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

[mwf1982]

i thought you had done this as advised in august, you will find the template on post 100.

i was told by another cagger not to send a sar at this time,i guess i do need to now.

[mwf1982]

It’s no use as a CCA, anyway. It’s an application form, no more. Did they send any T&Cs with it?

 

Oh dear, HFO, oh dear...

 

HI DONKEYB

i cant read the terms and conditions its a poor copy

[mwf1982]

It’s no use as a CCA, anyway. It’s an application form, no more. Did they send any T&Cs with it?

 

Oh dear, HFO, oh dear...

 

HI DONKEYB

i cant read the terms and conditions its a poor copy

[dadofholly]

And I think an SAR to Barclaycard is absolutely essential now. In fact, I’d say it’s urgent. But within the SAR you need to specifically ask for certain items:

 

1. Full statements

2. When was the DN issued?

3. Copy of DN

4. When was account terminated?

5. Copy of termination notice

6. When was the account sold, exactly?

7. To whom, exactly, was the account sold?

8. Copy of Notice of Assignment

9. Copy of consumer credit agreement as signed by me

10. Call logs and correspondence re this account with regard to HFO/TR since the account was sold

 

... and anything else you may hold.

 

This will cost a tenner – please send it tomorrow. Get the rest of the SAR letter from the templates library.

 

Of course on point 9. Donkey means signed by you mwf1982 not by him - or anyone else who fancies signing it at the time

[dadofholly]

Double Post

Edited October 29, 2010 by dadofholly

[mwf1982]

It’s no use as a CCA, anyway. It’s an application form, no more. Did they send any T&Cs with it?

 

Oh dear, HFO, oh dear...

 

HI DONKEYB

i cant read the terms and conditions its a poor copy

[broken arrow]

i was told by another cagger not to send a sar at this time,i guess i do need to now.

 

I read that post and the cagger implied not to SAR HFO but Barclaycard, The first thing I advocate is to SAR the OC.

[coledog]

MWF this is the letter to send to Barclaycard (the OC) with a Postal Order for £10: Send recorded delivery

 

[your address]

BARCLAYCARD

Data Protection Team

Dept LRC

Northampton

NN4 7SG

 

[DATE]

 

Dear Sir/Madam

 

ACCOUNTNUMBER XXXXXXXXXXXXXXX

 

Please supply me with copies of all the data which you hold on me in relation to any matter and in any form and for any period of time.

 

Please note that I require disclosure of any personal data which you hold on me for the entire period of my dealings with you. The Subject Access is not limited to my transaction history and it is not limited merely to 6 years of historical information.

 

The data I require must include but is not limited to:

 

Original Credit Agreement

Full Statement of Accounts for the entire period

Copy of any Default Notice issued

Date of Default

Copy of any Termination Notice issue

Date of Termination

Copy of any Notice of Assignment

Exact date of assignment

Details of to whom the account was sold

 

Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my banking business with you.

If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.

 

I enclose the statutory maximum fee of £10. You have 40 days in which to comply.

 

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

 

Yours faithfully,

 

[signature] put crosses through it

 

[name]

[vjohn82]

Here is an SAR I knocked up which is the same as above... however, I have used a home-made signature guard which I print off on all docs these days.

 

Fill in your details and then send it off TOMORROW!

SAR.doc

[coledog]

Excellent VJ - I have made a copy of it. MWF Are you OK with sending this? I think that the problem is you were told previously not to send a SAR to HFO as this must go to Barclays.

[vjohn82]

It HAS to go to Barclays MFW... absolutely has to.

[mwf1982]

sorry havent been online for afew days due to me recently started a new job a month ago and i work nights, just checked to see when i am off work ive got 2 days off tuesday and wednesday,this week so i will send an sar to barclaycard on either of one of those days.and i will let you know when i get a reply.

 

 

I need to also check my letter from FOS cant remeber when there sent hfo a letter,has there had to reply in writeing to me within 8 weeks reguarding my compliant which has gone to the owner of hfo.

Edited October 31, 2010 by mwf1982

[coledog]

Hi MWF

 

Just sort this out when you have the time - the sooner the better. You need to send off the SAR request. Also, can you tell me what HFO put in the letter that they sent with the application form and did they send anything else?

 

In your CCA request you asked them for information regarding the payments made in 2007 - did they mention this at all?

 

If we know exactly what they have sent you - we can advise on what you should write back to them.

[broken arrow]

sorry havent been online for afew days due to me recently started a new job a month ago and i work nights, just checked to see when i am off work ive got 2 days off tuesday and wednesday,this week so i will send an sar to barclaycard on either of one of those days.and i will let you know when i get a reply.

I need to also check my letter from FOS cant remeber when there sent hfo a letter,has there had to reply in writeing to me within 8 weeks reguarding my compliant which has gone to the owner of hfo.

 

The sooner the better M, it will take up to 40 days, the SAR is of high importance.

[PriorityOne]

I haven't read past pg. 3 of this thread so apologise for missing anything... but... have HFO ever sent you an enforceable CCA on this account?

 

If not, then you're not legally onbliged to pay them anything at all. Don't think that a SAR will flush out a CCA because it doesn't always, so if that's the only clarification that you're after.... save yourself £10 and just write to HFO (by rec. delivery) and ASK if they hold have ever held an enforceable CCA pertaining to this account and if they do, to kindly confirm that fact in their response (CPUTR, 1988).

 

You may never hear from them again or, they'll huff and puff and try to pass off a re-construction as the real deal.... but they'd need to be very careful in their reponse in order not to fall foul of CPUTR 1988.

 

[broken arrow]

I haven't read past pg. 3 of this thread so apologise for missing anything... but... have HFO ever sent you an enforceable CCA on this account?

 

If not, then you're not legally onbliged to pay them anything at all. Don't think that a SAR will flush out a CCA because it doesn't always, so if that's the only clarification that you're after.... save yourself £10 and just write to HFO (by rec. delivery) and ASK if they hold have ever held an enforceable CCA pertaining to this account and if they do, to kindly confirm that fact in their response (CPUTR, 1988).

 

You may never hear from them again or, they'll huff and puff and try to pass off a re-construction as the real deal.... but they'd need to be very careful in their reponse in order not to fall foul of CPUTR 1988.

 

 

Where do you think HFO will get the agreement from.

With HFO there are other issues, like assignment, this is why the SAR is a priority.

[PriorityOne]

Where do you think HFO will get the agreement from.

With HFO there are other issues, like assignment, this is why the SAR is a priority.

 

They might not get the Agreement and until they do, they can't enforce it.... and if they can't enforce it because they haven't got one, it doesn't matter what type of assignment it was.

 

For the record, if they are saying that they can take legal action themselves, then the account's been sold by Absolute Assignment. This means that it will have nothing to do with Barclaycard anymore..... so if they've bought an account without the paperwork to enforce it.... that's their problem and not yours....

 

By the sound of it, they're hoping you won't realise.

 

[coledog]

Thanks PriorityOne useful advice and we will help MWF send an appropriate response to HFO. MWF has an alleged debt here that should be Stat Barred but is getting unbelievable hassle from HFO which is not only distressing but is the subject of official complaints.

 

The reason for requesting the SAR is so that MWF has enough evidence to defend any more actions by HFO, you find that documents suddenly 'turn up' and also to actually find out if HFO have any legal right for the appalling behaviour they have displayed over the last few months in this case, which as I have said are the subject of complaint.

[PriorityOne]

Thanks PriorityOne useful advice and we will help MWF send an appropriate response to HFO. MWF has an alleged debt here that should be Stat Barred but is getting unbelievable hassle from HFO which is not only distressing but is the subject of official complaints.

 

The reason for requesting the SAR is so that MWF has enough evidence to defend any more actions by HFO, you find that documents suddenly 'turn up' and also to actually find out if HFO have any legal right for the appalling behaviour they have displayed over the last few months in this case, which as I have said are the subject of complaint.

 

He will get unbelievable hassle if it's close to being stat. barred because they want to flush money out before it's too late for them to do it.

 

As for complaining, the official bodies are unlikely to help you in the way that you think. Basically HFO either have a CCA or they don't... that's all a court will be interested in. If you put the onus of proof onto HFO by quoting CUPTR 1988, they may well back off.

[broken arrow]

They might not get the Agreement and until they do, they can't enforce it.... and if they can't enforce it because they haven't got one, it doesn't matter what type of assignment it was.

 

For the record, if they are saying that they can take legal action themselves, then the account's been sold by Absolute Assignment. This means that it will have nothing to do with Barclaycard anymore..... so if they've bought an account without the paperwork to enforce it.... that's their problem and not yours....

 

By the sound of it, they're hoping you won't realise.

 

HFO never have the paperwork, but the OC is always willing to help out, they will even start action without the paperwork, they did against me.

My SAR to the OC revealed interesting info which helped me to win in the end.

MWF has already been informed the account was sold to someone other than HFO, but needs written proof, the SAR should reveal this.

Edited October 31, 2010 by broken arrow

[PriorityOne]

HFO never have the paperwork, but the OC is alwaws willing to help out, they will even start action without the paperwork, they did against me.

My SAR to the OC revealed interesting info which helped me to win in the end.

MWF has already been informed the account was sold to someone other than HFO, but needs written proof, the SAR should reveal this.

 

"HFO never have the paperwork".... enough said

 

Creditors/DCAs can and will start legal action if they think there's any chance of getting Judgement by default. I'm glad that a SAR helped in your case but had they been aware that you knew your legal rights before they took it to court, it might never have got there in the first place.

 

That's one of the points I'm trying to make.... each to their own though.

 

[broken arrow]

So, mwf the consensus of the HFO fan club will be the SAR to Barclaycard and as a minimum, confirmation in writing of who and when the account was sold to.

[mwf1982]

Hi guys just logged on before work,i will be sending the sar request off tomorrow.Do i need to type my signature on the SAR letter or with my signature on it.

[broken arrow]

Here is an SAR I knocked up which is the same as above... however, I have used a home-made signature guard which I print off on all docs these days.

 

Fill in your details and then send it off TOMORROW!

 

If you use VJ,s SAR template post 309 it has a signature guard.

[mwf1982]

hi mwf

 

just sort this out when you have the time - the sooner the better. You need to send off the sar request. Also, can you tell me what hfo put in the letter that they sent with the application form and did they send anything else?

 

In your cca request you asked them for information regarding the payments made in 2007 - did they mention this at all?

 

If we know exactly what they have sent you - we can advise on what you should write back to them.

 

hi again coledog

 

i requested a cca about 2 and half months ago from hfo and there just sent me a copy of a appication form,with not my hand writeing on and it has the wrong date of birth on the appication.and its also not my signature.

 

On the letter it just says heres the documents you requested please contact your debt manager .there never sent any infomation on these payments there said there received in january 2007.i did ask for the evidence but never received anything reguard this.