Help what do i do HFO are stressing me out!

[Niteman33]

Hi folks i'm new so please be gentle,

 

I am being harrassed by HFO re a welcome finance debt which was originally a loan for £500 and is now £1927.91 and 2 "3" mobile phone contracts for £324.66 and £229.77 I have asked HFO to stop calling me but they constantly do.. What do i do next? Other creditors are reasonable but these guys have been rude and abusive. I recieved a voicemail the other day from them with my date of birth and full name and address details which i thought must be in violation of the data protection act? Does anyone know? A little background i'm just into employment after 3 yrs of none so am trying to clear my debts.. someone please help!!!

 

Thanks

[Niteman33]

Saturday today and what a suprise woken up at 8.35am by HFO:evil:

[PriorityOne]

If you can, unplug your 'phone overnight while you're sorting this one out. If they do catch you though, either hang up immediately or refuse to go through "security".

 

Initially, you need to send a CCA request to HFO for the Welcome loan. I will provide a link for this shortly. Can you remember how much of this you actualy paid off when it was still with Welcome ? If HFO don't have it, then they can't enforce the debt.... but if they can, then the debt needs to be paid. Having said that, arrangements can be made to pay what you can afford... and not what HFO want you to afford . There's a big difference.

 

As for the mobile 'phone debts, unfortunately these are not covered by CCA law, although I have known folk to send requests off anyway (myself included) and the DCA has been too stupid to realise..... so it's up to you. At the very least though, you are entitled to a statement of account (free), detailing precisely how they have managed to get the figures that they have for each of your mobile accounts and a breakdown of any charges that have been added.

 

As with all communication, this needs to go off by recorded delivery, unsigned (just initialled).... and the receipt kept in a safe place, along with a note of what it relates to.

 

There are certain harrassment letters that can also be sent, but I will get to these later. Back with the CCA link in a bit....

[PriorityOne]

The link is here :

 

Creditors and DCAs - Letter Templates & Budget Planner

 

Letter N is the one you need. Enclose a £1 postal order for the fee (not a cheque) and do not sign it... just initial or print. Send by rec. delivery and wait. The account is now in dispute and will remain so until/unless HFO are able to comply within set timescales. If they have not complied within 12 working days from receipt of your request, then you can stop paying anything until they can comply. A lot of them can't, which is why the CCA request is so powerful.

 

This won't apply for the mobile 'phone accounts, so you'll need to either bluff these with a CCA request anyway (for each account) or, write and ask for a detailed breakdown of how they've gotten the figures they have, along with written proof of their entitlement to collect on these accounts now. Do not sign these letters..... just initial/print and send by rec. delivery. Keep the receipts.

 

Back with some harrassment material in a bit....

[PriorityOne]

Ok... send separately by rec. delivery and keep the receipt, once again. Do not sign, just initial/print.

 

Dear xxxx

 

Your Ref xxxxx

 

COMPLAINT

 

I have growing concerns over your attempts to plague my home with unwanted 'phone calls, several times a day and at all hours of the day, instead of contacting me in writing, as requested.

 

I would therefore like to re-iterate : that I will only communicate with you in writing. Should it be your intention to arrange a “doorstep call”, then please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you or with any company that you claim to represent, or who may be represented by you.

 

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

 

Without ambiguity, I trust I make myself perfectly clear and invite your considered response before taking this matter further with the relevant authorities, including but not limited to, Trading Standards and the Office of Fair Trading. In light of your past behaviour however, I also now require details of your Complaints Procedure, together with your Consumer Credit Licence number by return.

 

Yours faithfully,

 

[Niteman33]

Thanks for all of that! I hace made formal complaints today against HFO with The OFT, Trading Standards and Information Commissioners Office I've now recieved 14 calls today alone...

 

Cheers for the help was going out of my mind....

[Niteman33]

One other thing to note I have no details of the welcome finance loan! They as of now have not written to me at all about it!

 

A

[PriorityOne]

The CCA request is legally-binding. Providing you know it's been received (rec. delivery slip), they're under a legal obligation to comply, along with a Statement of Account. If they cannot, then they have no business pursuing you for money on an unsubstantiated debt.

 

14 calls already though !!.... ..... log them all if you can, whether answered or not.... but do not talk to them.

[palomino]

Hello Niteman33. Things aren't as bad as HFO make out. It is a typical tactic of DCAs to bully, harass and threaten debtors. You have our sympathy and support (we've all been there!).

 

PriorityOne has suggested writing to them to tell you will only communicate in writing. That's a good start and should get rid of the harassment calls.

Then do the CCA request. Do it as a separate letter and follow the usual guidelines here.

 

Send all correspondence recorded delivery although it does get expensive.

 

 

Keep us posted.

[Niteman33]

PriorityOne

 

With regards the CCA request how do i do it HFO have only said i owe them I have no REf or Account numbers and have recieved nothing in writing from them about this one

[sosumi]

You could photocopy the letter they sent you and refer to it (enclosed) in your letter? Also ask for a Copy of their Complaints Procedure.

[Niteman33]

I dug out my old bills today on the 2 "3" accounts that HFO are collecting for! HFO are asking for £304.95 for a bill i have confirmed with "3" that should be £229.77. The other HFO want £433.57 again "3" confirmed it to be £324.66. Can they really make me pay an extra £75.18 and £108.91 respectively? Is these sort of charges even legal I have signed no credit agreements with them?

 

PS I'm wising up to DCA's now

[PriorityOne]

Have you not received anything in writing at all from HFO ? In that case, you could delay sending the CCA request until they send you something with a ref. on it.... and just focus on the 'phone harrassment side of things for now.

 

HFO cannot get you to pay their own charges, no. It won't stop them from having a go though. If you can get something in writing re. the accounts from "3" to confirm the balance owed, this would make life easier.... but no worries there.

[Niteman33]

"3" faxed me copies today of balances when they handed over the debt to HFO i also spoke to them with reference the harrassment HFO have caused me and what i'd done about it and was appologised to on behalf of "3".... Which i thought was nice if not a little weird lol

[Niteman33]

PS

 

Thanks for all your help this far i really appriciate it! Even though i can't spell!.....Will keep you updated!

[Niteman33]

Just organised a consolidation loan with yes loans to get this debt with HFO sorted once and for all. I will also clear all my debts with one swoop hopefully!.

[Niteman33]

Ps havent heard a thing from HFO since Saturday its gone frighteningly quite

[Niteman33]

Ok so the Yes Loans thing did not work out. HFO back on the phone too, I ordered a copy of my credit report on Equifax and there is no listings of theses debts surely there should be?

 

Any ideas anyone?

[PriorityOne]

Why on earth did you arrange a consolidated Yes loan ? As far as I can see, you've had no confirmation that you owe the amount that HFO are after. Are you saying that the Yes application was rejected ?

 

If the debts are over 6 years old, they will have dropped off your credit file. If not, then they may be listed with Experian or Call Credit instead.

 

Don't talk to HFO on the 'phone... hang up and then log it.

[Niteman33]

The only notification from HFO is the 2 mobile phone contracts, I have spoken with 3 who tell me the accounts where closed in 2005 yet I have letters from 3 saying HFO now own the debts as of the 12th May 2008.

 

Yes Loans are crap they said they were sending info out I have recieved nothing!

[Niteman33]

None of these debts are on any of my credit reports.... What do i do next!

[Niteman33]

Under recomendation of CCCS i called HFO and told them these debts dont exist they back tracked for a while and then a little aggressive saying they can see my report on Equifax and Call Connect which I think they mean Call Credit. Then she tells me to fax my report to them! Am i nuts! That will never happen....

[sillygirl1]

If they can see it why can't you and have you checked to see if they have done a search and left a 'new' marker. This would be absolute proof that they are 'cheating' the system.

 

DONT send them anything, you are not obliged to. Send them a CPR Part 18 request instead and threaten court action to them....

[Niteman33]

Does anyone know how long HFO have been around for?

[Niteman33]

They have made a total of 5 searches against me since 2007 yet the first time they contacted me was a month ago.