HFO Services Limited and barclaycard debt

[UK26]

Hi guys

 

 

Just wanted some advice to a somewhat difficult case I am in with HFO Services Limited.

 

 

its alleged i took a Barclaycard in May 2004 with a credit limit of £1500

 

Allegedly in March 2006 Barclays sold the debt to HFO Services Limited.

 

I then started getting phone calls from HFO Services, treating me etc

 

So I reported this to the Police of which I made a charge of harassment against HFO Services Limited.

 

Surrey Police have confirmed, Police Officers attended upon the registered address that of HFO Services Limited regarding my complaint, the police carried out a full investigation and the outcome was; the offending employee of the HFO Services was given under the Harassment Act, A Warning.

The offender was also warned not to continue harassing me or the offender would be charged.

 

Due to this, I refused any communications with HFO Services Limited.

 

 

 

May 11 June 2007 HFO Services passed out the debt to there Solicitors to take legal action.

 

A N1 Claim form was issued but to a previous address and the court sent the solicitor a letter saying “The Claim forms listed below have been returned by the post office and the claim was marked as (Non-Service)

 

 

The Solicitor did a credit search and found my new address which then crossed out the incorrect address on the N1 Claim from and pencilled in the new address and sent it to me. Of which I filed a defence and returned to the court.

 

 

The court did not update the address details as per the N1 Claim form and still had a previous address.

 

Due to this I did not receive any letters from the court informing me of when I needed to attend court. Nor did the Solicitor of HFO Services inform me.

 

So I found out recently I had missed the court hearing due to not being informed and the solicitor got judgement against me.

 

I put in a complaint to the Court and also completed a N244 application to have the judgement set-aside.

 

Since doing this, I have also issued to HFO Services Limited a Section 78 of the Consumer Credit Act 1974 requesting a true and signed copy of the alleged agreement

Along with a full statement of the account which includes all charges made to the account.

 

I have written to Surrey Police requesting the report of the Investigation into HFO Services and plain to use this in court against HFO Services.

 

What do you guys think to this? Do I have a chance?

Edited October 20, 2008 by UK26

[UK26]

Just wanted to add

 

I have now keep the court informed about any letters i send to HFO Services under this Section 78 Request

 

If HFO Services fail to deliver after 12 days, the debt becomes disputed and after 30 days becomes a criminal offence.

 

 

I also sent a Subject Access request

 

Original Credit Limit £1500

 

Amount Claimed at Court

 

Principal Debt: £1751.51

Interest £582.78

Court Fees £110

Solicitor Fee £70.00

 

Total £2414.29

I have informed a BBC Producer and with the hope to go public with this

[patrickq1]

hi ben welcome to cag,,,

lets see their are plenty of us on here who are going for HFO

FIRSTLY YOUR S.A.R - (Subject Access Request) SHOULD BE WITH BARCLAYS ,UNLESS the debt has been sold,

the 585 looks like a charge added by HFO which isnt legal

secondly i am unsure wether the court fees are correct either i will get one of the mods to check for you

3rd,the BBC watchdog are investigating this company i will give you the address soon on this and who to contact

4th..the OFT are looking at this company as well as the Information Commissioners Office

4th dont worry too much can you post your contract and when did you first take out the contract also leave all personal details off

turnbull and ruthers are [edited],they are all part of the same mob as hfo same address same office and same staff,[edited]

i will pass some info on HFO with their history of the directors as far back as 1993

they also [edited] for a debt they owed to him we are awaiting his post of the circumstances

CCA HFO this is if they do not own the debt

which court did they use croydon or wandsworth,as both court managers [edited] (off the record of course)

its more likely they are trying to do it all in southhampton

when you next here from them concerning your case get it transfered to your own district

and lastly dont worry it seems like you are on top of it all

patrickq1

well done with the police by the way you did right also record anything when they contact you but if you dont want to speak with them then just play some pink floyd they love that lol

[rory32]

Thread moved to Debt Collection Forum.

[UK26]

Hi

 

(1) The N1 Was sent from croydon and transfered to Peterborough

 

I am trying my best to win this case, but am worried as missing out key points witch make the case stronger.

 

I think i have done all i can at the moment.

 

I need to wait for info from HFO and the Police then build a Statement which i will in return submit to the court as evidence.

 

Image of Document Removed due to identity issues

 

 

 

[01-09-2008 - Document reposted to make better reading of case file

 

 

Regards

 

Dave

Edited September 1, 2008 by UK26

[EXPOSED]

HFO EXPOSED!!!!!!!!!

 

Hi people no hard feeling but i worked for the company for 6months+ last year... Im happy to expose what is really going on in that place and make it public.

 

If you guys are interested let me know, i have bags & bags of dirt on them.

 

EXPOSED!!!!!

[UK26]

Please please, give us some fun.....I need to win my court case

[rory32]

Im happy to expose what is really going on in that place and make it public.

 

I would at this point remind you of the forum rules. Any potentially libelious comments will be removed.

[renegotiation]

HFO EXPOSED!!!!!!!!!

 

Hi people no hard feeling but i worked for the company for 6months+ last year... Im happy to expose what is really going on in that place and make it public.

 

If you guys are interested let me know, i have bags & bags of dirt on them.

 

EXPOSED!!!!!

 

Present it all to a mod first and if ok then post it up!

[sillygirl1]

HFO [edited], and are now in trouble because they want to farm their call centre out to India... the local council (Merton) aren't happy about this and are trying to block it but I don't think they can do much other than ask that their credit licence not be renewed.

[UK26]

Just received a letter from Turnbull Rutherford Solicitors

 

saying they have seen this topic on this site and i have no valid defence

 

what about

 

(1) No Default Notice

(2) Harassment

(3) providing documents, which look incorrect / Fake

(4) Faliling to provide agreement and statement of account as per CCA 1974 which i have now issued a default notice.

 

Going to send them another letter i think, outling the case.

[sillygirl1]

I tink a complaint to the solicotors lot is in order.This is definately intimidation.

[Wiganer]

My work colleague is having serious trouble with these people, the same very rude gentleman in particular.

 

Her case is now in the hands of the police after she called them to get a crime reference number in order to allow her mum to get her telephone number changed for free. The police rang her back and said what they are doing is an actual crime and she's had to go in with all the dodgy letters and e-mails they've sent and make a statement.

 

Today things took a turn for the worse. He somehow found out where she works and called our switchboard 8 times in 10 minutes and then turned quite aggressive when we told him she wasn't allowed personal calls in work and we wouldn't transfer him (this is AFTER he recieved an official caution from the police) She had to go in again tonight and make another statement.

 

This company is a [edited].

[patrickq1]

hi wiganer welcome to cag

you need to make a full report to the information commissioners office and also to the trading standards,when you make your report within it should be a question as to their fitnss to trade and to hold a consumer credit licence,also you need to S.A.R - (Subject Access Request) the company who the debt was with in the first place and secondly you need to cca hfo ,THEY ARE [edited] WHO ARE IN THIS COMPANY AND THEY ARE ALREADY [edited]

 

dont worry you are in good hands on this forum any future calls from HFO you need to record all their calls for future use also a letter of harrassment should be sent imediatly to HFO You can also get an injunction (restraining order) under s5 of the Protection from Harrassment Act 1997 also a complaint to the FSA and FOS about this companies conduct m

patrickq1

i have pasted some letters to use below hope this helps

also do not use your signature your name print it instead

 

S.A.R - (Subject Access Request) LETTER

[your address]

 

 

[their address]

 

[DATE]

 

 

 

Data Protection Act 1998

Subject Access Request

 

 

 

Dear Sir/Madam

 

ACCOUNT NUMBER: xxxxxxxxx (or multiple numbers if more than one account)

 

Please supply me with a complete list of transactions and charges relating to my banking history with your organisation. Alternatively, a complete set of statements for that period will be acceptable.

Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my banking business with you.

If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.

I enclose the statutory maximum fee of £10. You have 40 days in which to comply. Furthermore, if I discover that you have levied disproportionate penalties against me, then I shall be reclaiming them, and also reclaiming the enclosed £10 Data Protection Act subject access request fee.

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable. I would be happy to collect the Data from my local branch.

 

Yours faithfully,

 

 

[name]

 

HARRASMENT LETTER

Your Street

Town

City

Postcode

DATE HERE

Company Name

Road

Town

City / County

Postcode

 

 

Dear Sirs

Harassment by telephone

 

Account Number: XXXXXXX

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

I have verbally requested that these stop, but I am still receiving calls. (Delete if necessary)

I now require all further correspondence from your company to be made in writing only.

I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

Be advised that any further telephone calls from your company will be recorded. (**Even if you don‘t yet have recording equipment!!**)

 

Yours faithfully,

 

 

[NAME HERE]

 

CCA LETTER

[Your Address]

 

June 28, 2006

 

The Loan Company

Company House,

Church Street,

Newtown,

Kent,

R1 7HG

Dear Sir/Madam

Re: Account/Reference Number 4563210025897412

With reference to the above agreement, we would be grateful if you would send us a copy of this credit agreement.

We understand that under the Consumer Credit Act 1974 (Sections 77−79), we are entitled to receive a copy of our credit agreement on request. We enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

We understand a copy of our credit agreement should be supplied within 12 working days.

We understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

We look forward to hearing from you.

Yours faithfully

[yhs4260]

HFO accidentally emailed me private customer data of 20 of these customers. do you think watchdog would like to know?

[rory32]

The Information Commissioners Office would certainly like to know and I'm sure Watchdog would be interested too.

[loyalbrummie]

go for the jugular

[UK26]

[update]

 

Judement has been set aside and now have submited my defence which both partys now are required to attend court on 14/05/08

 

now i have a question

 

If the claiments statement of case included letters which they claim to have sent to me on 19,20,21,22 of March 2006 (Letters from Barclaycard and HFO) Sales Aggreement between them addressed to my address on the above dates

 

and i show the court a tenancy agreement showing i did not move into said address until 30th April 2006.

 

what do you guys think the judge would say about this?

[sillygirl1]

I think he would be very interested in the fact that they sent so many letters on consecutive days - not allowing you any option other than to call them, despite the fact that you did not live at said address!

 

Hopefully this will be another nail in their coffin... don't forget that there is a case on here which the Judge said they couldn't bring to court as HFO Capital are based in the Cayman Islands and cannot therefore bring cases to the UK courts (Cayman Islands can only bring cases to the US courts (apparently). I think this is why they are setting up an Indian call centre...

[UK26]

Hi Guys, Take a look at this, Look at the dates of both documents below, and give your feedback.

 

Ive left my Postal address on the documents as this is a key point here and its not my current address.

 

 

Image of Document Removed due to identity issues

 

[01-09-2008 - Document reposted to make better reading of case file

 

 

 

My Tenancy Agreement

 

 

 

Edited September 1, 2008 by UK26
[01-09-2008 - Document reposted to make better reading of case file

[patrickq1]

you have a case against them i will see if rory is still around as you need help with your POCs and the court fees are wrong they are overcharging for a start they have also added some 500 + to your barcly card debt which is also wrong,firstly you have S.A.R - (Subject Access Request) to barclaycard secondly CCA HFO and thirdly remind barclaycard that this debt is in serious dispute and you have also a serious complaint of harrassment against HFO that the POLICE have taken ACTION and you are ultimately holding BARCLAYCARD RESPONSIBLE and will be instigating a further claim for damages see PTs thread for what you need to be doing in the correct fashion as he will guide you through the correct legal procedures and what you need to send to THE [edited] SOLICITORS

PATRICKQ1

[UK26]

Hiya PATRICKQ1

 

what do you think to the last two images i posted

 

The one from HFO they used in court againt me showing they had sent me that document.

 

on 14th May, I will use my tenancy agreement in court.

 

The dates and the addresses i also dispute

 

going by the tenancy agreement, i was not at the address on 21/March/06

 

 

do you have the link to PTs thread ?

[gh2008]

H

what do you think to the last two images i posted

 

ooooooppppsss

 

I think you need to make it quite clear in your papers and in Court that you did not receive those letters and that you beleive those letters to be [edited] then they have been created after the event to look as though they had been there all the time.

Now of that's not [edited] then I'm not sure what is !!!

 

They were really clever to see into the future like that and know that you were going to move and even got the new address right, possibly before you'd even looked at the place

[UK26]

Yeap, I did not even know about the place until 30/March/06 when i was showed the place by the agent, of which i signed the contract the same day.

 

I did not send HFO Services Limited a letter until 30/April/06 letting them know i had moved to Ratcliffe Court.

 

Regards

 

Dave

 

PS. I would like to sue them for damages and have them put to court for frauld, but not sure how

[gh2008]

Have those documents been submitted to Court by them as sworn evidence ?