Need urgent advice on a 7 year old debt with hfo services ltd

[mwf1982]

HI EVERYONE I AM NEW TO THIS SITE,

 

I am emailing you has i have received a letter yestaday from Hfo debt collection

there are located in surrey,There sent me a letter reguarding an old debt from over 7 years ago which was from originally Barclaycard and there sent me a photograph of my street where i live and a copy of my credit file

.This is the 1st letter i received reguarding this debt in years.

 

Before realising how old the debt was i offered them a monthly payment and there refused the payment i offered them.And said there are going to take futher legal action against me and there are going to send me to court and said bailiffs

could come to my home.And This Dispute is over a 7 year old debt which should be now expired.

 

I did know the debt was old but, When i realised the debt was 7years old,I asked them for the credit agreement and the statements of the debt from the orginal creditor which was barclaycard and there told me it could take them up to 4 weeks before there get the paperwork from the orginal creditor.And my files are all ready with there legal department.....

 

i would like some advise on what to do.Has i think this debt collection agency is been unfair and i think there are breaking the law by taking photographs of my street and sending them to me though the post.

 

So far ive reported them to tradeing standards,consumer rights,office of fair trading,and the Ombudsman

service,

 

could ANYONE kindly reply with some advise for me please what to do

 

Thank you

[mwf1982]

I have only made contact with hfo through email not phone,Ive already requested the cca agreement but there said it will take them 4 weeks before there receive the agreement.

Edited August 22, 2010 by mwf1982

[sillygirl1]

They are talking complete rubbish, they CANNOT send a bailiff round without a court order and as for sending Streetview of your house that needs to be reported to the local police as a major invasion of privacy and harrassment

 

Cancel any payment you have made to them - you made it without being properly informed of your substantial rights in this case - ie the alleged debt is probably statute barred and therefore it cannot be pursued via court, even if they don't accept and try court now you still have a very solid defence against them under OFT guidelines on debt collection.

 

Other members of the HFO club on this site will be along soon.

 

STOP WORRYING, they CANNOT send bailiffs in, they cannot take you to court in 72 hours and they cannot reset the Statute of Limitations clock as they like to think.

[mwf1982]

HI sillygirl1

 

THANKS FOR THE ADVICE,THE SAID THE DEBT IS STILL ALIVE THERE SAID I MADE A 5 PAYMENTS IN JANUARY 2007.I ONLY MAKE CONCTACT THROUGH EMAIL AND REQUESTED THE CCA AGREEMENT BY RECORDED DELIVERY AND EMAIL.ALSO I SENT THE PHOTO TO THE OMBUDSMAN SERVICE, I WAS ADVICED TO DO SO.

I ALSO REPORTED THEM TO TRADEING STANDARDS AND OFFICE OF FAIR TRADEING

 

THERE REFUSED MY PAYMENT OFFER AND SAID THE DEBT IS ACTIVE FOR ANOTHER SIX YEARS DUE TO ME MAKING THEM AN OFFER WHICH I DID PANIC WITH THE LETTER AND PHOTO.

 

JUST DONT KNOW WHAT ELSE TO DO,I WAS JUST ADVICED TO JUST WAIT FOR 8 WEEKS AND WAIT FOR THE REPLY FROM THE OMBUDSMAN SERVICE

[mwf1982]

What else that got me mad was i had to concact the consumer credit counciling service when i received the letter from hfo,to see if there could help me,and there advised me to go under a debt management plan which there are now takeing on all my existing creditiors as well so i can afford to make a payments to hfo,if i am required to so.which will mess all my credit file up for another 6 years for going under a debt management plan.

 

The debt was original for £600 with barclaycard but hfo has charged me £1732.28p.

 

This problem is on my mind all the time i cant sleep feeling ill if it.suffering from headaches all the time,ive never been to court before and presure with this is making me poorly and i have 3 young children to look after.just dont know where to turn and i need some help urgently please.

Edited August 22, 2010 by mwf1982

[vjohn82]

Hi,

 

If you are 100% convinced that you made no payments to them and that the debt is indeed 7 years old (since your last payment or written admittance of the debt) the debt should be statute barred.

 

Can you post any letters up?

 

VJ

[mwf1982]

i dont recall making payments,But saying that i might of done has there said i made my last payment in january 2007,Which is a long time ago.

[mwf1982]

HI VJ

 

i sent the letters to cccs and ombudsman service i sent the orignal letters off to them.all i have is emails from them.i will post then if you like.

[firstship]

mwf1982.........Hi.........slow down .........deal with the problem at hand with HFO.............make sure you do not pay them any money this is important............send them a letter saying "you do not acknowledge any debt with them or their client..............ask for a SAR (cost £10) and tell them you require ALL data they hold including statements and agreements,they have 40 days to supply this.The SAR will confirm when you last made a payment and whether they can supply a copy of the original agreement. SAR template letter in site file............Do not put this debt on CCCS debt management plan,as should it be Statute Barred CCCS will not want you to remove it from the DMP................Take SILLYGIRLS advice......regarding the court and bailiffs threat..........Before you commit to CCCS post up your debts ,who they are with how old they are and what type of debt and what you have been paying...............I am with CCCS myself and find them OK. so I am not anti CCCS..........Post the information and we will help you,but deal with HFO first.............FS

[cerberusalert]

Sending the streetview picture is harassment and you should complain to Trading Standards via Consumer Direct http://www.consumerdirect.gov.uk/contact

 

 

Ferguson v. British Gas Trading Ltd (2009) is relevant to cases like this - if Trading Standards are reluctant, draw their attention to this part of the judgment:

 

Sedley LJ:

Parliament's intention in passing the Protection from Harassment Act 1997 was to criminalise the kind of serious and persistent unwarranted threat which is alleged here, giving a right of civil action as a fallback. In this situation it ought not to be left to hardy individuals to put their savings and homes at risk by suing. The primary responsibility should rest upon local public authorities which possess the means and the statutory powers to bring alleged harassers, however impersonal and powerful, before the local justices.

[mwf1982]

ive sent the photo to the financail ombudsman service.ive all ready reported them to tradeing standards

[patrickq1]

have you sent your CCA to HFO if not do so, then just sit back an relax also this debt is statute barred so i would nt worry a jot really

also send a letter of harrassment and anymore calls photos etc you will report it to the police as threatening behaviour

[mwf1982]

mwf1982.........Hi.........slow down .........deal with the problem at hand with HFO.............make sure you do not pay them any money this is important............send them a letter saying "you do not acknowledge any debt with them or their client..............ask for a SAR (cost £10) and tell them you require ALL data they hold including statements and agreements,they have 40 days to supply this.The SAR will confirm when you last made a payment and whether they can supply a copy of the original agreement. SAR template letter in site file............Do not put this debt on CCCS debt management plan,as should it be Statute Barred CCCS will not want you to remove it from the DMP................Take SILLYGIRLS advice......regarding the court and bailiffs threat..........Before you commit to CCCS post up your debts ,who they are with how old they are and what type of debt and what you have been paying...............I am with CCCS myself and find them OK. so I am not anti CCCS..........Post the information and we will help you,but deal with HFO first.............FS

 

 

what information do you want me to post all i have left is emails from hfo. all the paperwork and photo has been sent off in the post.

[mwf1982]

have you sent your CCA to HFO if not do so, then just sit back an relax also this debt is statute barred so i would nt worry a jot really

also send a letter of harrassment and anymore calls photos etc you will report it to the police as threatening behaviour

 

 

i did that mate by email and there sent me an email back i will post the email give me a few mins

[patrickq1]

dont bother with cccs they will gladly take money from you instead send me the money lol you might as well send it me cause that will be the same as sending it cccs, they wont tell you that their is no obligation to make these payments ,and provided you have not made contact over this debt for 6 years then you have absolutly no worries

patrickq1

[patrickq1]

send the CCA by post registered then wait also the harrassment ok

patrickq1

[cerberusalert]

You could also report them to google;

Photographic Imagery

 

The photographic imagery made available for display through Google Maps is provided under a nonexclusive, non-transferable license for use only by you. You may not use the imagery in any commercial or business environment or for any commercial or business purposes for yourself or any third parties.

 

You may not copy, reverse engineer, decompile, disassemble, translate, modify or make derivative works of the imagery, in whole or in part. You also may not rent, disclose, publish, sell, assign, lease, sublicense, market, or transfer the imagery or any part thereof or use it in any manner not expressly authorized by this agreement.

 

By using Google Maps, you do not receive any, and Google and/or its licensors (if any) retain all ownership rights in the imagery. The imagery is copyrighted and may not be copied, even if modified or merged with other data or software.

[mwf1982]

Thank you for writing to us. As your account manager , its my responsibility to ensure that all your queries and doubts are answered, to avoid any confusion. I would like to highlight that an account is stat barred after six years, however that is calculated from the last activity on the account. The last activity on your account was on 12th of August 2010, when you acknowledge the account and offered us a payment.

The last payment of £10.00 towards this account was made on 18th January 2007, which means that the account can’t be stat barred until 17th January 2013 .

Also the letters which you have received from us , are not to push you for payments, it’s just a legal obligation to inform our customers about the ongoing activities on their account.

Hope I have answered all your queries.

You can always call me on 0203-024-9643 in case of any other queries or concerns.

Thanking You,

[mwf1982]

You could also report them to google;

 

 

that sounds a good idea, how would i do that is there a link

[cerberusalert]

Did you make a payment in 2007?

[cerberusalert]

that sounds a good idea, how would i do that is there a link

http://www.google.com/intl/en_uk/contact/

[patrickq1]

good idea after all this is supposed to be a lawer who runs this muppet factory so send the copy of the pic to google along with the threat's they have used

patrickq1

[patrickq1]

i am geussing the 10.00 payment was for a subject to access request ,therefore the monies have been

mis apropiated and used for other purposes very disengenious ,bordering on gain by pecunary advantage

patrickq1

[mwf1982]

Did you make a payment in 2007?

 

 

i might of done it was a long time ago,i just dont recall doing it. in 2007 i lived at a differnt address.there trace me at my current address by looking at my credit file.

[mwf1982]

good idea after all this is supposed to be a lawer who runs this muppet factory so send the copy of the pic to google along with the threat's they have used

patrickq1

 

i will do thank you