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  • 4 weeks later...
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OK well it will come as no surprise to anyone on here but HFO have not responded to my last letter despite giving them much more than the 14 days allowed in the letter. I have now decided to make this a 2 pronged attack and decided to get the CRA involved... They are the ones who process this data and seem to be getting an easy ride in this. So here is my communication, thoughts and advice please...

Letter to HFO

 

Dear Sirs,

I do not acknowledge and debt with HFO, Barclaycard or any affiliated company.

I write with reference to my previous communication dated ** *** 09 in which I once again requested a copy of the full executed agreement with the prescribed terms in accordance with section 78 of the Consumer Credit Act 1974. As with my previous communication I have received what seems to be an application form which does not contain the prescribed terms to make this "debt" legally enforceable. As I am sure you are aware the legally prescribed terms include credit limit, interest rate, payment terms and signature's from all parties this application form includes no prescribed terms what so ever. I have also requested a true certified copy of the default notice currently showing on my credit file.

This agreement is simply unenforceable as there is no documentation to support your claims that I owe this money and this "debt" can not be perused. Furthermore you are in clear breach of the Data Protection Act 1998 as you do not have any documentation containing my express written permission to process my personal data in connection this alleged account. Unless you can provide me with documentation in which I gave HFO, Barclaycard of affiliated groups my written permission to process my personal data, I require them/you to cease all use of my personal data, with immediate effect and remove all entries from my credit reference reports. It will not be good enough to assert that I must have signed it – I require clear documentary proof of written permission.

 

I will now allow a further 14 days for you to supply me with this information. Your none response strikes me as not only unprofessional but also brings into the moral concerns for HFO and any affiliated groups. If you are unable to locate my previous communication I will be able to supply you with a proof of delivery from the Royal Mail website although this will not extend your 14 days.

 

In addition to this communication I will also be filing a dispute with the Credit Reference Agencies. At this point this is the only action I will be taking however after 14 days if you have failed once again to supply me with the correct information I will start formal complaints to the Information Commissioner and the Office of Fair Trading Consumer Credit Licence Fitness Department re gross misuse of my personal data and blatant breaches of the consumer credit laws.

To simplify my request,

I require 1) A signed agreement with the correct prescribed terms 2) A true certified copy of the default notice 3) Any documentation showing my agreement for HFO or any affiliated group to process my personal data

When - 14 days

 

Kind Regards,

 

Me

Letter to CRA

Dear sirs,

 

I writing with reference to a "default" that you have showing on my credit file from HFO on ** ** 2007. I do not acknowledge this "default" and request the removal of this immediately. With reference to section 78 of Consumer Credit Act 1974 I have requested a copy of the executed agreement along with a true certified copy of the default notice. I understand that for you to process my data you must have received this documentation. My complaint with HFO has been ongoing along with my request for information for over 6 months now and still I am to receive this documentation.

 

Furthermore the Data Protection Act 1998 clearly advises that my permission must be given for any company to process my personal data, there has been no documentation supplied that proves that HFO or Barclaycard are legally entitled to process my data.

Unless you uncover sufficient documentation to support HFO's claims of a default on the date and for the amount please can you remove this from your records with immediate effect.

 

Regards,

Me

 

 

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Letter to CRA

Dear sirs,

 

I writing with reference to a "default" that you have showing on my credit file from HFO on ** ** 2007. I do not acknowledge this "default" and request the removal of this immediately. With reference to section 78 of Consumer Credit Act 1974 I have requested a copy of the executed agreement along with a true certified copy of the default notice. I understand that for you to process my data you must have received this documentation. My complaint with HFO has been ongoing along with my request for information for over 6 months now and still I am to receive this documentation.

 

I'm afraid the CRA's will more than likely just ask HFO if they have the right to continue marking your credit file, HFO will say yes and they will accept that at face value.

 

Sometimes they take more notice when you start threatening their cushy life with an LBA but I'm afraid the ICO itself is telling the CRA's they can mark credit files if there is a history of payments being made that show an agreement once existed even if they dont have the forms, implied permission if you like, wouldnt stand up in court tho I would think.

 

Its all a cushy boys club (banks -- dca's -- cra's)

 

S.

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OH just a thought (I think I might have read it somewhere a few weeks back now)... Am I right in thinking that HFO have 28 days to respond to a request by the CRA. If they do not respond within 28 days I can force the removal from my file?

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  • 2 weeks later...

Just thought I would keep you guys updated and this is the response I have had from Experian...

 

Thank you for your email, which we received on 01 June 2009.

 

In view of your comments about HFO Services Ltd, I am writing to them for you, as I cannot amend your report without their consent. While I investigate your comments, I am adding the following statement to the information you have queried.

 

"THE CONSUMER HAS DISPUTED THE ACCURACY OF THIS ENTRY AND WE HAVE THEREFORE ASKED THE PROVIDER TO INVESTIGATE IT. GIVEN THAT THIS DATA IS DISPUTED, PLEASE TAKE CARE IF MAKING AN ASSESSMENT OF ANY KIND THAT MAY INCLUDE THIS DATA."

 

I will let you know what they say as soon as they reply.

 

Your report will change in the next seven days. Please use this correspondence if you need proof in the meantime.

 

The account information we hold actually belongs to lenders. Only they can amend it or tell us to amend it for them. When companies provide information to credit reference agencies, they do not provide documentation regarding credit agreements.

 

Once we have received further details from HFO Services Ltd, you will be notified immediately.

 

Kind regards

 

Mr Martin C Breslin

Consumer Services Officer

Experian Interactive

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Well it really is amazing that HFO has responded so quickly to Experians request but I am still left high and dry... Just taken back by this response.

 

Further to our recent correspondence, I have been contacted by HFO Services Ltd (C8). They have confirmed that the details we hold are accurate and have requested that we retain the information on our database. Unfortunately I am unable to amend this information without the authorisation of the company in question.

 

The 'Notice of Dispute' will remain on your report for 28 days. It will then be removed, unless I receive further notification from you:

 

"THE CONSUMER HAS DISPUTED THE ACCURACY OF THIS ENTRY AND WE HAVE THEREFORE ASKED THE PROVIDER TO INVESTIGATE IT. GIVEN THAT THIS DATA IS DISPUTED, PLEASE TAKE CARE IF MAKING AN ASSESSMENT OF ANY KIND THAT MAY INCLUDE THIS DATA."

 

If you have any further queries or wish to discuss this further, may I suggest you contact the company concerned direct at the following address:

 

HFO Services Ltd,

Lavender Park Road,

West Byfleet,

Surrey,

KT14 6NP

 

Kind regards

 

Mr Richard Haigh

Consumer Services Officer

Client Queries

 

Rentarded pondering response!

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No wonder dca's behave in such an appalling way, in some respects, they are given permission to do so! Surely this info cannot be allowed on the report when it is clearly in dispute? This could have a huge impact when applying for mortgage or credit, surely this can't be allowed? Sorry I can't offer help, hopefully someone more knowing will be able to advise soon!

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Using another post and editing where appropriate I have come up with this letter that I will be sending to HFO. I am in no doubt that I will end up in court over this and to be honest I am actually looking forward to it!!

 

In the absence of strict proof of an enforceable credit agreement containing prescribed terms as required in Law, I would suggest it in your interest to remove this default immediately. To mark it as settled is unacceptable. I require it's complete removal. This alleged debt is irredeemably unenforceable and should therefore not exist.

 

In view of the shocking lack of communication I now I expect this matter to be dealt with promptly and without question - and for this reason I will expect the complete removal of the default by close of business on Friday 26th June 2009.

 

At 6pm on Friday 26th June, I will purchase and view a copy of my credit reference file from Experian or another reputable Credit Reference Agency and if the default is still present, I will issue a claim against you for costs resulting from the issue of this default and damage to my (previously impeccable) financial reputation. I should not need to explain the situation presented to me as a result of the default although it has caused some considerable loss to my financial situation.

 

If you are in any doubt or intend to refuse this request, then may I please suggest you first study carefully the case of Kpohraror v Woolwich Building Society - Mr Kpohraror sued the bank for damage to reputation following a (wrongly) bounced cheque. The pertinent part of the Court of Appeal judgement was:

 

"The credit rating of individuals is as important for their personal transactions, including mortgages and hire-purchase as well as banking facilities, as it is for those who are engaged in trade, and it is notorious that central registers are now kept. I would have no hesitation in holding that what is in effect a presumption of some damage arises in every case, in so far as this is a presumption of fact."

 

For the avoidance of doubt, if my request is not executed to my satisfaction by the time I purchase a copy of my record on 26th June 2009, a further notice pursuant to s.78(1) of the Consumer Credit Act 1974 and Data Protection Act 1998 will be issued to you without hesitation.

 

I please ask that you be in NO DOUBT as to my resolve in this matter, after having 'financial doors' quite literally slammed in my face for the last year as a result of your actions.

 

Best Regards

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  • 3 weeks later...

Things are getting serious...

 

HFO Ref No XXXX

I do not acknowledge any debt to your company

You now have only 5 working days to prevent further action

Dear Sirs,

I write with reference my last communication dated 11th June 2009. Although I am very disappointed by your lack of a response and action I am not entirely surprised. Your commitment through out this ordeal has been very unprofessional and true to your reputation of sub standard debt collecting agency who’s grip on reality and documentation is somewhat lacking.

Through out my communication with you I have made 5 requests for you to send me a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. These requests have been ignored and I have been left very frustrated even though I know these requests have been received as all of my communication has been sent via recorded delivery.

You have now left me with a clear and precise message, you are obviously not willing to follow the law or you legal requirements. I will be pursuing complaints through the governing bodies as an initial step and then I will start legal proceedings to have this “account” removed from your files and credit reference agencies in the absence of agreement as required by law.

I will make my final point and your final opportunity very clear – If you do not wish for further action then you have until Friday 10th July to remove all of my details from you system and all of my details from credit reference agencies. If you failure to do so then I will be left with no option than to start legal proceedings.

Yours Faithfully,

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  • 2 weeks later...

OK I think I am going to have to get some reading up done as it looks like we will be going to court over this. On Saturday I received a letter stating that this is the second time they have responded to my request and I should find enclosed a copy of my application from. Attached was the form that received a couple of months back but still no credit agreement or any other documents to support this "debt". I was amazed that I actually received a response but after months of ignored letters and 2 application forms I honestly have no other options left... This is where I need helps guys.

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  • 1 month later...

I'm back off holiday and after checking my credit file instantly became angered as a perfect credit history is been hammered by the idiots that are HFO. They updated the file last week and have advised the cra that all the details are correct...

I know have no more options left, I have to take them to court... I have tried everything but!! I have recieved a 2 responses to 9 letters asking for a copy of the agreement in which I have been sent an application form with NO terms in place.

Has anybody any advice or link to a similar situation to me? I have looked through the forum and cannot find anybody who has been on the offensive.

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I'm back off holiday and after checking my credit file instantly became angered as a perfect credit history is been hammered by the idiots that are HFO. They updated the file last week and have advised the cra that all the details are correct...

 

I know have no more options left, I have to take them to court... I have tried everything but!! I have recieved a 2 responses to 9 letters asking for a copy of the agreement in which I have been sent an application form with NO terms in place.

 

Has anybody any advice or link to a similar situation to me? I have looked through the forum and cannot find anybody who has been on the offensive.

 

Before even an LBA, I think you'd be well advised to ask for a copy of HFO's complaints procedure and exhaust this first. This will include reiterating all your requests and backing it up with copies of correspondence.

 

You should also be asking for a full statement of all alleged transactions on the account (have looked through the thread - can't find reference to this) so we can see exactly where the balance has come from. For example, if you accidentally left a 5p debit on the account, it may have racked up untold charges.

 

It may be a slow process, but once you've sent the letter, copy it to the FSA and Trading Standards, and raise the dispute with the CRA again. They cannot ignore you (but they will try), and it might be a long process.

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

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Donkey thank you ever so much for that... I guess the complaints procedure is my next point of action.

 

All my communication has been sent recorded delivery and I have kept absolutely everything so I am fully armed and ready for this fight. It just seems so unfair that after months and months of ignoring me they have another get out on this. The sad thing is we are ready to buy a house, have the deposit and house prices around us are looking pretty good at the minute but HFO are the ONLY thing stopping us from getting on with our lives. I feel trapped by them and I honestly do not know why!!!!

 

I am now thinking that my next point of argument should be a letter of complaint accompanied with all communication and a request for their full complaints procedure breakdown OR should I try and obtain the complaints procedure first?

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Personally I'd ask for the complaints procedure - it's all gone on long enough. Copy everything in to your local trading standards - try and get a contact there you can deal with direct, so they can witness at first hand how it unfolds. Sullying your credit record without justification is a pretty serious matter, so I'd hope they'd be interested.

 

I'd also resend a request for a valid CCA, details of statements, notice of assignment and default notice. Put another £1 in so they can't refuse to comply.

 

If they don't have a written complaints procedure in place or they fail to respond - give them a strict deadline and threaten legal action if they don't comply - they're in more trouble.

 

You are dealing with the lowest of the low here. I can prove they're highly economical with the truth, as can many others, so keep everything recorded or sent by special delivery. I know people say don't call them, but if you're armed with a voice recorder and have killer questions at hand it can often be a good way of catching them off guard and getting some damning evidence when they tell you porkies on the phone.

 

You should really go to town on this one. I suspect you will need to issue a claim form eventually, but I think at that stage their position would be indefensible.

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

If a Cagger helps you, click their star. Better still, make a donation however small, so that CAG can continue to help others.

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  • 2 months later...

I am absolutly stuck and frustrated now!!! We (my partner and I) would like to buy our first house, we have had the funds in place for over a year now but I will not be able to get a mortgage with this set of lies on my file. HFO have ignored my complaints, requests and have arsed set me an application form with NO correct terms on it. They ARE harming our lives now with no agreement in hand, where can I go and how the hell can people get away with this?????

 

It's just wrong it stinks and I don't know what to do!!!

 

I'm so so angry and don't know where to turn, would a solicitor be able to help with this?

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The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.”

Andrew Mackinley MP, House of Commons, 22 April 2009

 

Write to your MP as well as Andrew Mackinley,

It is about time these people were shut down!

US President Barack Obama referred to Ugland House as the biggest building in the world or the biggest tax SCA* in the world.

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OK I have dusted myself off and stopped sulking a little and have now decided to go at this in 4 different ways.

 

1. I am going to send a letter of complaint (again) to HFO informing them of all of my actions

 

2. Send a letter explaining the whole situation to Barlaycard CEO and explain that I will if needed go to court and claim damages

 

3. Continue to push the CRA on this

 

4. Send a letter to the ICO asking them to investigate

 

I am still absolutely fuming about this and hope my new 4 pronged attack will bring me the resolution I need.

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Give HFO a strict time limit, given that you have complained previously, ie. 7 days and no more. Send it recorded.

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

If a Cagger helps you, click their star. Better still, make a donation however small, so that CAG can continue to help others.

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Absolutely AMAZED!!!!

Sent an email to Barclaycard CEO yesterday at 16:00, this morning 9:36 I have a missed call and a voicemail from the director’s office. Time to call him back now me think... I’ll let you know

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Can you record the call, for your own purposes and reference?

 

Can't wait to hear about the response!

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

If a Cagger helps you, click their star. Better still, make a donation however small, so that CAG can continue to help others.

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Interesting! Does it involve a tree, a rope and a mob?

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

If a Cagger helps you, click their star. Better still, make a donation however small, so that CAG can continue to help others.

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