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    • what rights of access do you have on your agreement with the landlord?   i suspect you shouldn't have to pay a thing.
    • then there is your proof to them why would you pay for BB twice!!   for my notes: GENERAL NOTES ON CHARGEBACK & Continuous Payment Authority & BACS   .....  We have been telling people to put a letter into their bank instructing them  not to make any payments under any circumstances to these companies  . http://whatconsumer.co.uk/visa-debit-chargeback/- it works! usually this should be done using the number on your debit card  .  banks MUST follow written intructions from their customers ! . CANCELLING YOUR DEBIT CARD DOES NOT STOP CPA'S  .  This fsa guide has now been updated:  . http://www.fsa.gov.uk/static/pubs/consumer_info/know_your_rights_guide.pdf http://www.fca.org.uk/news/continuous-payment-authorities-your-right-to-cancel https://www.fca.org.uk/consumers/unauthorised-payments-account  .  Here's the text:  .  Cancelling a regular  card payment:  .  When you give your credit or debit card details to a company and authorise them to take regular payments from your account,   such as for a gym membership or magazine subscription,  it is known as a ‘recurring transaction’ or ‘continuous payment authority’.  . These are often confused with direct debits, but do not offer the same guarantee if the amount or date of the payment changes.  .  In most cases, regular payments can be cancelled by telling the company taking the payments.   .  However,   you have the right to cancel them directly with your bank or card issuer by telling it that you have stopped permission for the payments.   Your bank or card issuer must then stop them – it has no right to insist that you agree this first with the company taking the payments.  .  Be aware, though, that you will still be responsible for paying any money that you owe. and that CANCELLING YOUR CARD WILL NOT STOP THE CPA  .  ..  .  New june 2013  .  Regulator orders Banks and mutuals to review complaints about not cancelling recurring payments from November 2009.  .  Consumers who have set up a regular payment from their account will now be able to successfully cancel that arrangement   by contacting their card provider, the Financial Conduct Authority said.  .  The FCA has been examining how easy it is for customers to cancel Continuous Payment Authorities (CPAs)   due either to payday lendersicon or for other regular payments such as subscriptions or gymicon memberships.  .  CPAs, which are also commonly called recurring transactions or recurring payments,   are relatively easy to set up but can be hard to cancel, causing problems for consumers trying to manage their finances,the FCA said.  .  Now, following the FCA review of how the largest high street banks and mutuals process requests to cancel CPAs, they have agreed that they will ensure that when   a customer asks for a recurring payment to end, that will be sufficient to cancel the arrangement. They have also confirmed that should a payment go through by   mistake following cancellation by a customer the customer will be refunded immediately.  .  In addition to securing this commitment, the largest banks and mutuals have agreed to review every individual complaint they have received about the non-  cancellation of a CPA and to pay redress where payments have continued to be made despite the customer cancelling the arrangement. This applies to all complaints   since November 2009 when the Financial Services Authority, the FCA’s predecessor, began regulating banking conduct.  .  Clive Adamson, the FCA’s director of supervision, said: “It’s important that consumers are confident that banks are meeting their everyday banking needs. Today   customers can be confident that when they ask for a Continuous Payment Authority to be cancelled – it will be cancelled - and that it can be done easily.   . “We recognise that historically this is an area where some customers have struggled but the banks and mutuals have responded positively to our work on this issue.   From now on we expect them to be getting this right. In addition, they have committed to review past complaints.” .  .  Also mentioned your displeasure that as whomever took your money had obviously attempted this many times   probably activating your banks own anti fraud software - nobody had the decency to inform my you this was going on.? .  .In the FSA's own words:  .  ..  What should I do about a payment from my account that I didn’t authorise?  .  Your bank must refund an unauthorised transaction.   Money can only be taken from your account if you have authorised the transaction   or if your bank can prove you were at fault –  . see below.  Contact your bank immediately if you notice an unauthorised payment from your account. .  If you are sure you did not authorise the payment, you can claim a refund.  .  However, your bank does not have to refund you if you do not tell it about the payment until 13 months  or more after the date it left your account.  .  Your bank must refund an unauthorised transaction  .  ------------------  .  Your bank may only refuse a refund for an unauthorised transaction if:  .  ? it can prove you authorised the transaction  – though your bank cannot simply say that use of your password,   card and PIN proves you authorised a payment; or .  ? it can prove you are at fault because you acted fraudulently,   or because you deliberately,   or with gross negligence, failed to protect the details of your card, PIN or password in a way that allowed the transaction  .  -----------------------  .  How quickly must my bank refund me for an unauthorised transaction?  .  The bank must make the refund immediately unless it has evidence that one of the above reasons applies.   Your bank may ask you to answer some questions and fill out a form confirming what has happened,   but it cannot delay your refund while it waits for you to return the form.  If the bank has evidence that one of the above reasons for refusing a refund applies,   it may investigate before making a refund   but must look into it as quickly as possible.   If your bank rejects your claim for a refund it should explain why.  If the transaction was on a credit card, the refund may not happen immediately.   But the card issuer cannot charge interest or ask for repayment of the amount unless it can prove you are liable to pay        
    • Only asking because I want to get my facts right before I approach the bank! Yes, BT is coming out of the same account.
    • not if they want to make the OP the named claimant no!! let them take the other party to court themselves!! the op can be a witness then..   one bitten...read this thread..      
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    • Hi,  
      I was in Sainsbury’s today and did scan and shop.
      I arrived in after a busy day at work and immediately got distracted by the clothes.
       
      I put a few things in my trolley and then did a shop.
      I paid and was about to get into my car when the security guard stopped me and asked me to come back in.
       
      I did and they took me upstairs.
      I was mortified and said I forgot to scan the clothes and a conditioner, 5 items.
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      He looked at the CCTV and because I didn’t try to scan the items he was phoning the police.
       
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      I feel terrible. I have to declare this to my employer and NMC.
       
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      • 16 replies
Granjaman1

HFO Harrasment

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Had a phone call out of the blue about 2 weeks ago from a company called HFO who are collecting for Morgan Stanley. On 16th of August recieved a notice dated 12th August giving me 3 days to pay the balance otherwise they will go to legal. Attached with this letter is a copy of my credit file and a photo of my house!!!!!!!!!!!!. Sent them a recorded delivery letter requesting original documents etc on 17th

Recieved a notice of impending legal action today and a telephone call from HFO reminding me that they will be takinbg me to court.

The debt apparently goes back to 2006, and i have never had any correspondence from Morgan Stanley or any other company re the debt. The credit report says a default balance of £3084 and these HFO people are demanding £4500 +.

Are they scare mongers or do you think they will go legal? the guy on the phone said they will seize my bank accounts etc to get the full £4500.00.

I've attached the letters from HFO and content of the letter i sent on the 17th.

 

HFO Services Ltd,

PO Box 342,

West Byfleet,

Surrey,

KT14 6YX

 

Dear Sirs

 

RE Your Reference: 50114206/IMPM9

Thank you for your letter concerning the above reference.

I do not acknowledge the claim, and further more request that you please supply me with the following documentary evidence in support of your claim:

1. A copy of the original signed credit agreement for the account in question

2. A full line by line statement of credits and debits for the balance outstanding

3. The date of when the arrears began

4. The date of the last payment received

5. A breakdown of how charges have been calculated

 

I look forward to your response by return

 

Yours Faithfully

HFO2.jpg

HFO1.jpg

HFO Letter.doc

HFO Letter.pdf

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Another addition: During the phone call to my EX Directory number, the guy from HFO stated that all documents relating to the account will be made available in court!!!!

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Quite honestly they would be doing you a favour if they took this to court as then you could hold them to strict proof. At the moment they are just being threat monkeys and really are in breach of the OFT's debt collection guidance. Not to mention they are also in breach of the terms of Google Street view usage t&c's and could be liable to legal action by Google.

 

Your letter is ok, but why not just send them a CCA request with the £1 postal order. This is the template letter from the library on this site. Just amend to suit.

 

I would also suggest that you phone Consumer Direct to make a formal complaint about the conduct of HFO. The letter and enclosed photo of your house can be seen as harassment which is against the OFT's guidelines, so Consumer Direct should report this to OFT and Trading Standards. http://www.consumerdirect.gov.uk/

 

Letter requesting a copy of your agreement - It should be sent with a £1 postal order and sent recorded/guaranteed delivery - It should be sent to whoever OWNS the debt, the timescale for providing this is 12+2 WORKING DAYS. If it is not sent within this timescale they are in default of your request.

Please ammend paragragh 1 to suit. ie s77 Fixed sum credit such as loans, s78 Running account credit such as credit cards & catalogues and s79 Hire agreements.

 

 

Your Address

 

Date

 

Dear Sir/Madam

 

Re:− Account/Reference Number 4563210025897412

 

This letter is a formal request pursuant to s.77(1) of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77(6) will apply.

 

(DELETE THIS BELOW IF YOU ARE SENDING THE LETTER TO THE ORIGNAL CREDITOR AS OPPOSED TO A DEBT COLLECTION AGENCY)

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

We look forward to hearing from you.

 

Yours faithfully

 

 

print your name and do not sign.


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I would also add that if they took this to court, they would have to submit to the court particulars of the claim they were making against you and then you would be given the opportunity under CPR to request full disclosure of all the information you require to defend the action.

 

Whatever you do, do not speak to these people on the phone. If they call you, just refer them to the OFT's collection guidelines and ask that all communication be kept in writing only. Any furthers calls will be recorded and reported as harassment. Even if you cannot record the calls, make a note of the date/time and the name of the person who called you.

 

You should also think about submitting a subject access request now to Morgan Stanley, so you can see what information they have. They should have written to you with full details about your account and the default position.


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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Thanks for the advice. I will send the letter tomorrow recorded delivery

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Hi, and welcome.

 

Please take a look at the following thread.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?274295-INTERESTING-TREND-DCAs-sending-Google-Street-View-of-your-Home!(4-Viewing)-nbsp

 

May I request that you make as many complaints as possible on this as it needs to be stopped.

 

I believe the links are all within that thread.


Every journey begins with a single step :):)

 

Please note: I have no qualifications in this area - my advice is learned from the wonderful members of this Forum. Thanks to you all for your help.

 

If you have found my post helpful please leave a short message by clicking the star to the left of my profile - Thank You

 

The only person entitled to your Personal Finance details is a Judge not a DCA

 

Move all banking activity to another banking group if you have a dispute - your funds can be used to offset debts within the same group.

Be careful with Banking details (card/account numbers) as these can be used to take unauthorised payments.

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In addition to making complaint to all the regulatory authorities including the police I think you should seriously consider shopping HFO's latest tactic to someone like Watchdog. A dose of bad publicity will have them scurrying for cover faster than you can say "legal action"

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I have also had exactly the same letters from HFO and a google earth picture of my street (not my house) I had been making payment for a credit card but cancelled the direct debit as i believed it to be paid in full. I have sent emails to HFO and they have not replyed just sent the 72 hour notice of litigation. what should i do next?

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there did same to me on a 7 year old debt with barclaycard.sent a copy of my credit file,letter from hfo and a photo of my street. its not on.

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concact office of fair tradeing,financal ombusman service,and tradeing standards. i did !

 

there did same to me on a 7 year old debt with barclaycard.sent a copy of my credit file,letter from hfo and a photo of my street.

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Hello All

 

Sent letter to these people with postal order, spoke with consumer direct who are alerting trading standards and reported them to google for removing copyright info from photo of house.

 

Game on!! Lets see what happens

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Subbing, as I missed this one, are they claiming the debt was sold to HFO Capital Ireland ?


US President Barack Obama referred to Ugland House as the biggest building in the world or the biggest tax SCA* in the world.

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They are not claiming any debt was sold to anybody, they are just chjasing me for a large amount of money

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SUBBING we need to keep this thread alive so others can benefit and complain.


Every journey begins with a single step :):)

 

Please note: I have no qualifications in this area - my advice is learned from the wonderful members of this Forum. Thanks to you all for your help.

 

If you have found my post helpful please leave a short message by clicking the star to the left of my profile - Thank You

 

The only person entitled to your Personal Finance details is a Judge not a DCA

 

Move all banking activity to another banking group if you have a dispute - your funds can be used to offset debts within the same group.

Be careful with Banking details (card/account numbers) as these can be used to take unauthorised payments.

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Good Idea.

 

AS I hear from HFO i'll keep this updated

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They are not claiming any debt was sold to anybody, they are just chjasing me for a large amount of money

They would have bought debt from Morgan Stanley and not collecting on their behalf, Morgan Stanley/Goldfish sold their creditcard business in 2008 to Barclaycard, a SAR to Barclaycard should be the first step, the first trap people fall into when dealing with these people is calling them HFO, there is HFO Capital Dublin, there was HFO Capital Cayman and UK based HFO Services, then also Roxburghe, all under the Concillian group, they make things up as they go along depending on each case, but a lot of these claims contradict each other, these contradictions can be their downfall as proved in the past.

 

PS and they love CAG and the HFO fan club:rolleyes:


US President Barack Obama referred to Ugland House as the biggest building in the world or the biggest tax SCA* in the world.

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Any news, Granjaman1?


“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

If a Cagger helps you, click their star. Better still, make a donation however small, so that CAG can continue to help others.

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Hello All watchers of this tread.

 

After sending the letter and postal order in August i have heard nothing from HFO at all, no letters no phone calls etc. Out of the blue get a phone call on my brand new mobile number from guess who HFO. I alway answer with my name, as i use the phone in my work, and now theyeve found a new way to harras me. Number comes up as 0442034500517 for everybody's benefit.

 

How did they get my new mobile number??????????????????? i've only had it for 2 weeks. Told the guy i would only communicate by letter. Lets see what happens, however as they didn't produce the documentary evidence i requested in the letter then they obviously dont have the original CCA.

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You must write and put the account in dispute. Have you checked whether the PO has been cashed?

 

Have you given your new number to your bank?

 

If not, it’s the phone company – is it a contract phone?

 

Resend the harassment letter to HFO – and copy your complaint to the OFT. They have deliberately ignored your instruction and right to be contacted in writing.


“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

If a Cagger helps you, click their star. Better still, make a donation however small, so that CAG can continue to help others.

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I put the account in dispute in August and have heard nothing. My bank have got my new number as a matter of course. Can these people get your mobile number from a directory? if so how do i get me number made ex directory?

 

While writing ths my mobile is ringing again with the same number, and my house phone has rung 5 times today already!!!

 

I will re open the case with local trading standards as i did in August.

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How do i check if my PO has been cashed, can I do it online? The phone is Pay as you go.

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Then I suspect your bank has given your new details to the CRAs.


“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

If a Cagger helps you, click their star. Better still, make a donation however small, so that CAG can continue to help others.

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Try these numbers

 

01246 542091

01246 542500

 

Don’t know if they’re current. You will need the serial number of the PO.


“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

If a Cagger helps you, click their star. Better still, make a donation however small, so that CAG can continue to help others.

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Did you sent the CCA request recorded delivery?


“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

If a Cagger helps you, click their star. Better still, make a donation however small, so that CAG can continue to help others.

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Check that the CCA was received was received if you sent recorded and still have the receipt - this is the track and trace link

 

http://postcode.royalmail.com/portal/rm/trackresults?catId=22700601&pageId=trt_rmresultspage&keyname=ePOD4_track&_requestid=82466

 

Did you send the Account in Dispute letter 14 days after sending the CCA? This is the letter you would have sent. If not sent - send it now, recorded quoting the date when you sent the CCA request.

 

http://www.consumeractiongroup.co.uk/forum/content.php?436-Failure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale.


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