Sisters Barclaycard debt & HFO

[247orbital]

Some thought needed on this one, I have it confirmed on one credit report that the default date is some 15 months earlier than the HFO default. It would be good to have this in writing from Barclaycard but I'm of the opnion it maybe worth keeping quiet for another year or so.

[DonkeyB]

You can do the SAR when the Barclaycard default ends. However, in terms of enforcement by HFO, the statute barred time may well be earlier - as said previously, the SB clock starts when the debt was last acknowledged. Only the BC statements would tell you this date if you don't have the originals or records of payments.

[247orbital]

Today my sister recieved the last of the credit reports from the CRA's.

So far we have one default from Barclaycard on one report, and the other two credit reports show defaults from HFO Services Ltd both with different dates?

I'm thinking that HFO have breached the data protection act and are wide open for compensation? Thoughts?

[DonkeyB]

They will claim an admin error then go after your sister. Best left alone, in my view.

 

Do either of the HFO default dates correspond with BC's default date?

[247orbital]

No all the dates are different Barclayards being the earliest and original.

[DonkeyB]

I think that tells you plenty about the kind of organisation your sister would be dealing with. Best left alone until the debt is SB.

[247orbital]

yea, she's decided to sit tight for the next year or so then send disputes to the two CRA's which have the incorrect default data. Like you said I'm sure HFO will respond with the usual admin error but by then it will be SB anyway.

It the removal of the default from the CRA which is the main concern. But if its not removed after 28 days she is fully prepared to go for compensation.

I've read on another thread that DCA's have no right to enter defaults on CRA files as this is the responsibilty of the OC ?

[DonkeyB]

HFO is not a DCA. It buys the accounts and becomes the data controller. Really, there shouldn't be a default from BC, but at present it's in your interests to ignore that.

[247orbital]

Regardless, it still doesn't give HFO any right to register there own Defaults when one has already been issued by the OC.

[DonkeyB]

Yes it does. HFO is the legal data processor.

 

The OC should have removed the default when it sold the account. The default that HFO can register is the same one issued by Barclaycard. They cannot issue their own (but we know they have attempted this in a futile gesture in the past).

 

Luckily for you, you know when it was defaulted by BC without having to pay a tenner!

[247orbital]

Like I said its just a waiting game now and April next year will be when she acts. I will also write to ICO complaining about this at the same time. Its obvious what HFO are up to they are using the dates they register the debt with the CRA's as there own default dates something which is a breach of the data protection act.

I just wish I could find a case on CAG or someone would contact me with a similar situation and how/if they resolved it as I know HFO play hardball.

[vjohn82]

Contacting HFO?

 

It all depends if you want your sister going through the considerable agony of dealing with Darth Nelson and co.?

[247orbital]

Sh'es going to leave it a year or so let the original and correct default and entry dissapear from one CRA then contact the other two pointing out the incorrect default dates. The debt will be SB by then.

It would be intersting to see who actualy bought the debt from Barclayard though.

Its a shame though because I'd like to get stuck into them.

[247orbital]

******UPDATE*******

 

After writing to Experian and Equifax they informed me that I needed to contact HFO, I was reluctant to do this and so SAR Barclaycard who confirmed to me in the SAR that the default was some 20 months earlier than the one HFO had listed. I then wrote back to the CRA with a copy of the proof of the original default date, they then contacted HFO again who again refused to amend the incorrect default date. I then contacted HFO direct supplying the written confirmation from barclaycard and today they have again refused to alter the date even with the OC proof.

 

So what next? Is court my only option now?

[vjohn82]

Follow my thread... I putting in court papers tommorrow under section 14 of the Data Protection Act against HFO Services. It revolves around very similar issues to yours.

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/245294-vjohn82-hfo-services-limited-23.html#post2824747

[247orbital]

I'm actually gobsmacked at the blatant disregard for the letter of the law, the CCA and the data protection act. Who do these morons think they are?

[DonkeyB]

Have HFO given you a written response?

[DonkeyB]

Anything doing with this, 247?

[coledog]

Subbing

[sillygirl1]

HFO should not put their own default date on the account, the default date should be within 6 months of the last payment on the account, ideally within three months of the last payment, according to OFT guidelines.

 

HFO are NOT above the law, they are BENEATH the law and rely on people not knowing their rights. They cannot claim 12% interest from their default date onwards as it is not an original contracual term between you and the original creditor, this point has been cleared up before.

 

It really is about time HFO were closed down for their blatant ignorance of the law and their poor practices.

[DonkeyB]

Quite agree SG

[loanbuster]

HFO should not put their own default date on the account, the default date should be within 6 months of the last payment on the account, ideally within three months of the last payment, according to OFT guidelines.

 

HFO are NOT above the law, they are BENEATH the law and rely on people not knowing their rights. They cannot claim 12% interest from their default date onwards as it is not an original contracual term between you and the original creditor, this point has been cleared up before.

 

It really is about time HFO were closed down for their blatant ignorance of the law and their poor practices.

 

Well, in my opinion, sadly that is not going to happen as a result of the contributors to this site ! ?

[DonkeyB]

Who knows, LB, who knows? Lots of ways to skin a cat!

 

(My moggie’s just done a runner...)

[loanbuster]

Who knows, LB, who knows? Lots of ways to skin a cat!

 

(My moggie’s just done a runner...)

 

Well, further to the outcome of requests to site team, I shall not be wasting my time time and resources further via this site in the plight with these people. As you previously stated, only about 1% of thier victims will materialise here, so waste of time even looking here without the support of site team. So if thats the way it is - no problems.

One thing is for sure though, I wont be caving in, and shall see it to the end.

[dadofholly]

sillygirl - They cannot claim 12% interest from their default date onwards as it is not an original contracual term between you and the original creditor, this point has been cleared up before.

 

 

I am trying to find out if this is an offence under criminal law. If it is its a different ball game.