HFO pressuring me/ Monument debt

[maylucken]

Hi.

i'm new to this so please bear with me.

 

I had a credit card with monument (taken in 2003) and couldn't keep up the repayments. the debt was sold to HFO. In 2007 they contacted me to recover the debt that had greatly increased with the credit card charges monument added. (from £1800 to £3300 (that's the debt now counting what I have already payed them). I made a series of payment of a total £509 but couldn't keep up the repayments with them, and they said they wouldn't accept anything less than £125 a month, so i couldn't pay them.

I am since the last 2 months gone with payplan to pay all my creditors and they are in the process of setting up the arrangements. I just want to find a solution to it all!

 

I have received numerous phones calls over the last few days from HFO "negotiators". They are calling around 20 times a day. I have informed them that I was dealing with payplan that has been contacting them. They said that they will refuse to deal with any debt management companies stating that they are unreliable and won't keep repayments after one of 2 months (????). They are refusing to send me a letter stating any offers of payment they are making on the phone to me. (the only letter they are willing to send me is a direct debit mandate once i give them my bank details). They are saying that if I don't give them my bank details and set up this direct debit they will take me to court.

I have informed them that the amount they require is too high and that payplan is dealing with all my debt but they keep calling and threatening. HFO assures my that they never deal with debt management companies, while payplan tells me they deal with them all the time and to just refer HFO to them. But HFO is refusing to do this and just keep calling.

They spoke to my partner today and disclosed all my financial details and payments to him. He knows all about this but isn't this breaching data protection?

How do i deal with them and have anyone been in a similar situation?

Thanks.

May

[redroo555]

hi there,

first of all don't panic!!

second, Never talk to them on the phone! just say i only wish to communicate in writing alone.

NEVER give them your bank details et....don't talk to them anymore, they are just threatning, with no back up!!!

i among loads of others are dealing with HFO at the moment, and although it is quite scary, once i got the info i needed from the people on here, it gave me the confidence and no how to deal with them.

although i can't help properly, i am sure that someone on here will be along real soon, and give you all the guidence you need!!

firstly, send them the telephone harrassment letter.

if you don't know where that is, i wiill look it up for you.

 

good luckxx

[cerberusalert]

Send the following recorded delivery & do not sign it. The y have 12 + 2 days to supply the CCA if the fail to do so you can legally stop payments.

 

The letter will do two things, firstly see if they have the right to collect & second whether it is legally enforceable;

 

Dear Sir/Madam

 

Re:- Account No: XXXXXXXX/Your Reference Number: XXXXXXX

 

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77 will apply.

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

You should also note that I will only discuss this matter in writing and should it be your intention to arrange a “doorstep call”, 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 any of your associates.

 

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, or your representatives 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.

 

I look forward to hearing from you.

 

Yours faithfully

 

(Print do not sign signature)

[redroo555]

hi there,

this is the telephone harrassment letter!

 

Your Street

Town

City

Postcode

 

DATE HERE

Company Name

Road

Town

City / County

Postcode

Re: Harassment by telephone

 

ACCOUNT NUMBER: XXXXXXX

Dear Sirs

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, FOS, 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.

 

Yours faithfully,

 

[NAME HERE]

 

 

to stop the calls.

[maylucken]

thanks. will have a look for the telephone harrassment letter. I saw it on other threads. Is the fact that I made payments in 2007 and then stopped a disadvantage?

I've trying to deal with all the creditors with payplan so i can get on some stability. I hope it all works.

[maylucken]

ok will send those 2 letters tomorrow.

is the fact that i payed them some money in 2007 a problem for the CCA request letter?

[redroo555]

hi there,

i wouldn't have thought it made any difference at all!

i havn't had any dealings with payplan, but i do know that along with Cerberusalert, and the other good folk here, they will help you all they can as they have helped me.

[cerberusalert]

Is the fact that I made payments in 2007 and then stopped a disadvantage?

 

It will have no bearing on your CCA request, but your last payment will be when the 'Statute Barred' clock starts ticking.

[maylucken]

also they have said that if i make an agreement with them they will take £800 of the debt in 3 months time and freeze interest. None of this they are willing to put in a letter. They have said that they will refuse to write to me as they are the one doing me a favor, and not the other way around.

Will send the CCA and telephone harassment letter tomorrow.

Thanks.

[redroo555]

all of it rubbish!!

just look at some of the threads here for hfo, and you'l see.

send the letters, and have a good nights sleep!

[ODC]

They are pressurising you because the commission driven threat monkey knows that once you put your debts through Payplan HFO will get a helluva lot less blood money from you. Make a formal complaint against the shysters

[maylucken]

an official complain to who? to FOS?

[ODC]

One to Monument who will of course deny everything so NEVER speak to them again on the phone.

 

One to the OFT as they are in breach of OFT guidelines on the collection of debt

 

One to your local Trading Standards

 

I also advise raising the matter with your MP

[maylucken]

ok. will do this. guess i can find the legal details i need to put for this on threads here. Thanks.

[ODC]

From the OFT Guidelines on Debt Collection

 

Physical/psychological harassment

2.5 Putting pressure on debtors or third parties is considered to be oppressive.

2.6 Examples of unfair practices are as follows:

a. contacting debtors at unreasonable times and at unreasonable intervals

b. pressurising debtors to sell property, to raise funds by further

borrowing or to extend their borrowing

c. using more than one debt collection business at the same time

resulting in repetitive and/or frequent contact by different parties

d. not ensuring that an adequate history of the debt is passed on as

appropriate resulting in repetitive and/or frequent contact by different

parties

e. not informing the debtor when their case has been passed on to a

different debt collector

f. pressurising debtors to pay in full, in unreasonably large instalments,

or to increase payments when they are unable to do so

g. making threatening statements or gestures or taking actions which

suggest harm to debtors

h. ignoring and/or disregarding claims that debts have been settled or are

disputed and continuing to make unjustified demands for payment

i. disclosing or threatening to disclose debt details to third parties unless

legally entitled to do so

j. acting in a way likely to be publicly embarrassing to the debtor either

deliberately or through lack of care, for example, by not putting

correspondence in a sealed envelope and putting it through a letterbox,

thereby running the risk that it could be read by third parties.

6 Debt collection guidance July 2003 (updated December 2006)

Deceptive and/or unfair methods

2.7 Dealings with debtors are not to be deceitful and/or unfair.

2.8 Examples of unfair practices are as follows:

a. sending demands for payment to an individual when it is uncertain that

they are the debtor in question, for example, threatening debt recovery

action to 'the occupier' or sending a payment demand to all people sharing

the same name/date of birth as a debtor in the hope that contact with the

correct debtor will be made.

b. disclosing debt details to an individual when it is uncertain that they are

the debtor in question, for example, disclosing details to 'the occupier' of

an address.

c. refusing to deal with appointed or authorised third parties, such

as Citizens Advice Bureaux, independent advice centres or money

advisers

d. contacting debtors directly and bypassing their appointed representatives

e. operating a policy, without reason, of refusing to negotiate with

debt management companies

[maylucken]

c) is interesting... HFO told me today that monument had passed on my debt originally to 2 agencies them and someone else (can't remember what they said) and that now because i had made those payments in 2007 to HFO only Monument had now sold the debt to them.

[maylucken]

they have breached quite a few of those guidelines on the phone today. Shame couldn't get anything in writing!

[maylucken]

what does it mean if they can't provide the CCA?

[cerberusalert]

These merkins loathe to put anything in writing, they don't like to create a paper trail which can be used in evidence against them. That's why we always advise people to only communicate with them in writing. If you speak to them on the 'phone they will try to grind you down with threats & promises which they would never commit to paper.

[ODC]

they have breached quite a few of those guidelines on the phone today. Shame couldn't get anything in writing!

 

If they catch you on the phone again inform them that you are recording the call. Press one of the keys on your phone. You will immediatly notice a change in their attitude.

[maylucken]

ok well 12 days +2 has passed since i sent the CCA request and i haven't received anything. Do I just wait or do i contact them again?

Also I need to find out all the bank charges that were applied on this card as well as the details of ppi and if/when this was charged on my account. What letter do I need to send to get all those details in one go? The SAR with £10 postal order? Will that cover the charges and the ppi?

Thanks

[lickthewallfatboy]

just sit back....it's up to them now

 

to find out about charges,the SAR is the route to go down

[maylucken]

thanks, do i send that to hfo (who has bought the debt) or monument?

[cerberusalert]

Monument

[maylucken]

i have just received today a letter from HFO. Not the original application as they say they have contacted monument to get a copy of this and that they will sent it to me once they get it from them!

they have enclosed copy statements for some reasons. But not all of my statements but 6 months statements from january to june 2006!!! which were the last 6 months my card was active. anyone understands what's going on??

i haven't received all my statements but from what i see every month i was late they charged me £20 for a failed DD, £20 for an overlimit fee and £20 for a late payment fee. That's £60 a month!! and also something called payment break fee which keeps charging from £14 to £18.

I will wait to get all my statements but can i claim all those fees above?

What do i do next? just wait or send them another letter?

Thanks