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Hey. First post here. I guess some of you will have heard of, or had dealings with HFO services.

 

They have contacted me this evening (after calling my employers) attempting to confirm my details regarding a Barclaycard debt - which dates back to 2005-ish.

 

I can't be certain of the amount, but I certainly wasn't going to confirm anything over the phone. He tried to get me to confirm my address, job title, date of birth, telephone number, and I refused everything.

 

He casually asked me how I'd managed to get credit in the past considering I had defaulted on a few accounts (I was a student at the time) which set me aback. How did he know that? He also asked me if the HPI agreement I ended last year was for a car. Instead of refusing to discuss things with him, I kinda flipped. He'd contacted my work, he had my credit report in front of him. How on earth did he get that?

 

I asked him to send me a copy of the credit agreement - to which he said he couldn't, as I hadn't confirmed any of the details with him so he would be breaking the DPA to send me that information.

 

Where do I go from here? I'm new to making DPA requests but I'd like to know what HFO have on me. Are they allowed to have access to my credit file?

 

I took the credit card out in 2001 when I was a student - Barclaycard were giving out free supersoakers with credit cards on campus. I was 18. All my mates did the same, cancelled the card and were done with it. I should have done the same.

 

All help appreciated. And if I've posted this in the wrong place, sorry.

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Firstly, well done for dealing so well with this nasty bunch out of the blue. They should not be contacting you at work anyhow as this is against OFT Debt Collection Guidelines. Ask your employer should they telephone work again to advise them that employees are not allowed private telephone calls and this includes them! Secondly using the templates in the Debt Collectors Library fire off a CCA request to them. Enclose £1. postal order and do not sign the letter. When and if you get a reply (time limit 12 + 2 days) use one of the free photo imaging sites like Photoucket to post any agreement on here removing identifying details first to get peeps opinion on its enforceability. Also send off a Subject Access request which is in the same library with £10 postal order and again no signature. This should give you more detailed information associated with the account. Is this the first contact you have had from them, no letters? If they have bought the alleged debt there should be a letter of assignment and a default notice should have been issued by the original creditor. Have a look using the drop down search button for threads on HFO, you will soon gain knowledge on the antics of this company and its dodgy dealings.

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Thanks for that. I'm more upset than anything as my debt is my problem, and I believe that if any matters have been discussed with my employers, that itself is a breach of the DPA. It's quite a gossipy office, and I'm on holiday at the moment.

 

And thank you for saying I dealt well with the caller. I don't think I did. I lost my temper when I found out he had my personal information. Are credit agencies allowed to hand over so much info to DCAs?

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Hello and Welcome, wobytide.

 

I'll move this thread to the Debt Collectors Forum.

 

Regards.

 

Scott.

Any advice I give is honest and in good faith.:)

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Hey wobytide, you were entitled to lose your cool. Now they are ringing you at home, just say "in writing only" and put the phone down. If they keep ringing send them the harassment letter from the debt collectors library. Don't be ashamed, many people have been in your position and certainly CAG members will know where you're coming from but even peeps like Mr Arrogant himself (Simon Cowell) have had debt probs and look where he is now!!! Do the things I advised first, you can worry about the data protection issues later and you can at any time make a formal complaint to the OFT. Keep your chin up and for a laugh have a look at the cheekiness to DCA's thread.

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They called back today - I told the operator that I do not appreciate telephone contact and would like to deal by correspondence only, he said he could not accomodate my request and HFO are 'well within their rights' to contact me. He hung up when I mentioned OFT and also Ofcom, as well as contacting the police to report a case of harassment.

 

I've read about their tactics, none of them are going to work on me.

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Can you remember exactly the last time you made a payment to this alleged debt, it may be statued barred time very soon.

If they know where you work they must know where you live so I would wait to get something by letter, once you do then you can start using the template letters for CCA request etc.

A subject access request will give you all the info they hold on you including dates and amounts of any payments which are important in deciding if the alleged debt is Statued barred 6 years or 5 years in Scotland.

I have no legal training, any knowledge I have has come from this forum, and my own experiences. Always balance up any advice you get with your own common sense.

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I would suggest you DO contact TS and the Police (not 999) because they continue to call you at work when asked not to. Put the swine on the back foot. We can deal with anything else as it comes.

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Yes, make sure you report them to Trading Standards via Consumer Direct, I believe HFO are under scrutiny anyway about their tactics.

 

This company also have an 'offshoot' called First Logistics Direct whereby they send you a card in the post saying they failed to deliver a package to you and need your details to release the package - don't fall for that one please!

 

The more complaints to Trading Standards and the OFT about them the better.

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Can you remember exactly the last time you made a payment to this alleged debt, it may be statued barred time very soon.

If they know where you work they must know where you live so I would wait to get something by letter, once you do then you can start using the template letters for CCA request etc.

A subject access request will give you all the info they hold on you including dates and amounts of any payments which are important in deciding if the alleged debt is Statued barred 6 years or 5 years in Scotland.

 

I can't recall. I had a whole load of debts from my student debts, some I paid off outright when I had 1k of bank charges refunded in 2007 and some I set up arrangements to clear. I can't remember which one the Barclaycard was.

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  • 4 weeks later...

I fired off a CCA request on June 21, still no reply.

 

I sent it recorded delivery - should I go back to the Post Office to enquire whether it has been signed for?

 

What is my next move?

 

I have had nothing from them since that contact.

 

I looked at my credit report and they registered a default on there, its balance is £599 but that dates back to 2005.

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OK, just to clarify. I've read the draft letter and it says that HFO are effectively now in default.

 

A default notice has already been issued as it's on my credit report as being in default. I have never seen the default notice mind you.

 

The CCA request has been signed for by HFO yet they have not responded. Does this mean the debt is still unenforcable, even though a default notice has been issued some time ago?

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Ok WBT, if they have not complied with your CCA request send them the template letter link below, recorded delivery as usual. How can they default you without your having received a default notice, can you remember ever seeing one?

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/571-failiure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale

 

Did you send off your Subject Access Request to the original creditor?

They will need an agreement to enforce judgement against you in court.

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Wobytide - there are so many things that HFO have done wrong, reading your thread. You could really hammer them on breach of the Data Protection Act from what you said in your first post.

 

You didn't acknowledge or answer the questions asking to confirm your D.O.B. Address, etc.? Then the caller started quoting personal information at you?

 

That's a clear breach. Complain to OFT and others in writing, copying your letter to HFO.

 

Also, send the telephone harassment letter by recorded delivery.

 

Regardless of any other "facts" they've treated you appallingly.

 

Good luck

 

 

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  • 2 weeks later...

They had more than 12 days and I've heard nothing, not a peep, since I sent the CCA request. So I've sent the follow-up letter, which has been delivered to HFO according to Royal Mail.

 

I spoke to Consumer Direct about it and they have advised me to complain to the CSA as they are clearly breaching their code of conduct. Furthermore, all CSA members have to publish the code of conduct on its website. HFO don't, yet Roxburgh, who operate out of the same premises, do.

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I haven't had a response from HFO yet, it has been a week.

 

Shall I send them I letter threatening a home visit?

 

Or put a card through their door telling them they have missed a parcel and then give them my number to call?

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