Welcome & HFO Services

[dadofholly]

Hi hoping someone can help.

 

Can you be defaulted on the same debt twice?

 

Have had a DN from HFO services for a debt they purchased from Welcome. It states welcome original default in 2005, but they, HFO, are now sending me a new default notice, can this be done?

 

It also states that it was assigned to hfo in 2008. Should hfo have then been sending me statements as they now own the debt?

 

Since welcome assigned it to them it has increased by over £1,000.

[cerberusalert]

No a debt cannot be defaulted twice, if they've marked your credit file complain to the CRAs and the ICO.

[dadofholly]

No a debt cannot be defaulted twice, if they've marked your credit file complain to the CRAs and the ICO.

 

Thanks for that info - does it make it more difficult for them to continue recovery action?

 

Also should they have have been sending me statements as they have owned the account for over 18 months.

 

Can they continue to add charges to an account that has previously been defaulted - even if by the original lender?

[cerberusalert]

Thanks for that info - does it make it more difficult for them to continue recovery action?

Not really, but they are trying to extend the time the default remains on your credit file..... it should drop off six years from when it was first registered.

Also should they have have been sending me statements as they have owned the account for over 18 months.

Yes.

Can they continue to add charges to an account that has previously been defaulted - even if by the original lender?

If they have bought the debt unless is specifically states in your original agreement... No.

 

Have you sent a CCA request yet?

[dadofholly]

Not really, but they are trying to extend the time the default remains on your credit file..... it should drop off six years from when it was first registered.Yes.If they have bought the debt unless is specifically states in your original agreement... No.

 

Have you sent a CCA request yet?

 

They have already sent a copy of a credit agreement. It does contain an apparent PPI on it so that will be another form of attack for me.

 

If i wanted to issue an SAR would i write to them or welcome?

 

Also does any one know - the last dealings they allege i had concerning this debt was in 2005 - I have not addmitted this debt. so do i just ignore them?

[cerberusalert]

It does contain an apparent PPI on it so that will be another form of attack for me.

You would need to reclaim that + statutory interest.

 

Have you had the agreement checked out to see if it's enforceable? If not post it up after removing all identifiers including barcodes.

[dadofholly]

You would need to reclaim that + statutory interest.

 

Have you had the agreement checked out to see if it's enforceable? If not post it up after removing all identifiers including barcodes.

 

I will get it scanned and upload it soon.

[broken arrow]

I would contact Welcome finance and find out when and to who the debt was sold, it was probally not HFO Services.

 

Did you ever receive a Notice of Assignment?

[dadofholly]

I would contact Welcome finance and find out when and to who the debt was sold, it was probally not HFO Services.

 

Did you ever receive a Notice of Assignment?

 

They have included what they claim to be a notice of assignnment from Welcome - with the address given as Central Recoveries, Mere Way etc. The logo does look a bit faded though?

 

The letter starts with "We refer to your account with Cattles / Welcome Financial Services Ltd."

 

The letter says it is assigned to "HFO Capital Ltd, a company incorporated under the laws of ireland with company number 446327, whose registered office is at Riverside Two, Sir John Rogersons Quay, Dublin."

 

Got a letter from Turnbull & Rutherford stating they "act for HFO Capital Ltd ("HFO")." But the enclosed default notice is from HFO Servies Ltd?

 

Is it the same company under a new name - or legally two seperate companies?

 

Something is not right here - will scan and upload all i have later.

 

 

The letter is also signed simply "Yours Faithfully Cattles plc"

 

Would it be signed like this? should it not be signed as from welcome?

[broken arrow]

They have included what they claim to be a notice of assignnment from Welcome - with the address given as Central Recoveries, Mere Way etc. The logo does look a bit faded though?

 

The letter starts with "We refer to your account with Cattles / Welcome Financial Services Ltd."

 

The letter says it is assigned to "HFO Capital Ltd, a company incorporated under the laws of ireland with company number 446327, whose registered office is at Riverside Two, Sir John Rogersons Quay, Dublin."

 

Got a letter from Turnbull & Rutherford stating they "act for HFO Capital Ltd ("HFO")." But the enclosed default notice is from HFO Servies Ltd?

 

Is it the same company under a new name - or legally two seperate

companies?

Something is not right here - will scan and upload all i have later.

 

 

The letter is also signed simply "Yours Faithfully Cattles plc"

 

Would it be signed like this? should it not be signed as from welcome?

 

legally two separate companies, or 3 separate companies as their is/was two HFO Capitals, Cayman/Dublin, all for now look forward to see what you post up.

 

Also that NoA would never have been anywhere near welcome as they produce their own.

[dadofholly]

Hi all

 

Just had a thought on this - according to the alleged letter of assignment welcome assigned the debt to " HFO Capital Ltd, a company incorporated under the laws of Ireland" and then gives an address in Ireland -

 

Would a British court have juristiction?

 

Also in the same letter it says i must make payments to "HFO Services Ltd at their normal address in Surrey" who they say are the "assigness agent"

 

Does this mean that HFO services ltd in the UK don't own the debt - it is owned

by HFO Capital Ltd in Ireland - does this make a difference?

 

Will post all details this evening once i get home.

[broken arrow]

What was the date of assignment, could be interesting

[dadofholly]

What was the date of assignment, could be interesting

 

Dated Feb 2008

[broken arrow]

Dated Feb 2008

 

You must contact welcome and find when they sold the debt and to who, if the date on NoA is incorrect it makes the NoA ineffective, there is more but will keep under my hat for now;)

[dadofholly]

You must contact welcome and find when they sold the debt and to who, if the date on NoA is incorrect it makes the NoA ineffective, there is more but will keep under my hat for now;)

 

Thanks for that - will drop welcome a line + upload all docs later.

[broken arrow]

Thanks for that - will drop welcome a line + upload all docs later.

 

Do not forget to hide all your personal info

[vjohn82]

This one could be interesting BA ;-)

[dadofholly]

k finaly managed to scan everything for uploading.

 

I have quite a bit to look at so will upload a bit at a time.

 

First up is the Notice of Assignment

 

It looks iffy to me - and by the vibes i am getting from others i could be right.

 

Wy do Welcome sign as Cattles? - seems odd thing to do.

 

Can't get these to upload into a decent size - any ideas? have got them on photobucket.

 

Hope the following link works

 

http://i638.photobucket.com/albums/uu110/dadofholly/AssignmentNotice.jpg

Edited July 29, 2010 by dadofholly

[vjohn82]

Wy do Welcome sign as Cattles? - seems odd thing to do.

 

Cattles is the parent company

[dadofholly]

This is the agreement - not very good copy but it's what i have been sent.

 

Is it enforceable?

 

http://i638.photobucket.com/albums/uu110/dadofholly/Agreement.jpg

[dadofholly]

These are letters recieved and Default notices - you will note that different amounts are quoted as the balance owing.

 

Also it apears i am being defaulted for an account that has already been defaulted.

 

http://i638.photobucket.com/albums/uu110/dadofholly/DefaultPage1.jpg

 

http://i638.photobucket.com/albums/uu110/dadofholly/DefaultPage2.jpg

 

http://i638.photobucket.com/albums/uu110/dadofholly/TurnbullLetter1.jpg

 

 

 

http://i638.photobucket.com/albums/uu110/dadofholly/TurnbullLetter2pg1.jpg

 

http://i638.photobucket.com/albums/uu110/dadofholly/TurnbullLetter2pg2.jpg

Edited July 29, 2010 by dadofholly
erased personal details

[vjohn82]

This is the agreement - not very good copy but it's what i have been sent.

 

Is it enforceable?

 

http://i638.photobucket.com/albums/uu110/dadofholly/Agreement.jpg

 

1. The loan calculation is incorrect (add them up... doesn't total the loan properly).

 

2. The PPI interest has been lumped with the loan principal; this is not allowed

 

3. The PPI and principal monthly loan payments have not been calculated separately

 

4. There is no total charge for credit

 

This all equals an unenforceable agreement.

[vjohn82]

The Default Notice is ridiculous and false. This is an attempt by these cretins to influence your opinion that one has been served validly.

 

They cannot serve a Default Notice in their capacity as a collection agent or assignee; they know this but they continue to do it. Why? Pass... but it makes your case a hell of a lot easier.

 

Assignment document?

[dadofholly]

The Default Notice is ridiculous and false. This is an attempt by these cretins to influence your opinion that one has been served validly.

 

They cannot serve a Default Notice in their capacity as a collection agent or assignee; they know this but they continue to do it. Why? Pass... but it makes your case a hell of a lot easier.

 

Assignment document?

 

Here is the assignment document

 

http://i638.photobucket.com/albums/uu110/dadofholly/AssignmentNotice.jpg

[dadofholly]

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