HFO Services & Barclaycard Debt

[wirralweb]

Hi,

I am new to this forum so any help would be greatly appreciated.

I have just received a letter from a company called HFO services, with regard to a debt I have with Barclaycard.

The card only had a £300 credit limit and it was a late payment charge that sent me over the credit limit and thus spiralled the charges out of control.

The letter I have received from HFO services says they have attempted to contact me several times but this is the first letter I have had from this company, another company were chasing it originally.

The letter from HFO says that the amount owing is £1563.13 and it says because I have made payments in the past it is unlikely i will be able to raise a credible defense to legal action.

It says that they are seeking from the court a warrant of execution and that bailiffs will remove goods from my home to pay the judgement debt. Alternatively they will apply for an order to obtain information against me via the courts.

I am already having a bad time at the moment, one of my family members has been taken into hospital abroad seriously ill and this has just stressed me out no end.

What actions can i take to sort this out.

Any help would be most appreciated.

Many Thanks in advance!!

[cerberusalert]

It says that they are seeking from the court a warrant of execution and that bailiffs will remove goods from my home to pay the judgement debt. Alternatively they will apply for an order to obtain information against me via the courts.

To be able to do any of this they would have needed to have obtained a CCJ first, is there one to your knowledge or is it possible it may have been issued at a previous address?

[silverfox1961]

Hi,

If you look at the letter again, I think it will say MAY, MIGHT, COULD.

 

If it does say WILL, post it up (minus personal information.

 

Few questions

 

When did you last make any payment to this debt?

Did you receive a default notice?

Did barclaycard terminate this account?

When did you first take out the card? (just the year)

 

Personally, I would CCA HFO and send BC a SAR to work out how much they have taken in charges and claim them back

[broken arrow]

I would contact Barclaycard and find out who they sold this debt to, as it would not have been HFO Services.

[wirralweb]

Thanks for the fast reply guys,

The letter says they are currently in the process of reviewing my account and preparing an in depth dossier on my current financial situation. It then goes on to say that a CCJ will affect my credit rating and that once they have obtained judgement, they will apply for the warrant of execution.

It says "Alternatively HFO may decide to instruct its solicitors to apply for an order to obtain information against me, which means that the court will ask you to produce a record of my financial activity for a period as far back as three years and to make a full declaration on oath of all my declared and undeclared income and assets.

You can avoid escalation of this matter by calling me on 0203 024 9612 within 7 days"

The letter is dated 20th July.

The card was taken out I believe in either 2005 or 2006, I have just found an email that I sent to barclaycard in 2006 proposing payments so i think 2005. I think the last time any payment was made was mid 2007. I definately have not received a CCJ at my current address and I have been here for 15 years.

Thanks for your help guys keep it coming! CHeers

[cerberusalert]

It then goes on to say that a CCJ will affect my credit rating and that once they have obtained judgement, they will apply for the warrant of execution.

Firstly they have to obtain the CCJ first and to get that they need to prove a debt exists and that you owe it. Then you would have needed to default on that before they can apply for a warrant of execution. Send them a CCA request and see what they produce; http://www.consumerforums.com/resources/templates-library/86-debt-collectors/581-cca-request-letter

[wirralweb]

Yes did receive a default notice after contacting Barclaycard to say that I couldn't pay following redundency. They did cancel the card. My whole argument at the time was the late payment fee knocking me over the credit limit which incurred another fee, I seem to recall incurring over £120 in charges in just over 1 month, I think it was £45 late payment fee £45 exceeding credit limit and then another late payment the following start of the month of £45.

I have not kept any of the paperwork to be honest because I was so disgusted with it all, I could have got a £300 loan from a loan shark on the local estate with less charges.

[wirralweb]

Thanks for the information, I feel a whole less stressed, many thanks. I will send HFO the CCA and see what they come up with. Cheers guys

[cerberusalert]

Send it recorded delivery enclosing a £1 postal order but do not sign the request.

[broken arrow]

It might be best to do a SAR request to Barclaycard, this will include CCA, if they have one. It is important you find out when and to who the debt was sold, I bet it was not HFO Services

[wirralweb]

Just one more question please, The CCA Letter template, do I sign the letter or just print my name. Was not sure if there is any legal obligation to sign or if the template said Print Name for a reason.

Thanks again, be sure a donation will be on its way as soon as I get this sorted.

Cheers

[wirralweb]

Sorry you already said "dont sign" for some reason didnt see half of the replies earlier. If Barclaycard didnt sell the debt to HFO services, what advantage does that give me?

[broken arrow]

Some interesting reading for you........

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

[coledog]

Subscribing to this thread. See my thread below and also the other HFO threads on this forum - threats of 'legal action' are against OFT guidelines and HFO seem to think that they can use personal information to harass you!

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/267210-have-hfo-srevices-sent.html?highlight=hfo

[broken arrow]

My thread, a long read but a happy ending

http://www.consumeractiongroup.co.uk/forum/legal-issues/144119-hfo-court-claim.html

[coledog]

I 'signed' my letters but put 3 crosses thru the signatures and photocopied the letters. I think that this is so they cannot 'lift' the signature to fake a document - not that they would do that! postal order is for the same reason. Send 'recorded delivery' and track.

[coledog]

Don't phone them - seems to be a direct line to 'India'. It sounds like they don't have a phone number for you but don't speak to them.

[wirralweb]

Thank you so much for all the replies, this forum is absolutely fantastic and I really appreciate all your input. I get paid at the start of next month and will make a donation because this forum is a godsend. Cheers!!

[broken arrow]

Bump

[DonkeyB]

Did you send the SAR to Barclaycard? This would reveal all the charges that are reclaimable.

[DonkeyB]

Any news wirralweb?

[DonkeyB]

Can you update us on the outcome?

[cerberusalert]

The OP hasn't been back since July '10.

[DonkeyB]

I know Cerbs, but there's lots of nasty cases like this where it would be useful to know the outcome. It's a shame when people come to CAG for help but don't keep us updated.

[rebel11]

You could surmise that the OP is fairly happy as they have not appeared for further advice.