HFO SERVICES hassle

[HFwho?]

Thanks for the great replies im going to hang fire until the statements come through the door, shouldn't be long now.

 

This is not only annoying me but also my girlfriend as she has had to answer the phone to them on many occasions and they have actually made her get upset and start crying on the phone. Some of the things they used to come out with was saying they would be coming round to the house and just collecting everything we own. I know and most people know that was never going to happen but it was hard work trying to assure my girlfriend that they cannot do that!

 

Thankfully these phone calls have stopped and they started to be very nice and well mannered when they do ring. I know why that was because of the Radio 4 broadcast around the same period, the reps had obviously been told to stop it or be out of a job.

 

If these statements come back and there is no direct debits on them (90% sure there not), I want to try and take these people to the cleaners. I'm panicking now that they could be on there and I look such a fool!!

 

Thanks again for all the help and i'll keep you posted.

[DonkeyB]

Even if they are there, I think the default date may be dodgy. It just smells - the dates are too convenient. Have you sent the 'harassment' letter, ie. only deal with you in writing? If you do and they don't oblige it's all ammunition to help them lose their licence (though they seem quite capable of doing that without the help of CAG).

[HFwho?]

Is there a link available for a harrassment letter template?

[DonkeyB]

http://www.consumeractiongroup.co.uk/forum/letter-templates/131250-dca-creditor-harassment-telephone.html

 

Adapt to suit.

[I've got no money]

HFO - my heroes - subbing

[fedup21]

subbing

[HFwho?]

....

Edited May 16, 2009 by HFwho?

[fedup21]

Think all this needs looking at in lot more detail. I thought it was 6 years for stat barre to come into force, those dates seem bit to convenient, could do with some confirmation that you actually did set up direct debit on that date, did HFO tell you that date, or bank? Need more help on this one, hopefully some one more experienced will be along soon! Hoping it will have been stat barred, but no idea what happens if that's the case, would they then owe you money?

[HFwho?]

....

Edited May 16, 2009 by HFwho?

[fedup21]

from my understanding, a debt becomes statute barred 6 years from default, providing that it has not been acknowledged in any way. Thats why could do with knowing when direct debit was set up, but to be honest, these dates seem very fishy. Do you remeber having any contact with them in 2006? I'm assuming if YOU actually did set up the direct debit, you had contact with them?

[fedup21]

Something is not right here. How comes HFO went for nearly two years adding broken plan charge? That is not how they work I'm sure. You break plan, plan cancelled they begin harrasment again. Did you hear from them between 2006-2008? But in any event, it looks like it was statute barred, but the set up date for direct debit could be crucial here. Whole thing seems fishy to me, think you would remember setting up a direct debit with them. Have you ever recieved any letters from them? They would've sent confirmation of payment plan. In any event, the charges they have levied, are probably not under your original T&C's, nice they have given you that in writing! Any reply to CCA?

[fedup21]

Sorry for keep posting, but just had another thought. I am correct in saying that HFO DONNOT have your address? I they don't, how can they be sure they even have the right person? Is this not important? Did you fill out a direct debit mandate at all? HFO told me a couple years ago that that dont accept payments through direct debit? I actually think the onus is on them now to prove this debt, and that it is not statute barred.

[fedup21]

And sorry, one more thought. Would HFO have had the documents from the original debt? Would these have included bank details? I just find it odd that they alledge you set this direct debit up, but you have no memory of it? In any case, I would think they would need to provide evidence that you set this up.

Also check out the last three dates on the statement from HFO,

18/08/07 broken plan charge

18/02/08 broken plan charge

29/10/08 broken plan charge

Why so long between dates, and why no direct debit on these dates? looks like no attempt for payment was made? Just does not add up, HFO letting it go son long with harrassing calls?

Edited May 5, 2009 by fedup21

[HFwho?]

I know what you're saying but i honestly cannot remember setting this direct debit up i definately did not sign anything. They don't have my current address and all i have had is phone calls. They say that the direct debit was set up on the 27/11/06.

 

Surely it would not take nearly 3 years to get this debt to court? Even if they did not have my address? Had another call today, not answered it though.

 

So to round up where I am at the minute, I need the right default date from them? If this did go to court they would have to prove the default date of the apparent debt, not only that they would have to provide the cca? If they have not got these would they win this case?

Edited May 16, 2009 by HFwho?

[fedup21]

ok, more help needed me thinks! yep, think default date is very important, not sure how to get this, but obviously, that would be a gtreat starting point! OK, as for the direct debit, I actually think they would need to prove that you set that up, bearing in mind you have no idea about it, not for me to imply they may have alledgedly been very very naughty, but should be considered! Wonder if your bank has acopy of the mandate? Right hopefully donkey or someone with plenty knowledge will be along to point you in right direction.

 

Also, I think if there is a doubt that you did not set up direct debit, it really needs looking into, whole load of legal implications for HFO.

[I've got no money]

And sorry, one more thought. Would HFO have had the documents from the original debt? Would these have included bank details? I just find it odd that they alledge you set this direct debit up, but you have no memory of it? In any case, I would think they would need to provide evidence that you set this up.

Also check out the last three dates on the statement from HFO,

18/08/07 broken plan charge

18/02/08 broken plan charge

29/10/08 broken plan charge

Why so long between dates, and why no direct debit on these dates? looks like no attempt for payment was made? Just does not add up, HFO letting it go son long with harrassing calls?

 

Broken plan charge...I don't think so...how much is that one...

 

Can I suggest that you speak to your bank and get them to give you details of this DD

[DonkeyB]

A couple of points.

 

1. HFO's statement said they took money on 13 December. You say 15 December on your statement. This is important. Which is correct? If it was taken on 15 Dec, that is 6 years and ONE DAY after their claimed default date.

 

2. The original default date is central to this, as fedup says. You need evidence of this. Suggest a letter to the OC and one to HFO requesting proof. Also, perhaps worth checking your credit file - a bit of a long shot, but you never know.

 

3. Ask your bank for details of how and when this DD was set up, and which details were used to set it up. If it was done over the phone or electronically, they should still have a record; your bank would have written to you confirming details of the DD. If you filled in details on a DD form, they should have a record. However, if you made a debit card payment and those details were used to set up a DD without your knowledge, there is a bigger, more sinister problem. I'm also puzzled as to where the DD amount came from.

 

4. When this DD was supposedly set up, were you at a different (previous) address?

 

What's still more important here is that there is probably still to valid CCA. Without this, they're shafted anyway, even if they claim you made (or you did make) a payment.

[DonkeyB]

Sorry INGM, overlapped.

[HFwho?]

Hey thanks for getting back so quickly,

 

 

1. HFO's statement said they took money on 13 December. You say 15 December on your statement. This is important. Which is correct? If it was taken on 15 Dec, that is 6 years and ONE DAY after their claimed default date.

 

2. The original default date is central to this, as fedup says. You need evidence of this. Suggest a letter to the OC and one to HFO requesting proof. Also, perhaps worth checking your credit file - a bit of a long shot, but you never know.

 

3. Ask your bank for details of how and when this DD was set up, and which details were used to set it up. If it was done over the phone or electronically, they should still have a record; your bank would have written to you confirming details of the DD. If you filled in details on a DD form, they should have a record. However, if you made a debit card payment and those details were used to set up a DD without your knowledge, there is a bigger, more sinister problem. I'm also puzzled as to where the DD amount came from.

 

4. When this DD was supposedly set up, were you at a different (previous) address?

 

Hope this helps a bit more.

Edited May 16, 2009 by HFwho?

[DonkeyB]

1. HFO's statement said they took money on 13 December. You say 15 December on your statement. This is important. Which is correct? If it was taken on 15 Dec, that is 6 years and ONE DAY after their claimed default date.

This is on my statement in black and white saying it was taken on the 15/12/06

GREAT - THIS SHOWS THEIR STATEMENT TO BE A COMPLETE FABRICATION! IT MAY BE STATUTE BARRED ESPECIALLY IF THEY HAVE NO OTHER RECORD OF ACKNOWLEDGEMENT. CAN YOU CHECK OTHER DATES ACROSS THE STATEMENTS?

 

 

This could be getting good...

[HFwho?]

....

Edited May 16, 2009 by HFwho?

[fedup21]

looking like the onus will be on them to prove it was not statute barred! Well done donkey!

[I've got no money]

This could be getting good...

 

I would definitely agree with that...

[fedup21]

Hi Hfwho, any luck with bank? Another thing to be aware of with their dirty tactics, they alledge direct debit was set up 0n 27/11/06, for a debt to be statute barred, it cannot be acknowledged in the six year period, what would be classed as acknowledged? Would it be a payment to them, or the alleged setting up of a DD? Just want to make sure all eventualities are covered! Although I would assume they would need to provide proof when you dispute this?

[DonkeyB]

Hi fedup

 

That's exactly why, if they say they have no other evidence of setting up the DD (because they've destroyed it) they are stuffed; HFwho is entitled to know how the supposed DD was set up and if it was done by him. If HFO amazingly rediscover some extra paperwork, more questions will be asked.

 

... and there's still a huge question mark over the original default date.

Edited May 5, 2009 by DonkeyB