HFO Services Ltd v Wife

[rippedoff15]

Hi All,

 

I have been checking my wife credit file today and HFO Services Ltd is listed, my wife had a M&S card in 1999 but since around 2003 the account was sodl to debt collection copmanys and we have never had any letters or demands, after looking at the credit file HFO servce now own the debt but again we have had no letters or statements, some time ago when the account was with M&S we asked for the signed agreement but nothing was sent and few weeks lating the debt was sold.

 

We are still not paying the account and the balance was £2k but now stands wth HFO at £3554 ???? charges , however should we write to HFO Service demending the signed agreement or wait as the debt may become barred after 6 years. or by writing will we be opening a can of worms !!!!!!!!!!

 

cheers

[lickthewallfatboy]

try to work out when the last payment was made,and the SB clock starts ticking from 1 month after that

 

it's very easy to prevaricate and delay them if it's close to SB,but as there are only a few weeks left of 2009,you should be in the clear very soon,if you're not already

[rippedoff15]

Hi, we have been trying to check when the last payment was made but finding it confirm the date, the wife has not records have tried checking bank accounts but looking for needle in hay stack.

 

cheers

[rippedoff15]

Today we have had a letter from HFO Services requested full payment with 14 days or face court action and the sale of goods, the amount is around £4600.00 , the debt was from M&S credit card which was last paid in 2006 we have never been chased by anyone until today we have checked my wifes credit file which states the debt is HFO ???? we can not pay as i have been laid off work and currently on benefit ( sadly ) and the wife orks 16 hours.

 

Can anyone help as the debt was £3000.00 back in 2006 and how can M&S sell a debt then the new company never chase until now increase the amount, can we do anything

 

any feedback would be great

 

cheers

[harrassed senior]

Have you made any payments or acknowledged the debt since 2006? If not, then this is a last ditch effort to get you to pay before it becomes Statute Barred (unless you are in Scotland ) in which case it will already be SB.

[coledog]

Hi and welcome to HFO CAG

 

Can you give a bit more details about the actual letters etc you have received from HFO and if possible scan them with personal info removed? Is this the only letter you have received and was there anything from M and S regarding sale of the debt?

 

Please don't worry, help at hand

[broken arrow]

Your other post on the matter

http://www.consumeractiongroup.co.uk/forum/showthread.php?224366-HFO-Services-Ltd-v-Wife&highlight=

[DonkeyB]

HFO will swear blind they told you it had been assigned in 2008, probably July. They can only claim interest from the date of assignment – which in this case is the date they inform you.

 

Did you officially put the account into dispute with M&S?

 

And did M&S ever send a default notice?

[coledog]

Need a bit more detailed explanation here - I understand that you realised in 2009 that HFO had bought this but they have only just started chasing you now, which is par for the course.

 

Have they sent you a 'Schedule of Litigation' letter?

[rippedoff15]

We have never been informed by the lender M&S regarding the sale of the debt, we have not sent any letters to HFO as we did not know they the debt was with them now, what letters should we send to HFO ?????

[broken arrow]

So when did you first become aware the debt had been sold to HFO?

[rippedoff15]

we only found out today after HFO wrote demanding repayment

[broken arrow]

You posted this on the other thread in 2009 or was that another issue?

 

Hi All,

 

I have been checking my wife credit file today and HFO Services Ltd is listed, my wife had a M&S card in 1999 but since around 2003 the account was sodl to debt collection copmanys and we have never had any letters or demands, after looking at the credit file HFO servce now own the debt but again we have had no letters or statements, some time ago when the account was with M&S we asked for the signed agreement but nothing was sent and few weeks lating the debt was sold.

 

We are still not paying the account and the balance was £2k but now stands wth HFO at £3554 ???? charges , however should we write to HFO Service demending the signed agreement or wait as the debt may become barred after 6 years. or by writing will we be opening a can of worms !!!!!!!!!!

 

cheers

 

[coledog]

Can you tell us exactly what you have received from HFO so we can advise what to send? I would suggest a CCA request to HFO and a SAR to M&S but you need to divulge the actual correspondence as you can also make some official complaints.

[rippedoff15]

It is the same issue from 2009, when checking the report back in 2009 HFO claimed the debt however M&S never informed ourselfs they solf the debt and this is the first letter from HFO, i will scan the letter so you all can see its content.

[coledog]

I had assumed this was the case. It is concerning that you have not had a 'Letter of Assignment'. Please document what you have received.

[rippedoff15]

the letter states the following :

 

I have attemped to contact several time ( not ) with the offer that HFO has for you in conection with your account, the current balance is £4,941.60 .

 

We are currently in the process of reviewing your accountand preparing an in depth information dossider on your current financial situaton, if you fail to get in touch this dossier shall be forwarded to our solicitors with instructions to sue in order to recover the debt.

 

You have made payments in the past and it is unlikely that you will be able to raise a credible defence to legal action. A County Court judgement will affect your credit rating and make it more difficult for you to borrow mone. Once we obtain the judgment HFO will seek to enforce the judgement by applying to the court for a warrent of execution. COUNTY COURT BAILIFFS WILL VISIT OUR HOME ADDRESS and seize goods and sold to repay the debt.

 

Additionaally HFO will ask its solicitors who will commence legal action with a view to enforcing judgement against you or obtaining an ATTACHMENT OF EARNINGS againts your employment.

 

HFO may also instruct its solicitors to secure an order to obtain information against you, which means that the court shall ask you to produce a record of your financial activity for the last 3 years. if it is found that your financail declaration is better tah we represented, the court will consider taking a sterner action against you.

 

you can avoid escalation of ths matter by calling me on 02030249614 on with 7 days

 

Your Faithfully

 

what action should we do now, so far this letter is the only one we have ever had also attached to the letter was a report from the credit company showing all my wifes details such as current address past address etc etc . Can they just send our such information as it must be breaking the data act

 

we have never had a 'Letter of Assignment'

 

cheers

Edited January 15, 2011 by rippedoff15
extra information

[coledog]

Yes - that is a standard threat letter - I presume that there were no pieces of personal info attached (credit reports, details of your home etc) You can either ignore this completely for now or send a CCA request to put the account in dispute and try and force the issue. A SAR to M&S is another possibility.

[rippedoff15]

yes the letter they attached had full personal details ie stating address past and present, including husband name and details even a full list of all our creditors showing totals outstanding and all creditors settled etc etc all in colour pages. the information was experian ( e series e-consumerview ) they must be breaking the law sending details out

[DonkeyB]

All your creditors? Was this a joint credit card? Have they included details for you both?

[rippedoff15]

how do get a copy CCA leter ? also SAR letter

[rippedoff15]

The account is in my wifes name only if have never had card and yes they included all my details in the letter sent to my wife.

[rippedoff15]

They attached a full copy of the credit report from Experian showing address past present, all current and past credtors showing totals outstanding, and at the bottom of each page is the date and time the report was printed.

[DonkeyB]

That is an astonishingly clear breach of the data protection act – bordering on a criminal breach. Complain to the Information Commissioner’s Office asap.

[coledog]

You must complaint to Experian about the use of your credit report - link to thread below also links to useful letters but you could actually ignore for now and see what they do next. I can also send you some details for a complaint to OFT.

 

 

Receipt of e-consumerview report complaints

 

Link to a CAG thread on experian and complaining, there is a sample letter in there

 

http://www.consumeractiongroup.co.uk...ment&highlight=

 

 

SAR Request to M&S

 

Subject access request letter attached to send with £10 postal order - send recorded delivery and sign over the dotted area at the bottom. They have 40 days to reply. They have 40 days to reply. Adapt the last paragraph to give any previous addresses that the OC may have and attach a copy of a utility bill or they will write back and ask for one.

 

 

 

CCA Request

 

CCA letter to send to HFO with a £1 postal order by recorded delivery, do not sign. They have 12 plus 2 working days to reply. If nothing valid is received you can send a letter to put the account in dispute and this should stop them contacting you.

 

http://www.consumeractiongroup.co.uk/forum/content.php?414-CCA-request-letter

 

Account in Dispute letter

 

http://www.consumeractiongroup.co.uk/forum/content.php?436-Failure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale

General SAR template.doc