HFO Services/Roxburghe/Graham White Solicitors Default on Credit file.

[faye93x 1]

Hi.

 

I was contacted by a comapny called Roxburgh Debt Collection back in 2005 about a debt for C.A.R Motorists Supercentre in Slough. This was back in 1999 that the debt was ran up.

 

At that time I owed £3181.20 and I made agreements to pay the debt back. I have been paying token amounts since then and it has only really been since I have been trying to consolodate my debts with a bank loan that there seems to be a problem. When I was refused the loan from the bank on Monday I got a copy of my credit file and found this default from HFO Services from December 2002.

 

I am paying the debt back every month by direct debit and it is only a token amount but it is regular payments. I contacted HFO and asked why this debt was still showing as a default when I have been paying, they advised that it is company policy to not mark my credit file accordingly.

 

I gave all of this info to my bank yesterday tou have the decision overturned but it came back a no but if I were to clear the HFO debt this would all be sorted.

 

I telephoned HFO today to find out my balance and was horrified when they advised that the balance was just under £4000!!!! The debt this time last year was £2700. They have been adding interest to the account but I have not been informed of this at all. I offered HFO £600.00 to settle the debt which was refused. This is all I have.

 

The date of birth they have registered for me is over 1 year out, the day, month and year are all wrong, but quite alot too.

 

I have recently gone for a new job in Debt Recovery which was offered to me but due to this default the offer has been revoked.

 

I cannot move to a cheaper property due to the credit scoring and this default.

 

So all in all I have had a pretty shocking day.

 

I just dont know what to do about this I am at a dead end and I feel like it will never end.

[Guest Old_andrew2018]

Hi

 

Are you sure that the DCA have any right to collect this money, you could ask for evidence in the form of a true copy of your credit agreement,

The request for this information is at this link you will need letter N http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html#post162367

Members of the forum advise that you do not sign the letter, just print your name there is a small fee £1.00, if you can get a family member to write you a cheque or send a postal order. The reason for not signing is deviant DCA's could scan, cut, and paste your signature on to any document they like.

 

Once you receive this you will be able to decide what action to take, you will always get advice on the forum

 

Regards

 

Andy

[nicsussex 266]

I have recently gone for a new job in Debt Recovery which was offered to me but due to this default the offer has been revoked.

 

Why on earth would you still want this 'job' after being on the receiving end of their tactics?

[faye93x 1]

The job is for collecting mortgage arrears, I currently collect utility debt so I would not say that I am in their league. I did turn down working for a DCA.

[maroondevo52 5,048]

Hi, faye93x.

 

I agree with Andy, Send the CCA request, once received, the DCA have 12 working days within which to comply with your request, or they will be in default and legally unable to pursue you for payment without going to court.

 

 

Have a look at this letter, send it to the DCA if they fail to comply with your request.

 

It might put your mind at rest............

 

 

**Edit to suit**

 

 

Account In Dispute

 

Ref:

 

Dear Sir/Madam

 

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

 

On the **DATE** I wrote to you requesting a copy of the credit agreement and other information under the Consumer Credit Act 1974 (Sections 77-79).

 

On **DATE** a member of your staff signed for delivery of my written request and I have an electronic proof of delivery showing their signature and the date.

 

To date you have failed to comply with these requests in any way, whether by confirmation of receipt of the request or by supplying the requested documents.

 

These documents I requested should be readily available as proof of your legal right to collect this account under the Consumer Credit Act 1974.

 

In my letter of the **DATE** I made a formal request for a copy of the signed, executed credit agreement for the above account under section 77(1) of the Consumer Credit Act 1974. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore

 

 

You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation.

 

If that request is not satisfied after a further 30 calendar days your client commits a summary criminal offence.

 

These limits have expired.

 

As you are no doubt aware section 77(6) states:

 

If the creditor 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.

 

Therefore this account has become unenforceable at law.

 

As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

 

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

 

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

 

It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Should you not respond within 14 days I expect that this means you agree to remove all such data.

 

Furthermore you should be aware that a creditor is not permitted to take ANY

Action against an account whilst it remains in dispute.

 

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

 

Remember, print your name, don't sign.

 

 

 

Regards.

 

 

Scott.

[faye93x 1]

Hi everyone.

 

Thanks for your advice. I posted the CCA request and HFO received this and signed for it on 7 May and I enclosed a £1 postal order in there too so if I am correct they have until 22nd May to provide my CCA.

I still have a direct debit set up for them to take money monthly, what should I do about this? Should I cancel this or leave it running for the time being?

 

Thanks

 

 

Fay

Edited May 10, 2008 by faye93x

[maroondevo52 5,048]

Hi, Fay.

 

Think you've got your date right, If it was me, I would stop the payments.

Why give them any more money when they have not yet proven they have the legal right to collect the debt.

 

 

Regards.

 

Scott.

[faye93x 1]

Hi everyone.

 

Well it has been 12+2 days now and no sign of the CCA. I have stopped the Direct Debit with the bank.

Do I need to do anything else?

What shall I say if the telephone me?

 

Thanks again for everyones help.

[maroondevo52 5,048]

Well it has been 12+2 days now and no sign of the CCA.

 

Wait another 30 Calendar days.

 

What shall I say if the telephone me?

 

 

Please, don't speak to them on the phone

 

 

Get everything in writing and keep all correspondance.

 

 

Regards.

 

Scott.

[faye93x 1]

Well I stopped the DD and got a call from HFO today (Only taken them 11 days to contact me and still no CCA) I adv that I will not talk to them on the phone and that they must correspond with me in writing only. I was asked why this was and I advised that I will not enter into a conversation with them. They lady advised that the account will be passed to a senior manager now. I adv that fine but I will only correspond in writing from now on. The 30 days is up on the 21 June.

[ScarletPimpernel 5,631]

the account will be passed to a senior manager now.

 

DCA Senior Manager - someone who is able to read without moving his lips.

 

A very poor effort at a threat; perhaps the phone monkey was having an off day.

[faye93x 1]

Hi guys.

 

Well the 30 days is almost up now and still nothing from HFO. I will send the final letter to them on Saturday by recorded delivery and hopefully it will be the end of it.

 

Any further advise would be appreciated.

[faye93x 1]

Well I sent the over 30 day letter by recorded delivery on Monday and I had a notification from Equifax today that the Credit Agreement has been deleted from my credit file.

 

I have had nothing from HFO, what does this mean??

 

Thanks

[maroondevo52 5,048]

Hi,

 

What credit agreement has been deleted from your credit file ?

 

Regards.

 

Scott.

[faye93x 1]

From what Equifax have notified me of it certianly looks like it.

 

Thanks

[faye93x 1]

Sorry I mis-read the question.

 

Equifax have informed me that the Credit Agreement for Clydesdale Finance/HFO has been removed from my credit file.

 

I have pulled up my credit file and sure as hell the default has disappeared.

[faye93x 1]

Any suggestions as to what may have happened?

[maroondevo52 5,048]

Hi, that's sound, looks like the letter you sent, worked

 

Regards.

 

Scott.

Edited June 27, 2008 by maroondevo52

[faye93x 1]

Hi there.

 

I have just had a very threatening call from HFO today. They have advised me that the debt has now increased to £6000 as the interest has been added. They have adv that they requested the CCA on 24 June 2008 (When they got my second letter) and that as I have made payments I have admitted the debt. The have told me that they will take it to court and that they will win as I have made payments and only just raised the question over my DOB and the CCA.

 

I repeated that I will only correspond in writing with them and they advised me that they will not do this and that they will keep calling me.

 

I am really scared now as yes I have made payments to them but it only came to light about the incorrect DOB in April this year. I cannot afford to pay £6000 to them.

 

I am seriously thinking about going bankrupt but if I do this I will lose my job.

 

Any suggestions on what to do with it?

[faye93x 1]

Further. The default is no longer on my credit file and I have the email to confirm this and also the copy of the credit file. The CCA was requested from Clydesdale on 24 July. I sent my first letter in May.

[palomino 928]

Hi there.

 

I have just had a very threatening call from HFO today. They have advised me that the debt has now increased to £6000 as the interest has been added. They have adv that they requested the CCA on 24 June 2008 (When they got my second letter) and that as I have made payments I have admitted the debt. The have told me that they will take it to court and that they will win as I have made payments and only just raised the question over my DOB and the CCA.

 

I repeated that I will only correspond in writing with them and they advised me that they will not do this and that they will keep calling me.

 

I am really scared now as yes I have made payments to them but it only came to light about the incorrect DOB in April this year. I cannot afford to pay £6000 to them.

 

I am seriously thinking about going bankrupt but if I do this I will lose my job.

 

Any suggestions on what to do with it?

 

 

You should start a new thread for this - perhaps a moderator can oblige.

 

In the meantime it appears they have told you a few porkies. Nothing unusual at all. This appears to be typical HFO bullying tactics.

 

If they haven't supplied a true copy of your credit agreement they are now approaching the point where they are in default which means you are in the driving seat. Hence their increasingly desperate letters trying to make you commit to something before you realise you don't have to. At this point you're entitled to feel a little smug.

 

The cannot refuse to correspond in writing only. There are various letters on formally requesting them to cease calling you (look in the templates library). Essentially it is harassment because a telephone call allows them to shout at you, insult you, talk you down and generally intimidate you.

 

Making payments is not an admission of liability.

 

 

What to do now?

1. Never talk to them on the phone. If you inadvertantly answer the phone and find them on the other end then simply hang up. Don't worry about appearing rude or discourteous - they don't.

2. Just wait for your credit agreement to arrive. If it doesn't and you want to make an issue of it you can complain to various bodies such as your nearest Trading Standards office (TS), the Office of Fair Trading (OFT) or the Financial Ombudsman Service (FOS).

3. Relax - there are plenty of people here to help you.

[faye93x 1]

HI there.

 

Thanks for that. This is just a continuation of my previous thread.

 

They have had the post 30 day letter and they are in default. They have not written to me at all and I will get in touch with the TS, OFT, FOS and Law Society about them again over the weekend I will draft a letter to them.

[maroondevo52 5,048]

Hi, Faye.

 

Don't let them get to you, without a CCA there is very little they can do.

It does not matter a jot if you've been paying them or not, the 'alleged' debt is unenforceable.

 

Regards.

 

Scott.

[faye93x 1]

Help me.

I have been emailed today by Equifax and I have paid for a new credit report only to find out that HFO have reapplied the default on my credit file after this was removed. they have also registered a search against me on 21 August which is when I was advised that the debt would be written off. What shall I do

[faye93x 1]

Does anyone have any advice on what HFO have done? Are they playing with the guidelines by removing a Default then reapplying it?