Hfo Services Cca Request Help!! *** Discontinued ***

[bugsy123]

HFO originally refused an offer of payment on a credit card debt while all others were happy to do so. CAB arranged all offers but hfo refused. I was miserable and desperate and HFO were threatening in their action to put a charge on my house. I offered a more substantial payment out of my kids family allowance and asked them stop interest and charges. they refused so I thought court would be my only chance. I have been in agreements with all my other cards for 2-3 years now. after finding this site I sent off a cca request with my £1 postal order and they sent me an "application form" their words. The prescribed terms missing although signed and dated by me. Last week I then sent a letter to tell them that they failed in the cca request to send the right document and the deed of assignment. Please send the cca or basically squash the debt. Today I have recived a letter saying " please find enclosed copies of the statements we have recieved from barclaycard in regards to the above account" Can anyone shine some light on their tactics because I dont know what to do next. Can I put the account into dispute until a proper agreement with the prescribed terms has been produced? Is there a letter on the forum I could use? many thanks

[debt4get]

yes you can now put the account into default, you can try this if you want

Your ref

Re: my request under the Consumer Credit Act 1974

Thank you for your recent letter sent to me, the contents of which are noted. I appreciate your quick response to my original letter. However, the reply received by me does not fulfill your requirements under the Consumer Credit Act 1974.

The Act demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above account. I may ask for this on demand providing that a fee of £1.00 is paid. This fee was sent with my original letter.

My request remains outstanding. An application form for credit, like the one you sent in your reply, does not constitute a true copy of any credit agreement that may or may not have been signed by me on the opening of this alleged account. An application form neither confirms that I am liable for any alleged debt to you, nor gives me any chance to evaluate whether any original agreement was ‘properly executed’

I still require you to send me a true copy of the original credit agreement that you allege exists. As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This means that unless you can produce such an agreement, this alleged debt is not enforceable in law.

You had until xx/xx2009 (12+2 working days after the request was made) to provide me with the true copy I requested. You will then be in default of my request. Any account I hold with you is now in legal dispute. Whilst the account remains in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, nor make any further charges to the account. Additionally, you are not entitled to register any information on this account with any credit reference agency.

To register information with a credit reference agency, you must have written consent from the customer to collate and share such information. This consent is given in the form of a signed credit agreement, so until you produce such an agreement, you may not do this.

The requirement for consent to share data is a clear requirement of the Data Protection Act 1998. Any such attempts to share my data without my consent will be met with a complaint to the Information Commissioners Office the time limits, which are laid down in the Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983 are clear. You must supply an executed credit agreement within 12 + 2 working days of a proper CCA request. If you fail to comply with a legitimate request the account enters a default situation.

To sum up, I will not be making any payments to you until you provide me with the document I have requested. Whilst you remain in default of my request, you are not permitted to take any action against this account. This includes adding further charges and passing any information to the credit information industry.

I expect you to write to me confirming that the account has been closed and no further action will be taken.

I look forward to your reply.

 

Yours faithfully

[bugsy123]

hi guys put in a sars request to barclaycard and asked for everything. all they have sent back for my tenner is a bunch of copy statements. no credit agreement, no deed of assignment, thats it! how did Hfo manage to send me a copy of the notice of assignment when barclaycard couldnt?

[Bazooka Boo]

Deed of assignments can only be asked for by a judge, I think you mean a Notice of assignment?

 

What SAR did you send Barclays?

http://www.consumeractiongroup.co.uk/resources/templates-library/86-debt-collectors/576-subject-access-request-debt-a-dca is the preferred template you should send.

 

As for Account in dispute; http://www.consumeractiongroup.co.uk/resources/templates-library/86-debt-collectors/571-failiure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale is again the preferred letter template.

[Delta-Charlie-76]

Hi bugsy123 if they haven't responded to your CCA request within the 12 + 2 working days, you are under no obligation to pay them, send them the account in dispute letter, also complain to the OFT. Do you get lots of telephone calls off them? If so send the telephone harrassment letter, if they phone just insist on 'everything in writing' or just put the phone down...never speak to these cretins over the phone, they are very aggressive & rude...some of their operatives I struggled to understand them because of their questionable English & their foriegn accents, like I said never speak to them on the phone.

 

They are very persistant, even after you have sent them the account in dispute letter & telephone harrassment letter, you will also start getting letters & phone calls from their solicitors Turnbull Rutherford...again complain to the OFT. This is a really unpleasant company to deal with...one of the worst I have had to deal with. There are other threads on this forum that will give you a very clear indication of what this company is like.

[bugsy123]

Thanks for your replies. I sent the template sars request from this site. It was the notice of assignment I asked for Bazooka boo thanks. Also asked for a copy of credit agreement and default notice. all I got was a bunch of statements which hfo have sent before as the part of the cca request. Hfo dont phone me anymore after I asked to be contacted in writing only. I put the account into dispute with yet another useful template from this site and then recieved a letter from a company called Roxburghe at the same address as HFO so I sent them the letter about how an account cant be passed on while in dispute and they wrote back saying HFO have asked them to monitor the account. I wonder if the notice of assignment HFO sent was genuine. The barclaycard logo looked like it had been scanned.

[bugsy123]

Well guys I recieved a load of stuff from barclays today. copies of 2 default notices, a notice of intention to sell the debt (is this the notice of assignment?). A big long data protection act reporting. No notice of assignment that HFO produced or that important credit agreement. Should I write to Barclaycard and say that they havent sent it or should I go down the cca route with them?

[Bazooka Boo]

No notice of assignment that HFO produced or that important credit agreement. Should I write to Barclaycard and say that they havent sent it or should I go down the cca route with them?

 

If this was all you got in reply to a SAR then, the CCA should be in there? Them saying they were going to sell it, would be the notice of assignment, does it say who they are going to sell it too?

 

As for HFO, can you see if you were ever contacted by HFO Capital at all, as this company is based in the Caymen Islands, then what they like to do is to 'assign' the debt to HFO Services Ltd UK..very naughty:eek:

[bugsy123]

Hi guys, the letter of intention to sell the debt does not say who too. In fact it was from mercers to say they were returning the account back to barclays with the intention to sell the debt. the account was defaulted on my credit file by hfo services. when roxburghe wrote to me they said they "had been passed the account from their client HFO Capital to deal with and monitor" even though an account in dispute letter had been sent.

[Bazooka Boo]

HFO Capital this company is based in the Caymen Islands, then what they like to do is to 'assign' the debt to HFO Services Ltd UK..very naughty:eek:

 

As previously mentioned, HFO Capital are not a UK based firm, Mercers ARE Barclays, and as the account is in dispute, it should not be passed around like 'pass the parcel'.

 

Report them to the OFT and TS, also question the enfoceability of a non UK based company chasing debts in the UK.

[DonkeyB]

Bugsy, have you seen these threads?

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/236290-have-you-been-taken-6.html#post2634415

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/231293-help-defence-ws-required-15.html#post2634107

 

Can I suggest in the first instance you call Barclaycard and find out exactly to whom and when they sold the debt? You may get a nice surprise. Record the call if you can and ask for the information in writing.

 

Have you received any other documentation from HFO, eg. notice of assignment from Barclayshark to HFO Capital?

 

Also, can you remove personal info and then scan and post up what you have received?

 

A few other questions:

 

You say TWO default notices. Only one default notice can be issued. Was one from Mercers and one from HFO?

 

When was this card account opened? This will determine whether the CCA - if they have anything other than an application form - will be valid.

 

We're getting our teeth into HFO at the moment...

[bugsy123]

Got all my paperwork out today and ran out of ink so the printer wouldnt scan. gonna dedicate some real time tomorrow people to learning how to work the scanner/printer. bought some ink today so will try and upload as much as poss tomorrow. off to work in a bit, work nights so sorry for the random posts. stay tuned!

[bugsy123]

Morning! Just phoned Barclaycard and they confirmed they sold the debt to HFO Services on 7/9/07. The SAR did not contain the notice of assignment that HFO sent and oh my word will you look at that guys, the alleged NOA says "We have assigned your account to HFO Capital Limited" I must direct payments due under the agreement to the assignees agent HFO Services. MMmmm. I will upload some stuff if someone can tell me how to do it? thanks guys

[DonkeyB]

Interesting! What was the date on the Notice of Assignment you got from HFO Capital (ie. the forged Barclaycard one)?

 

Also, did you request this in writing? Or did you record the call?

 

I think as a belt and braces approach you should call Barclayshark again on Monday and ask the same info of a different person, just to get it confirmed.

[bugsy123]

I tried to record the call but unfortunately it only picked up my voice. will try again Monday. Did ask for the missing Executed credit agreement and the notice of assignment again and that if it cannot be produced then a letter confirming this as requested in my sars. She said she will send to the relevant department.

Edited December 11, 2009 by bugsy123
removal of identifying details

[bugsy123]

more docs to have a look at! if I can find that paperclip icon lol.

[DonkeyB]

They're a bit small... have you tried opening a Photobucket account and linking to there? Google 'photobucket' and you'll find it. Just click on the 'image' code when once you've uploaded the scans then copy it into here.

 

Also, I can see plenty of crap even at that size... wonder how much toilet roll HFO get through each week?

[bugsy123]

Hooray! go advanced. lol.

Edited December 11, 2009 by bugsy123

[bugsy123]

ok donkey challenge accepted, photobucket here I come!

[DonkeyB]

Make sure you only show partial dates and remove or show only partial balances - don't want the fuggers to identify you from that.

[bugsy123]

wot the hell am i doing lol

Edited December 11, 2009 by bugsy123

[DonkeyB]

Bugsy, you really mustn't post in white text!

 

(Interesting thought: why CAN you post in white text?)

 

 

(No you can't that came up black - was far too rude anyway)

[Bazooka Boo]

Bugsy, you really mustn't post in white text!

(Interesting thought: why CAN you post in white text?)

 

It's really invisible ink!

[bugsy123]

dont know my a**e from elbow lol. I cant seem to get my images from photobucket onto my thread. Is this in invisible ink again? haha

Edited December 11, 2009 by bugsy123

[bugsy123]

got 2 more to upload! only would let upload 5