Reminder Notice of assignment

[DonkeyB]

Checked all my paperwork the only correspondence to this case from HFO was in sept 2008 when they sent me a sorry we missed you First Direct Logistics Ltd Card. (Once Bitten Twice Shy) I did not respond. Also in October 2008 i recieved a phone call from them re the debt at which point i refused to discuss it as they had sent no paperwork to me!

I have no doubt that they will subsequently say they wrote to you and make up copies of the NoA, etc. We've all had that! So, no correspondence other than the First Direct Logistics card. which doesn't count as it is a 'misleading' communication?

 

Also the default dates on experian and equifax dont match they are a month out and the start dates are incorrect too.

What are these dates, roughly? How do you know what the start dates should be?

 

More queries!

Edited April 19, 2010 by DonkeyB

[Niteman33]

Yes i have an original copy of the agreement, looking back perhaps it was june 2008 and not october they rang about it but all i've had by letter other than the 2nd notice of assignment is the card!

[Niteman33]

date on agreement is 1 and 2 days out on credit scores. Default dates are a month different on each agencie report. i am possive i have not made any payment on this account since 2004

[DonkeyB]

Can you check when in 2004? If it's before around March, it will be SB.

[Niteman33]

I don't think i have records of that so will SAR them.

[DonkeyB]

SAR to the OC, not HFO

[Niteman33]

Why not both?

[DonkeyB]

Because HFO won't have that info, and it will only serve to make them suggest you therefore acknowledge the debt. Why correspond with HFO when you don't need to? It will only bring grief!

 

It may be easier simply to call Welcome and try and find out over the phone. They should still have the info, and you should know the answers to any security questions.

 

You might even want to contact your bank and see if they can tell you when payment went out.

[Deb T]

40 Days is the time they have to comply with the SARs request and in my opinion and given HFO seem to have had the agreement assigned to them in full title then I WOULD request the SARs from them as well

[DonkeyB]

40 Days is the time they have to comply with the SARs request and in my opinion and given HFO seem to have had the agreement assigned to them in full title then I WOULD request the SARs from them as well

 

But at the moment, a CCA request is probably the only useful thing to request from HFO. Don't you think a SAR to HFO will only duplicate the request and cost another tenner?

 

The first priority before engaging with HFO is to establish whether the account is SB, or when it will become SB. There is no legal action at present, and HFO are notoriously slow at getting anything done (it's taken them years to write the first letter!).

 

Further, as you will have seen from VJohn82's thread, the nature of the assignment to HFO will, I would aver, be very suspect. We have a lot of documentation that can wrap them in knots. I can guarantee that HFO will say this debt belongs to HFO Capital Ltd (Ireland). It almost certainly does not. I'd keep this tinder dry for now.

[Niteman33]

SAR sent to Welcome Finance Recorded Delivery today.

[Niteman33]

On a lighter note just had letter from AK accepting that an old debt is SB.

 

Smiling now!!!

[Deb T]

But at the moment, a CCA request is probably the only useful thing to request from HFO. Don't you think a SAR to HFO will only duplicate the request and cost another tenner?

 

The first priority before engaging with HFO is to establish whether the account is SB, or when it will become SB. There is no legal action at present, and HFO are notoriously slow at getting anything done (it's taken them years to write the first letter!).

 

Further, as you will have seen from VJohn82's thread, the nature of the assignment to HFO will, I would aver, be very suspect. We have a lot of documentation that can wrap them in knots. I can guarantee that HFO will say this debt belongs to HFO Capital Ltd (Ireland). It almost certainly does not. I'd keep this tinder dry for now.

 

I'd go for that save for the idea that it may be approaching stat barred, hency why HFO have been in touch, keeping them busy for a further 40 days and perhaps past the stat barred limit will do no harm save for the ten squid from a pocket. I'm with you that HFO are slow but having the correct information to hand when writing to them staing 'thanks for the SAR 's information, btw please see enclosed part thereof of the SARS that quite clearly shows that this debt is now Statute Barred etc...

 

That would be my route...

[DonkeyB]

We have so much up our sleeves that we could keep HFO chasing their tails for months!

 

It will be interesting to see what they come up with as T&Cs if CCA'd - on credit cards they usually grab any old ones and swear blind they're the originals.

[Niteman33]

I'm giving welcome a week or two to come up with SAR then will SAR HFO to slow things down a bit. I have been racking my brains and don't think i have ever made any payment back to this loan that started 28/01/2010 it was for £500.00. If i remember rightly I missed the first and suddenly they added stupid charges to the account and become rather unpleasant. What i don't understand is why the debt took 18 months to deafault tho. Unless thats just the way HFO have registered it on my credit files. There was no mention of this debt or the 2 mobile phone debts i had on my file until i pointed this out to HFO 2 years ago and suddenly they all appeared, I've learn't now though to keep my mouth shut. ( I was only in discussion with HFO 2 years ago re 2 mobile debts never really mentioned this debt other than when they called once i said no paperwork and hung up on them.)

[Niteman33]

I have recieved my SAR from welcome. Instant noticable differerence is that the default they served me is dated aug 2004 and the default HFO have registered on my credit file is 12 months later same month but 2005???????? Still reading through the rest as is all abbriviated and welcome have supplied me with a key to the abbriviations but its not easy. What next?

[broken arrow]

Did you get a copy of default notice in the SAR pack, no doubt HFO,s date is because they know it is nearly statute barred.

[Niteman33]

Yes i did no money has ever been paid back on this account since it started Jan 2004

[broken arrow]

Do any of the printouts, say when and to who welcome sold the debt.

[Niteman33]

No there is no infomation in regards to who or when debt was sold

[DonkeyB]

Is there a statement of the account ie. showing it being opened but no payments applied?

 

Don't be confused by the default date on the CRAs - it's nothing to do with the statute barred clock. What needs to be established from this is that no payments were ever made to the account.

 

If the account started in Jan 04, then I would aver that by April 2004 with no payments or acknowledgment, the SB clock had already started ticking.

 

The fact that you received a DN in Aug 04 is irrelevant.

 

Further, only registering the default with the CRAs a year and a half later is out of order - it should be done reasonably contemporaneously with the account going in to default (though they do not have to be done at the same time - they are distinctly different types of 'default'). This is worth a complaint in itself.

 

I would now be tempted to send the SB letter - if they then continue to harass you, or claim it is not SB and fail to prove that, then it will be time to complain to the OFT (for what little it's worth).

[DonkeyB]

No there is no infomation in regards to who or when debt was sold

 

Did you request this info specifically in your SAR? Go back and ask for the SAR to be fully complied with! Maybe try by phone again.

[Niteman33]

I have recieved the following:

 

Copies of the original agreement

2 copies of a direct debit mandate

Various trace reports

2 copies of the default notice

Customer notes heavily abbreviated with an abbreviation explanation sheet which does not cover all abbreviations.

 

No copies of any account info or letters that they supposidly have sent me

[babybear39]

Step back and insist on the SAR copying in the ICO

[Niteman33]

What am i missing?