HFO SERVICES hassle

[fedup21]

yep, totally agree, just better to be prepared and one step ahead! Pretty sure that Hfwho will be absolutely fine, Just matter of waiting now I suppose, will be interesting to see what they come with to support DD claim. just awful that people are continuously put through this, god, just when will they stop?

Edited May 5, 2009 by fedup21

[HFwho?]

I've been reading some other threads and i'm thinking this debt was a statute barred debt. The problem is they are saying a default date for a reason but that does not mean it's the start of the limitation time. As stated by a site team member the starts after around 2 missed payments, in my case this would fall around June, July, August time in 2000 way before December when HFO have stated the default date was. I know this because my last actual payment to the OC was March 15 2000 for £4. HFO kindly told me this on the phone.

 

Really could with some help on what to do next. With these dates they are not actually doing anything unlawful they are just sneaky about the whole thing trying to get me to pay a statute barred debt.

 

I think this is why they have not tried to take it court, it would get thrown out surely before they even began anything.

 

 

 

Is there anyone that can clarify this for me and also the dates surrounding this issue if the debt would infact be classed as already statute barred when the first DD came out the bank?

 

Are you allowed to contact any of the site team for any kind of answers like this? Just to be sure if you know what I mean

Edited May 16, 2009 by HFwho?

[DonkeyB]

You've just said it all yourself - we all think it's SB! Knowing the genuine default date has some merits though.

 

First of all, they might have made it up, hoping you won't check, and it fits their plan. But they would only have done this if they KNEW it was statute barred, so proof that they have (a) made up the default date and (b) lied about the payment date will give rise for complaint and possibly even a claim against them.

 

They are relying on you not knowing the SB law.

 

If you write to them stating the debt is SB and they continue to contact you, they will be in serious trouble with the OFT.

 

As you've said, there may be issues surrounding the setting up of the direct debit. You know they've lied about the DD date, and I think they've done this to imply it's not SB - they're not smart enough to know the SB period begins when you last acknowledged the debt.

 

You are right, acknowledgement of debt needs to be in writing. But even if you completed the DD mandate, it's well out of time. You probably need to write off what you paid as down to experience though, unless there's something dodgy about the DD.

 

Hopefully a legal bod can confirm this.

[HFwho?]

Thanks Donkey, it's good knowing that people are on here to help. I'm fine with losing the money already paid to them. Need to get the letters sent today.

[DonkeyB]

May be worth waiting to get my completely amateur theories checked out by one of the heavyweights!

[sam614]

May be worth waiting to get my completely amateur theories checked out by one of the heavyweights!

 

not amateur lol:)

fudged their dates slighty.it was statute barred! and they knew it.

 

LOWELL tried this theory when i claimed statute barred,they claimed that they had a last payment bank slip.did ask for it on no less then 6 occasions,and they could not even produce it for OFT.so case closed...well till they pass on:-o

SAM:pLOWELL DETESTER

[make them aktiv runners]

Date of last payment 15 March 2000. The limitation period begins from 15 March 2000. Only if you had never paid would the limitation period begin from a later date.

 

The DD in November 2006 is irrelevant because the limitation period ended on 14 March 2006. Just a point which is irrelevant to your particular case, the clock can restart if you make written contact or payment within the 6 years, for a DD it would be the date you agreed to setting it up.

 

Once statute barred it cannot be resurrected by a later payment. See section 29 of Limitation Act.

[HFwho?]

I have done a letter to send to them any comments would be greatly appreciated, what you think Donkey is it along the right lines?

 

Dear Sir/Mada

 

HFO Services have contacted me regarding the account with the above reference number, which you claim is owed by myself. [

HFO Services have stated to me in recent telephone conversations the last payment of this alleged debt was made on 15/3/00 and then HFO Services have also stated that a direct debit was set up on the 27/11/06 with the direct debit coming out of my bank on 15/12/06. I would suggest that HFO Services should prove this to me.

I would point out that under the Limitation Act 1980 Section 5 “an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.”

I would also point out that the OFT say under their Debt Collection Guidance on statute barred debt that “it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period”.

The dates above seem to show that the alleged debt would have expired the limitation period and therefore this debt would be regarded as a statute barred debt at the time HFO Services say I arranged this unproven direct debit.

No acknowledgement or payment had been made in between the dates 15/03/00 and 15/12/06. Unless HFO Services can provide evidence of payment or written contact from me in the relevant period under Section 5 of the Limitation Act, I suggest that you are no longer able to take any court action against me to recover the alleged amount claimed.

 

The OFT Debt Collection Guidance states further that “continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment” contrary to CPUTR2008

 

I await your written confirmation that this matter is now closed and that no further contact will be made concerning the above account after that last letter

 

I look forward to your reply.

Yours faithfully,

Edited May 6, 2009 by HFwho?

[DonkeyB]

Sounds fine, and I almost hope they ignore it and contact you again...

[HFwho?]

May be worth waiting to get my completely amateur theories checked out by one of the heavyweights!

 

No way an amateur mate, I think that im more that. Just really panicking about this now. Been on the phone again tonight and they said they dont have the date of the last payment to the OC, arrrghhhhhh!!

[DonkeyB]

No way an amateur mate, I think that im more that. Just really panicking about this now. Been on the phone again tonight and they said they dont have the date of the last payment to the OC, arrrghhhhhh!!

 

They had it before. They're telling fibs! Doesn't matter anyway!

[fedup21]

Hfwho, don't panic! Donkey is brill, by the time he's finished tearing them apart, they won't have a leg to stand on. All seems positive to me, of course they will try and fib they way out of it now they realise you know the score!

[DonkeyB]

Thanks for the kind words, fedup, but all I'm applying is logic and common sense, and a bit of forensic admin - not law. These sharks rely on people's ignorance of the law and their rights, and having seen them off myself I want to make sure others don't suffer at their greasy, smelly, pox-ridden hands.

 

I do not condone debt avoidance but I will always defend anyone who has suffered, however lightly, at the hands of these people, especially when their means are foul rather than fair. Like many posters on here - like yourself - if we can help just a little, then it's worthwhile. CAG helped me, and I owe it!

 

Ooh, I'm angry, aren't I?

[fedup21]

Couldn't have put it better myself! Amazing what anger can provoke, as you know I've had an awful time with them, Cag gave me the strength at a time when I needed it. I will still continue to fight, every flaw I find now, just seems to trigger a complaint! But you know what, it WILL be worth it, not just for me, but all that have suffered at their hands. Just awaiting a response from quite important body now, shouldn't be too long I hope, I finding it difficult not to spill the beans!

[make them aktiv runners]

I have done a letter to send to them any comments would be greatly appreciated, what you think Donkey is it along the right lines?

 

Dear Sir/Mada

 

HFO Services have contacted me regarding the account with the above reference number, which you claim is owed by myself. [

 

HFO Services have stated to me in recent telephone conversations the last payment of this alleged debt was made on 15/3/00 and then HFO Services have also stated that a direct debit was set up on the 27/11/06 with the direct debit coming out of my bank on 15/12/06. I would suggest that HFO Services should prove this to me.

 

I would point out that under the Limitation Act 1980 Section 5 “an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.”

 

I would also point out that the OFT say under their Debt Collection Guidance on statute barred debt that “it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period”.

 

The dates above seem to show that the alleged debt would have expired the limitation period and therefore this debt would be regarded as a statute barred debt at the time HFO Services say I arranged this unproven direct debit.

Change above to: The dates above show that the alleged debt did indeed expire the limitation period on 15 march 2006. Furthermore section 29(7) of the Limitation Act states "a right of action, once barred by this Act, shall not be revived by any subsequent acknowledgment or payment." Consequently this debt was statute barred at the time HFO Services say I arranged this unproven November 2006 direct debit and a new limitation period cannot accrue.

 

 

No acknowledgement or payment had been made in between the dates 15/03/00 and 15/12/06.

Above should go higher up your letter to make it follow in order.

 

Unless HFO Services can provide evidence of payment or written contact from me in the relevant period under Section 5 of the Limitation Act, I suggest that you are no longer able to take any court action against me to recover the alleged amount claimed.

 

The OFT Debt Collection Guidance states further that “continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment” contrary to CPUTR2008

 

I await your written confirmation that this matter is now closed and that no further contact will be made concerning the above account after that last letter

 

I look forward to your reply.

 

Yours faithfully,

Couple of amends

[HFwho?]

Brilliant thanks for this.

[HFwho?]

:evil:Still getting the phone calls about 3 a day but they have started to ring and as soon as i answer they stay online for about 2 secs then put the phone down????? What's that all about?

[DonkeyB]

I think they have a crush on you

[fedup21]

Hi hfwho,

Have you sent a writing only letter? Start keeping a log of the dates, time of calls, maybe of use especially if they are chasing a statute barred debt, then you can send it to OFT & Trading standards. Still, they obviously have plenty of money to waste making these calls, wonder if they have recieved your letter yet?

[fedup21]

I think they have a crush on you

:grin::-D

[DonkeyB]

Out of interest, do you know if these calls are originating in India or the UK? The Hetherington column in the Mail on Sunday seemed to imply that some calls were coming from the UK - certainly TR themselves were also making 'collection calls' and empty threats - and I was wondering if the lackeys in India are now pretending to be from TR too. All very messy.

[HFwho?]

Not sure where they are from but they say they are HFO Services? The numbers always start 0203 and 0845. I'll put the numbers on here if it helps.

 

To be honest they sound english/indian, if that makes sense, not full indian. I have to watch what I say i'll be called racist!

[DonkeyB]

That's in no way racist - it's a simple statement of fact. Remember, Indian call centre staff are (famously) coached in how to speak proper English like what we does. (Wish Demon Internet would do the same...)

 

Maybe someone else with experience of calls from the muppets could tell us whether they get these numbers, or 'number withheld'.

[fedup21]

I've had the 0203 number, I think it may be from UK, however, just can't be sure, but sounded very English to me. I also did get a lot of withheld numbers, ages ago, phone would be answered then would be hung up, I got BT to block numbers from witheld, worked a treat! Does cost, but is worth it!

[I've got no money]

I've had the 0203 number, I think it may be from UK, however, just can't be sure, but sounded very English to me. I also did get a lot of withheld numbers, ages ago, phone would be answered then would be hung up, I got BT to block numbers from witheld, worked a treat! Does cost, but is worth it!

 

I thought 0203 numbers were Skype or foreign numbers or both

 

On the Indian call centre thing - a certain bank used to make their Indian staff watch Coronation Street - so that they could chat to customers...