HFO (again)

[rentarded]

Hi all,

 

This is my first post and I could be a little naive so please treat me with care for now

 

This is an account on my credit file from HFO with a default which "occurred" in 2007. There is a full outstanding balance of over £1000 of which I do not believe I owe and I have certainly never been contacted regarding this. I wrote numerous amounts of letters to HFO requesting they explain why, when and where etc but never received a response. I then did a little research and came up with this,

 

19th February 2009

 

Dear Sirs,

 

I am now beginning to grow tired of the constant unanswered communication. I have complied and gave you all the documentation you required by recorded delivery and now feel I am running out of options. Having checked the records I do not believe that my “default” occurred on

 

1st May 2007 is correct. I would therefore request the following

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit). Your obligation also extends to providing a statement of account. I enclose a £1 cheque in payment of the statutory fee

 

2. You must supply me with a signed true and certified copy of the original default notice

 

3. Any deed of assignment if the debt was sold on

 

I would request that this data is provided to me within the next 28 days, if you are unable to provide this data then I must insist that it is removed from my files as unsubstantiated.

 

Best Regards

 

After sending this letter recorded delivery and noting that they did indeed recieve my letter I then sent this

 

23rd March 2009

 

Dear Sirs,

 

I write with reference of my last communication dated 19th February 2009 which was sent recorded delivery ref no. DW703866819GB and signed for within your office on 24th February 2009 (www.royalmail.co.uk)

 

I once again request that you supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account. In my last communication that you received I supplied you with the statutory fee to cover the costs.

 

I also request a signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

 

May I also bring you attention that you are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.

 

If you can not supply me with the above documentation I insist that you remove the false information you currently hold on my credit file with the varying licensed agencies with immediate effect.

 

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

 

 

 

I will now allow a further 14 days for your response on this matter.

 

If you do not understand what this means then seek advice from your legal department.

 

Best Regards,

 

STILL NOTHING!!!

 

Now I after reading these forums I realise I may have made a mistake. Please can somebody help me as to what I can do now??

 

I just want this sorting ASAP and realise that HFO's name has occurred on many occasions on this forum although they have never demanded a single penny from me. Have I done anything wrong?

 

HELP!!!

[Pinky69]

Send a formal complaint to their complaints department about non-responses to your requests and tell them if you do not received a reply within 7 days you will raise the matter in court as they are in gross and flagrant breach of the CUPTR 2008. All charges for your time, court expenses and substantial compensation will accrue to them and you will raise a complaint with the OFT under Section 9 of the Money Laundering Regulations if it transpires they do not have the paperwork pertaining to the alleged debt. I gaurantee you will get a reply.

[DonkeyB]

Pinky, this is HFO! Which laws of the land apply to them? None!

 

... according to HFO, anyway.

[42man]

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

This no longer applies by the way the 'offence' bit was scrapped in 2007.....

[42man]

And please report them to the OFT.....

[rentarded]

Thank you for your response.

 

Am I correct in thinking that after a certain amount of time I can force the issue and have my information removed from their records and my credit file? OR have I done this wrong and have file a formal complaint?

[42man]

Is it showing any default info on your credit records ? Have you sent a SAR to the original creditor ?

[rentarded]

I'm not exactly sure who the original creditor is...

I

have sent many letters to HFO all unanswered but signed for on recorded delivery. Then I thought I would go down the official route which now I fear I have done wrong. HFO placed the default on my record in 2007, I have had no notification, no demand for money or no communication from them regarding what this could be about.

[DonkeyB]

I think you need to wait for a response. If there is none, you must complain to trading standards and the OFT, as Pinky and 42man have said. To record adverse information about you with credit reference agencies and then refuse to correspond with you about it is, I think, a pretty serious situation.

 

Merton and Surrey trading standards, as well as your own local TS, should be your first port of call.

[rentarded]

thanks for all the great help from everyone so far, much appreciated... I will compose the letter when I get home and post it on here.

[rentarded]

I must say that I am amazed. I have been really busy recently but set some time to one side for lunch to compose my complaints letter to Trading Standards and HFO but when I got home a response from HFO was waiting for me on the door mat. They have sent me a signed application form from myself on 1st March 2003 for a credit card. The pack also includes the terms and condition along with a closing account balance of the default balance showing on my credit file. Is this what I asked for and is this relevant?

 

I was also given warning that I should call them immediately to make a payment plan to avoid further charges. I will try and post all the letter on here when I get home later but I am very worried now, what should or can I do?

[the_shadow]

I must say that I am amazed. I have been really busy recently but set some time to one side for lunch to compose my complaints letter to Trading Standards and HFO but when I got home a response from HFO was waiting for me on the door mat. They have sent me a signed application form from myself on 1st March 2003 for a credit card. The pack also includes the terms and condition along with a closing account balance of the default balance showing on my credit file. Is this what I asked for and is this relevant?

 

I was also given warning that I should call them immediately to make a payment plan to avoid further charges. I will try and post all the letter on here when I get home later but I am very worried now, what should or can I do?

 

Does the date of the default raised by HFO match the default date from the original lender? If not then complain and threaten informing the ICO about it.

 

As I understand it they cant add further charges without taking you to court, you have no contract with them, they have purchased a lump sum debt.

 

S.

[rentarded]

I must say that I am amazed. I have been really busy recently but set some time to one side for lunch to compose my complaints letter to Trading Standards and HFO but when I got home a response from HFO was waiting for me on the door mat. They have sent me a signed application form from myself on 1st March 2003 for a credit card. The pack also includes the terms and condition along with a closing account balance of the default balance showing on my credit file. Is this what I asked for and is this relevant?

 

I was also given warning that I should call them immediately to make a payment plan to avoid further charges. I will try and post all the letter on here when I get home later but I am very worried now, what should or can I do?

[rentarded]

Sorry for the duplicate I wrong pasted my old message.

 

I can never actually recall receiving a default notice from Barclaycard what so ever???? I do remember having one in my student years but the account was not really used and the I have had no communication from them for years so I imagined the account was closed and never gave it a second thought until last month when I checked my credit file. To my horror there was a default there from HFO placed in 2007 for just over £1000 to which I have absolutely no memory of. It's all very scary as I don;t really have debt or know how to deal with these people.

[the_shadow]

Sorry for the duplicate I wrong pasted my old message.

 

I can never actually recall receiving a default notice from Barclaycard what so ever???? I do remember having one in my student years but the account was not really used and the I have had no communication from them for years so I imagined the account was closed and never gave it a second thought until last month when I checked my credit file. To my horror there was a default there from HFO placed in 2007 for just over £1000 to which I have absolutely no memory of. It's all very scary as I don;t really have debt or know how to deal with these people.

 

Ok first thing first then I'd scan the agreement, remove anything that is personal and then upload to here so we can see if it has the prescribed terms.

 

Secondly it might be worth doing a data protection request (a SAR) to Barclaycard for a) the default notice b) notice of assignment c) statements...

 

If the agreement is enforceable or if you just want to try and clear this debt down then there could be charges on the account you can claim back, the statements will show.

 

S.

[rentarded]

S.

 

Thanks so much for your help... I will upload the documents when I get home today and take it from there.

[rentarded]

OK so here we go, please follow this link

 

ImageShack® - Gallery

 

The signed document is poor on quality (as recieved) however if you click on the image and then close in it is pretty clear to read whats what. I also recieved a loadt of T&C's along with a 1 line "statement" saying how much I "owe" them. Hope this helps and thanks again for the help here!!

[DonkeyB]

Oh well, even their letter to you admits it's only an application form! Look forward to seeing the T&Cs.

 

Have they not sent you any copies of Notices of Assignments or Default Notices?

 

Also, do you now remember anything about the alleged debt? As they haven't provided any statements, you have no way of knowing how the amount they claim is composed, so there's still a way to go in getting to the bottom of this.

[rentarded]

Thanks for the response Donkey

I honestly thought that the account was closed in 2005/2006 with a balance of £0. It was a student card that I never really used so to see it on my credit file the other month was a shock to say the least.

So with them only sending me the application forms and lots of standard T&C's inc. CCA print out what are my options? I have not received any default notices or any statement to show why this is the case. I am really worried about this now and especially as this potentially could effect my credit rating until 2013 and I don’t know why?

I'm going to try and put a few hours into the forum to see if anybody else is in my position.

[DonkeyB]

As 42man said, it may now be worth a subject access request to Barclaycard to request copies of all statements, defaults notices, etc, to see where the amount has come from (it costs £10 - see the standard letter in the templates). The alleged balance may be made up almost exclusively of charges, but you won't know until you ask. HFO should be able to provide this info but they actually never do.

 

If there was no default on your credit file from BC, I'm wondering what right HFO have to put one on there. The fact that you have had no correspondence and no default notice from Barclaycard, nor requests to settle, is a bit fishy - have you changed address since you had this account?

[I've got no money]

Can I ask - when was it opened and when it was last used

 

It clearly is not an agreement - even if it were it would be unenforceable - not signed by Barclays, abscence of prescribed terms etc...

[rentarded]

The last time I think I used the account was late 2005 early 2006 at best... I believed there to be no balance and I certainly had received no communication to this effect. I have moved address in during this period but moved away from home where my Mum still lives so I know I would have had some post if indeed it was sent.

OK so this is what I am going to do thanks to the advice.

1 - Write a letter to HFO advising that I know nothing of the debt and again ask for the default documents, deed of assignment etc. (Maybe I can start with a template AGAIN?)

2 - Send SAR to Barclaycard to see what there response is.

With this in mind what actually is my position? OK I can find out if the debt was indeed my fault and if it was I will pay but these defaults etc. that have come out of the blue could ruin me for years. Also with no signature can they legally enforce this debt.

Sorry guys if I am coming across a bit needy with this, I am just so worried about this after years of a decent credit history. Beers on me at the end of this!

[DonkeyB]

Letter 1 is a good idea, just update with a specific request for the documents they haven't provided, including proper fulfilment of your S78 CCA request and copies of default notices and notices of assignment, etc. Make it clear at the top of the letter 'I do not acknowledge any debt to your company'. Knowing this lot, they often start legal action the minute they have an application form in their hand, but you need to keep it in dispute - if they start legal action while you're disputing, it wouldn't look good for them. As ever, send everything recorded.

 

(Then HFO will start recreating all the documents they sent to you ages ago...)

 

Do the SAR as well, and ask for copies of ALL letters etc supposedly sent to you, including default notices, as well as all statements.

 

Incidentally, do you know how they got your new address?

 

Unfortunately you'll have to wait until you receive responses to these - BC have 40 days to respond. Until you have the data there's not a lot more can be done, other than watching your back I'm afraid.

[I've got no money]

The reason I asked about the account opening dates was to double check that we were working on the old rules. Fortunately you are.

 

I know I've said this already but you also need to make sure that you ask for the both assignment and NoA

[rentarded]

What a hectic couples of weeks!!! Anyhoo with a nice bank holiday Monday free I did some research and came up with this. I aim to send this on 5th May so any advice please?

 

Dear sirs,

 

Thank for your letter and documentation dated 17th April. I must stress that I am slightly disappointed with your response as you have seemingly supplied none of the documents that I am legally entitled to.

 

An application form is not legally considered as credit agreement.

 

As you will be no doubt aware, the Copy Document Regulations requires that documents are easily legible and clearly the terms of the agreement are not easily legible, infact far from it. most of the document is blurred and cannot be interpreted.

 

The document sent purporting to be a credit agreement does not contain any of the prescribed terms as required by section 60(1) Consumer Credit Act 1974. The Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) made under the authority of the “1974 Act” sets out what the prescribed terms are, I refer you to Schedule 6 Column 2 of SI 1983/1553 for the definition of what is required. Suffice to say none of the terms are present in the document

 

Since this document does not contain the required prescribed terms it is rendered unenforceable by s127 (3) consumer Credit Act 1974.

 

I require you to produce a compliant copy of my credit agreement to confirm I am liable to you or any organisation, which you represent for this alleged debt, if you cannot do so I require written clarification that this is the case and all records of this “debt” removed from my credit file. Should you ignore this request I will report you to the Office of Fair Trading to consider your suitability to hold a credit licence in addition to a complaint to Trading Standards, as you will be in breach of the Administration of Justice Act 1970 section 40. You are also in default of supplying me with the deed of assignment and the default notices as claimed within my first communication.

 

I respectfully request a response to this letter in 14 days

 

Kind Regards,