number: (Home)……………………………(Mobile) ……………………….

 

Preferred time of contact by telephone: ……………………………………………….

 

E-mail address: ………………………………………………………………… …………..

[sharondogf]

I have today received a phone call from a lady stating she is from Tunbull Rutherford Solicitors, she very much sounded like the same lady I have spoken to from HFO Services!!

 

She said that this was a courtesy call informing me that a letter has been sent to me today for a Court date to have a charging order put on the house. I said to her that I had sent a letter dated 27th December to Turnbull Rutherford and to HFO services about their non compliance to my request. The letter she referred to was the one addressed to HFO dated 27th December!! She claims that the "agreement" (application form) is the required legal document and that this is all is required, the debt by the way has gone up again.

 

Any advice on what to do next please or shall I just sit it out and wait for the supposed court date?

[Docman]

Well, they would have had to have already taken you to court, overcome the little matter of non-compliance with the Consumer Credit Act, and then obtained judgment for the full amount BEFORE they could go to court to get a date for a charging order.

In short, the lady (?) from Turn'em and Ratchet is being (in that infamous phrase) ‘economical with the truth' to say the least. It's just the type of behaviour we have come to expect from this bunch of toe rags.

Next time she rings from T&R, complain to the Law Society - and tell her what you are doing.

[sharondogf]

I will see what letter I receive from them then!

 

Is there anything I should now put in place as they haven't complied with my requests, the first being on the 3rd November, then my letter of the 27th December. Should I be taking any action (very confused by all this!!), with regard to their non compliance?

[sharondogf]

I have been giving this some thought again.

 

This lady from T&R said that she has sent a letter to me today with a Court date. I work in an establishment that do take people to Court and I know that the Court procedure requires you to apply to the Court first by application, the Court then send the forms to the Debtor and the Debtor then either agrees or disagrees with the claim, it is then heard at your local County Court if you disagree.

 

Surely they can't automatically apply for a Charging Order until the Court has granted a CCJ (please correct me if I am wrong)

 

As I am approx 300+ miles away from them then they are really p*****g in the wind. What that lady has said is a load of B*******. Bet they won't travel down here for the hearing, unless they have representatives for the areas

 

I really feel better now!!!

 

Will scan the letter that I am supposed to receive regarding Court date for all to see

 

Thanks X

[Docman]

You are quite correct but it doesn't stop HFO trying and causing misery all round.

They seem to start by issuing proceedings in either the Wandsworth County Court (in whose area T&R are based) or more recently in Croydon County Court which covers the area of their registered office. They don't seem to use the internet through Northampton.

Once their claim form (N1) is issued by the court, you have 28 days to file a defence. HFO rush in on day 29 and ask for judgment by default, banking on the over worked Court may not have had time to keep records up to date. The court grants judgement automatically and then HFO move in to enforce. The only answer is not to give HFO any leeway.

[sharondogf]

I appreciate that this has been covered at some point during the threads on HFO Services but thought I would point out the following I have researched on the Consumer Credit Act:-

 

2.2. Examples of Unfair Practices

(e) Failing to provide debtors with information on status of debt - for example, not providing requested balance statements when reasonably requested.

 

2.6. Physical/psychological harrassment

(f). Pressurising debtors to pay in full in unreasonably large instalments or to increase payments when they are unable to do so.

 

(h). Ignoring and/or disregarding claims that have been settled or are disputed and continuing to make unjustified demands for payment.

 

2.8. Deceptive and/or unfair methods

(i). failing to investigate and/or provide details as appropriate when a debt is queried or disputed.

 

(k). Not ceasing collection activity whilst investigating a reasonably queried or disputed debt.

 

 

I am at the ready for HFO Services and T&R with the above in my defence!!

 

Also, I have been pressurised by this DCA/Solicitors to believe that they are able to get a Charging Order immediately, but on my search of the HMSO Website the following applies:-

 

Charging Order

A Charging Order can only be applied for after a judgement has been obtained. A charging order will not be made unless the judgement debtor:-

 

* has failed to pay the amount of judgement.

 

* has failed to pay one or more of the instalments due under the terms of the judgement.

 

These people are the pits to say the least.

 

Whilst writing this, post has just dropped through the door and lo and behold a letter from T&R, will scan and post shortly for all to see