HFO Harrasment

[Granjaman1]

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

HFO Letter.doc

HFO Letter.pdf

[Granjaman1]

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!!!!

[unclebulgaria67]

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.

[unclebulgaria67]

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.

[Granjaman1]

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

[harrassed senior]

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.

[NailPost]

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"

[ppstu]

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?

[mwf1982]

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.

[mwf1982]

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.

[Granjaman1]

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

[broken arrow]

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

[Granjaman1]

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

[harrassed senior]

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

[Granjaman1]

Good Idea.

 

AS I hear from HFO i'll keep this updated

[broken arrow]

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:

[DonkeyB]

Any news, Granjaman1?

[Granjaman1]

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.

[DonkeyB]

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.

[Granjaman1]

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.

[Granjaman1]

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

[DonkeyB]

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

[DonkeyB]

Try these numbers

 

01246 542091

01246 542500

 

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

[DonkeyB]

Did you sent the CCA request recorded delivery?

[coledog]

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.