Next Step : Re HFO Services

[poobster13]

Hi

Im just after a bit of advice please regading HFO services. Sorry if a bit long winded.

My partner received a letter from this company back in Feb 07 re an outstanding Barclaycard debt for £713.24. He agreed to payments of £32 a month which he said he would pay by postal orders by the 28th of each month. (didnt want to give out his card detail). He has kept to this arrangement and paid (as far as he was concerned) his last payment on january this year, I would like to add that we did miss a payment July 08 due to stresses of moving house, probably no excuse I know but we did make up for it. We have kept all but 2 postoffice receipts, misplaced the first couple of months not really realising how important they would be. We started this arrangement in Feb 07 (first postal order sent then) So In March 08 we receive a letter with heading (FAILED PAYMENT ARRANGEMENT PLEASE RESPOND IMMEDIATELY) Amount owing £694.59 we didnt bother, carried on paying instalements, could not stand to ring this company as felt like talking to a brick wall. once we got a phone call complaining about a missed payment that we had made early, apparantly this is not aloud!!! Not aloud to pay early, WTF!!!!

So next letter was received Oct 08 heading (FAILED PAYMENT - BREACH OF CONTRACT/FRAUD!!!!) Amount owing £518.97. Then in Nov 08 get a letter from Turnbull Rutherford Solicitorsk, this one says we owe £198.24. So in a month the account has gone down from £518.97 to £198.24!!! We again just ignored it. So in January after I had paid my final payment of £9 something I wrote them a letter stating this is my final payment and as far as Im concerened case closed! Well yesterday got another letter heading (NOTICE OF INTENDED ACTION) Amount owing £183.00 This letter says: We have tried to contact you recentley in connection with the offer that HFO has made to you in connection with this offer. To remind you, the HFO offer will give you a payment holiday until Feb 09 and will prevent all telephone calls and collection activity over the holiday period, provided that you call me on 08456006145. I can assure you that we want to help! The law says that both parties must attempt to resolve disputed debts. you are refusing to communicate with me and accordingly HFO will be able to demonstrate to the court that you are failing your duty. We now have confirmation of your residential status at this address and we are reviewing your case in anticipation of further action to esculate this matter, blah blah blah added fees etc etc.

We really dont know what to do next, this company do my head in. Should I contact the post office with details of these postal orders, get some evidence together or just ignore and wait till they take us to court and then just show all our receipts. I hope someone could give some advice please, sorry to waffle on.

Many Thanks

[silverfox1961]

Hi,

Time to treat this company like they treat you, with contempt.

 

First of all,

Did barclays send a default notice?

did HFO send a notice of assignment?

 

Next, find out if HFO have the right to be collecting this debt.

How old is the card (when did you first take it out)

 

If it's fairly old send off for a copy of your agreement. This is the letter to send:

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html#post162367

 

don't sign the letter

send a £1 postal order and

send it recorded delivery

do not speak to them on the phone. if they ring, refuse to answer any security questions.

 

It may be worth sending barclays a SAR but hold off for now till others put their bit in.

 

fox

[poobster13]

Hi Thanks for your reply.

He can remember having a barclaycard and owing so yes It is his.

The thing is, is it too late to be sending off something to see if he owes it in the first place. As far as he is concerned he has payed this debt off. 22 payments of £32 and a final payment of ££9.24 all postal orders sent to HFO with account detail, address on the back etc. The letters they sent dont add up, seems they are just coming up with figures nilly willy! I do have most receipts from post office, they have £32 on them and a Payee as HFO services.

Thanks

[silverfox1961]

Tricky one this. As you have been paying a "debt" and by your own account it is paid off, they shouldn't be hassling you again so maybe a prove it letter could work. I'll copy a template letter up but you should edit it to suit your need based on what you have already said. It shouldn't matter that you have paid previously

 

Dear Sir/Madam

 

Account no:

 

You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.

 

I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name).

 

I am/we are familiar with the Office of Fair Trading Debt Collection Guidance which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

 

I/we would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

 

I/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question.

 

I/we await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

 

I/we look forward to your reply.

 

**Edit to suit**

 

Remember, don’t sign the letter.

 

 

If that doesn't work then you could send a SAR but don't worry about that just yet. don't forget to include that you have already paid this debt off.

[poobster13]

Oh thanks alot for your advice.

 

Thanks

[poobster13]

Hi

My partner had a debt of around £700 (barclaycard) with this company which he admitted to and arranged monthly payments of £32 a month to pay it off. Our final payment was paid in January. All these payments were postal orders sent to the company on time. We have receipts of all payments except for 2 that are missing. This has taken him 2 years to pay off and along the way we had a few letters stating we hadnt kept up with the agreement and that as we hadnt we were comiting fraud etc etc. We ignored these as we knew we were making the payments on time and thought they were just trying to get more money out of us. They left us alone pretty much so along with the final payment I sent them a letter along the lines of "here is my final payment now leave us alone"!!! Now a month on or so he gets a letter saying " we wrote to you recentley about your failed payment plan and that your account if now being sent to the investigation team and the costs unfortunately need to be added to your account". This company are making us so cross, we are just at a loss of what to do next, they dont listen. As far as we are concerned we have

spend the last 2 years sending them monthly postal orders of £32. What should we do next. Should we ask for them to send us a statement of the account telling us what payments they think they have received?? Or should I contact the post office first and see if the postal orders have been cashed? Or should we just ignore and see if they take him to court?? Please help.

Many Thanks

[freakyleaky]

I have merged your 2 threads poobster to make it easier to follow.