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HFWho, Silverpoint is their latest 'delivery' company, they send a card second class post with a phone number on it asking you to contact them to confirm that you are the person they have sensitive documents about - a clever [problem] to get you to reveal details you wouldn't otherwise do.

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You're not going to believe this but my partner has rang them today without me knowing and the advisor told her everything about the debt! No security questions asked at all! My plan is for my partner to ring again and this time I'm recording it all. They must think that the laws in data protection are different in India so that applies here.

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You're not going to believe this but my partner has rang them today without me knowing and the advisor told her everything about the debt! No security questions asked at all! My plan is for my partner to ring again and this time I'm recording it all. They must think that the laws in data protection are different in India so that applies here.

 

They did the same to me, they are chasing a debt relating to someone that used to reside at my address but is related to me.

They rang me on my landline and requested to speak to them about an urgent matter,i told them they no longer live here.

The caller called me by my first name and preceded to tell me what it was about,just as well i knew all about the debt,my number is exdirectory and registered with the telephone preference service.

The muppets don't give a fig about breaking data protection.

I have reported them to all relevant bodies.

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HFWho, Silverpoint is their latest 'delivery' company, they send a card second class post with a phone number on it asking you to contact them to confirm that you are the person they have sensitive documents about - a clever [problem] to get you to reveal details you wouldn't otherwise do.

 

No not had a delivery card, just the first letter then the 2nd to which I rang them.

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  • 2 weeks later...

Had another letter stating that I have 72 hours notice of litigation??

 

They are saying I have to contact them within this time frame otherwise it will be passed to their solicitors and then I will be taken to court

 

Getting a bit worried about this now?

 

Any help would be great on what to do next?

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  • 3 weeks later...

Latest update on this is I've asked them to send me the original CCA and all relevant documents. Got a phone call Thursday to tell me this will be here for Monday. I know this is pointless and the debt is stat barred but want them anyway. They managed to get these within a week lol. Will be interesting to see what they actually send.

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Hi

 

Did you ever do a SAR for this? Send with a £10 postal order recorded to the data controller for M and S, you will need to google the address.It will also tell you how the debt was sold to and when which could be important. Good letter attached with home made signature protection.

 

If you can find the last payment made to M&S the debt would have been Stat Barred 6 years after this.

 

Did you send a CCA request to HFO with £1 postal order?

General SAR template.doc

Edited by coledog

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They have sent me the CCA for free? Spoke to them today and apparently a new last payment date has come up in May 2001, i've asked for those details to be sent to me which they are doing?

 

I have never sent a SAR to M and S but this is being sent tomorrow.

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HFWho, did you sort out your bank statements to see if a direct debit had been set up with HFO in 2006?

 

I remember this was your trump card.

 

It’s worth a read through the whole thread to see the history – the original default goes back to 2000, and HFO claimed that a payment was made by the OC ONE DAY inside the 6 year SB limit.

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Hi donkey

 

To answer those questions mate, yes I got my statements and they do show the direct debit, this was set up on the 15/12/06 but they said the last payment to the oc was on 15/3/00. That was a year and a half ago. If this is correct then it is stat barred. Now they are saying there was a payment to m and s on 9/5/01 which would mean that it wouldn't be stat barred. I sent the stat barred letter in May 2009 and also the harassment letter. Then last month they started with the letters again.

 

Is it possible for them to make this new payment date up?

 

I will get the cca up as soon pos thanks

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I have no idea where this new payment has come from? In may 2009 when I sent the stat barred letter HFO told me the last payment to m and s was 15/03/00 now they have a new date of 9/5/01 and the payment for £4 something?

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Presume it is HFO you are speaking to? You should avoid phoning them and ask for everything in writing, If they have statements from M &s to show this payment you need to ask them to send this to you. Really need to see this agreement and anything they have sent and you need to get that SAR off.

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That £4-something payment is probably a fib. The point is that, even if a DD was set up, it was already SB at the time.

 

What this requires as a subject access request to the original creditor, to flush out this phantom payment.

 

A call to M&S may get this info, but I wouldn’t hold your breath.

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Cabot pulled this trick with a poster who is no longer around CAG and they got a Charging Order on the back of it. She had no statements to prove what they were saying but it was exactly the same - a single mysterious payment they claimed she made a day before SB would have kicked in. She won in the end though and CO was removed. :-D

Put them to strict proof of this. It's just too dodgy for words. Haven't read back but do I understand they set up a DD with you in 2007.

Yes get that SAR from them as soon as possible and SAR M&S too.

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You need to send a letter under the CPR rules to HFO stating that you need clear evidence in the following way about the alleged payment in the EXCACT format specified of the payment allegedly made in January 2007.

 

1. Details of bank account payment was made from, including sort code, account number and account holder name

2. If made by postal order copy of postal order which shows issuing post office stamp

3. If made by cheque copy of cheque

 

They HAVE to have this information available for 7 years after the transaction (in some cases 10 years).

 

HFO are being very economical with the truth - even if this payment was made it appears to be a one-off and will not necessarily have reset the statute barred clock if it was made under duress and pressure from them... did you have any calls from them around this time or a spate of letters?

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