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

[mwf1982]

orginally i requested the cca agreement by email at first and there said there wont be able to get it until 4 weeks,so i requested it still in writeing by post. I dont email them anymore just rather let them send me letters through the post,has there cant ring me anymore.

 

CAN IT TAKE 4 WEEKS FOR THEM TO GET IT? OR WILL IT TAKE 4 WEEKS ON A WAITING LIST TO MAKE A FAKE CCA

[Old Cogger]

CCA with £1 p.order I hope, they have 12+2 days to respond before going into dispute, so any longer they know they have a dispute, you can either let them off or send Account in Dispute letter, which puts Account as disputed, you can make payments/or not it is up to you, sure others will be along to advise you. Also send everything recorded delivery, save all letters & envelopes attach to any letters.

Edited September 4, 2010 by Old Cogger

[mwf1982]

cca with £1 p.order i hope, they have 12+2 days to respond before going into default, so any longer they know they have defaulted, you can either let them off or send account in dispute letter, which puts account as disputed, you can make payments/or not it is up to you, sure others will be along to advise you. Also send everything recorded delivery, save all letters & envelopes attach to any letters.

hi mike 770

 

ive requested a cca agreement already about 11 days ago,but no reply has yet.

[mwf1982]

found this on one of hfo services website:http://www.csa-uk.com/uk-members-list/details/190/hfo-services-limited

 

Codes & Standards

 

The CSA works for the benefit of those companies active in relation to unpaid credit accounts; debt recovery, tracing and allied professional services. As part of its function the CSA aims to promote best practice throughout the industry. The CSA has developed its Code of Practice which all members must adhere to.

This code is now the benchmark for Best Practice in the industry, assuring quality and professionalism in the services members provide.

Members should:

• Conduct business lawfully
  
• Conduct dealings with debtors in a fair and reasonable manner
  
• Maintain a high standard of business practice
  
• Compete in a fair and reasonable manner
  
• Ensure all staff are provided with adequate training
  
• Not discriminate
  
• Protect the reputation of clients
  
• Remit monies collected regularly to clients
  
• Not knowingly misrepresent qualifications, experience and abilities
  
• Handle debt cases in a fair and reasonable manner
  

WHAT A JOKE THERE NEVER FOLLOW THESE RULES....

[dx100uk]

hehe.......

 

utter bull!

dx

[coledog]

Hi MWF

 

Yes - HFO are not abiding by their owm T and Cs or OFT guidelines.

 

Officially they have 12 + 2 days to send a CCA agreement before you put the Account in Dispute. They could then take weeks or months to come up with something. A SAR request to Barclaycard should reveal any genuine documents that exist.

[mwf1982]

Hi MWF

 

Yes - HFO are not abiding by their owm T and Cs or OFT guidelines.

 

Officially they have 12 + 2 days to send a CCA agreement before you put the Account in Dispute. They could then take weeks or months to come up with something. A SAR request to Barclaycard should reveal any genuine documents that exist.

 

HAVENT RECEIVED A CCA I REQUESTED SO I AM SEND THIS LETTER IN THE MORNING.

 

Dear Sir/Madam,

 

 

This is in acknowledgement of your letter dated 11/08/10and also of 17/0810 The contents of which have been duly noted.

Further to you stressing that county court proceedings will be actioned by yourselves should I fail to make contact/stressing that proccedings are about to be commenced in regard to alleged sums outstanding and alleged owed by me on the above account,I remind you of Civil Procedure rules protocols. Nevertheless in my response to your letter please be advised of the following.

 

 

I put forward that you now have a requirement to provide me with;

 

 

1) A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened. Please note that a "true copy" as defined by the Consumer Credit Act will not be acceptable in this case, and a copy of the actual executed agreement, including signature, is required.

 

2) All records you hold on me relevant to this case, including but not limited to

 

1. A transcript of all transactions, including charges, fees, interest, payments and both the amounts of credit and any repayments made to the account.

2. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations

3. Where there has been any event in the account history over this period that has required manual intervention by any person, disclosure of any indication or notes that have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to the account held by me with........... is required.

4. True copies of any notice of assignment and/or default notice or enforcement notice that you sent to me, with a copy of any proof of postage that you hold.

5. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

6. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial Breakdown of how the charge was calculated, and what the charge covers.

7. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

8. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998.

9. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

10. Copies of statements for the entire duration of the credit agreement.

 

I make this request to ensure that each party has equal footings which can allow action to proceed speedily fairly and without undue costs or waste of courts time,as defined within Pre-action Practice Directions -Protocols 4.6 of the Civil Procedures Rules.

I will give you 14 days to respond with the above,failure to comply will result in a complaint being made to the Court./In addition to the fos for any breaches of OFT and CCA codes.This includes breaches as a result of initiating a Country Court claim where failing to provide or produce documents make litigation improper..

Specifically this relates to one or any number of the following;

 

* demand any payment on the account, nor am I obliged to offer any payment to you.

* add any further interest or charges to the account.

* pass/sell the account or outstanding balance to any third party.

* register any information in respect of the account with any of the CRA.

* issue a default notice related to the account.

 

Furthermore,I reserve my right to make a copy of this letter available for inspection to the Court and Financial/Consumer regulators should you fail to comply with this request.

I await your response,and should you need further clarification on any of the above points,then I suggest that you direct them to your legal department.

[mwf1982]

Also requesting a sar from barclaycard in the morning.

[coledog]

WRONG LETTER! Send the following but on the 8th

 

 

ACCOUNT IN DISPUTE

 

Date:

 

Ref:

 

Dear Sir/Madam

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

 

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. This was signed for as delivered on the **DATE**

You have failed to comply with my request, and as such the account entered default on **DATE** (12+2 days after you made the initial request).

 

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore, you are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before you enter into a default situation.

 

This limit has expired.

 

As you are no doubt aware section 78(6) states:

 

If the creditor fails to comply with Subsection (1)

 

(a) He is not entitled , while the default continues, to enforce the agreement.

 

Therefore this account has become unenforceable at law.

 

As you have failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested. You will also be aware of the CPUTR 2008 and the OFT's guidelines on debt collection which state under the title Deceptive and/or unfair methods - Examples of unfair practices are as follows - 2.8

 

(i) - 'Failing to investigate and/or provide details as appropriate, when a debt is queried or disputed, possibly resulting in debtors being wrongly pursued'

 

(k) - 'Not ceasing collection activity whilst investigating a reasonable queried or disputed debt'

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

 

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

 

It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Should you not respond within 21 days I expect that this means you agree to remove all such data.

 

Furthermore you should be aware that a creditor is not permitted to take ANY

Action against an account whilst it remains in dispute.

 

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 21 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

[coledog]

You also need to add a paragraph that says:

 

'In addition, you have also indicated to me that you have received payments from me with regard to this alleged debt. I have no records of any payments being made to HFO and require you to send me details of when and by which means such payments were made including evidence to identify the transactions.'

[mwf1982]

You also need to add a paragraph that says:

 

'In addition, you have also indicated to me that you have received payments from me with regard to this alleged debt. I have no records of any payments being made to HFO and require you to send me details of when and by which means such payments were made including evidence to identify the transactions.'

 

 

thank you very much coledog for typeing this letter on my thread for me. When do you think i should send this letter to them?i requested the cca on the 20th august and there received it on the 23rd august .

 

Hfo are really dirty and i think once there have received this new letter, i think there will just carry on with there dirty legal activies.

[coledog]

Hi

 

By close of play today they will have had the request for 10 working days (allow for one Bank Holiday) so by end of Wednesday (8th) it will be 12 days. The +2 is to allow for posting time so covers 20th August (you) and 9th (them) so actually you should reply on 10th to keep it within the rules otherwise they might complain that you have not allowed enough time. Try not to worry - I know it is difficult waiting for something to happen. The only thing that they can send to prevent you posting the 'In Dispute' letter is an executable agreement so let us know if you receive anything at all.

 

It is fine to send the SAR to Barclaycard.

[mwf1982]

Hi

 

By close of play today they will have had the request for 10 working days (allow for one Bank Holiday) so by end of Wednesday (8th) it will be 12 days. The +2 is to allow for posting time so covers 20th August (you) and 9th (them) so actually you should reply on 10th to keep it within the rules otherwise they might complain that you have not allowed enough time. Try not to worry - I know it is difficult waiting for something to happen. The only thing that they can send to prevent you posting the 'In Dispute' letter is an executable agreement so let us know if you receive anything at all.

 

It is fine to send the SAR to Barclaycard.

thank you for your help i will post them on the 8th september by 1st class recorded delivery. even though there was working on the bank holiday has i got a voicemail message from there solictors saying that there are going to freeze my 3 bank accounts

[dx100uk]

pers i'd give it till mid next week to send the failure letter.

whenever[if] they send an agreement through that is enforceable, it will matter not they have failed the 14days

 

dx

[coledog]

Agreed Dx - I know it feels better once you have sent the letter but it is best not to appear too stressed about it by sending too early. Don't let them think you are 'bothered'. Next Monday would probably be best.

[mwf1982]

can i ask the users that are that are giving me advice, have you all dealt with hfo before? and if so have you won the case against them.

[mwf1982]

Agreed Dx - I know it feels better once you have sent the letter but it is best not to appear too stressed about it by sending too early. Don't let them think you are 'bothered'. Next Monday would probably be best.

ok i will send it next monday which is the 13th september. What if there do come up with the credit agreement within the next week or when after ive sent the letter? will i be able to tell if the credit agreement is still unforceable or not.

 

 

its hard for me has its an old debt from 2003 and ive never come across from any debt collector to try and claim a debt thats this old .So all this cca requests and sar requests was new to before joining this site.

[coledog]

Yes - phone calls - told to go suck eggs.

 

Letter saying debt assigned to HFO Capital and next day letter with personal info attached (but not my house so cannot complain to Google).

 

So annoyed by abuse of personal data sent complaints to everyone I can think of and CCA request plus account in dispute. No CCA after 8 weeks.

 

I have dealt with DCAs and lowlifes before but these take the biscuit.

[coledog]

If you get an agreement or any correspondence - have you any way of scanning it?

[mwf1982]

Yes - phone calls - told to go suck eggs.

 

Letter saying debt assigned to HFO Capital and next day letter with personal info attached (but not my house so cannot complain to Google).

 

So annoyed by abuse of personal data sent complaints to everyone I can think of and CCA request plus account in dispute. No CCA after 8 weeks.

 

I have dealt with DCAs and lowlifes before but these take the biscuit.

there do mate.

[mwf1982]

Now my main concern is i did set up a debt management plan up with cccs due to hfo.

Has, if i had to pay hfo i wouldnt be able to afford to pay all my other existing creditors,

and if i havent got a court claim letter or no response from hfo with the cca.cccs will take the first payment out of my bank account on the 10/10/2010. And then cccs will send all the arranged payments to the creditors on the 25/10/2010.

Edited September 6, 2010 by mwf1982

[coledog]

I would cancel the payment from CCCS - get HFO taken out of the plan as you are putting the account in dispute until you receive a credit agreement. Also. you believe the debt to be Statute Barred if it exists at all. It would not be a good idea to pay them anything at the moment and this will not stop them hasseling you. YOU can tell CCCS exactly what you want them to do.

[mwf1982]

All i can think is if i havent had a cca from hfo service by 1st october 2010, i will tell cccs that hfo service debt is under dispute and there have failed to send me a cca. And i want the creditor to be taken off my debt management plan. Has i refuse to pay the debt without been shown a valid cca.

[mwf1982]

I would cancel the payment from CCCS - get HFO taken out of the plan as you are putting the account in dispute until you receive a credit agreement. Also. you believe the debt to be Statute Barred if it exists at all. It would not be a good idea to pay them anything at the moment and this will not stop them hasseling you. YOU can tell CCCS exactly what you want them to do.

 

All i can think is if i havent had a cca from hfo service by 1st october 2010, i will tell cccs that hfo service debt is under dispute and there have failed to send me a cca. And i want the creditor to be taken off my debt management

plan. Has i refuse to pay the debt without been shown a valid cca.

what do you think coledog?

[coledog]

Don't allow CCCS to write to HFO acknowledging the debt