Wifey -v- HFO Services

[Aterlatus]

My wife recently received a letter from HFO Services with the usual credit report and google map attached (no streetview this time - our road isn't on there). It's referring to a Barclaycard debt that is either statute barred or soon to become so.

 

We responded in kind with a CCA request and enclosed the fee, and now they've sent out the "72 - hour notice of litigation".

 

I'm getting their original letter scanned to send over to google so they can pursue their intellectual property rights if they so wish (and of course I'll mention all the other people who have been receiving streeview shots with copyrights removed too).

 

So, a few questions. Who else should I be complaining about their threatening and harassing behaviour to? I've got a feeling the latest letter is just another veiled threat in response to the CCA request but a little confirmation would be appreciated!

[coledog]

OFT and Consumer Direct (to pass on to trading standards). Information Commissioners Office. I have also been complaining to the Credit Reference Agency as I am sure that the 'terms and conditions' may allow companies to 'seach' but should govern what they can then do with that report (i.e. print it out and send it to people in a threatening manner).

 

Have you sent HFO an 'Account in Dispute' letter?

[harrassed senior]

You need to make as much 'fuss' as possible over them sending the Google page. You can make all your complaints online at Consumer Direct.

 

As soon as the 12+2 days are up in response to your CCA request, get the Account in Dispute Letter off to them, by Recorded Delivery. Once they receive this they cannot proceed with any actions, including Litigation.

[sillygirl1]

Contact Google as well, they state clearly in the maps terms and conditions that it is not to be used for business or commercial gain (I love quoting terms and conditions at people in return.... great fun to totally confuse them!).

 

This also needs to be reported to the police as harrassment as there is no actual legal requirement for them to send pics of your house when requesting payments for alleged debts, its a new trend which needs to be heavily jumped on.

[Aterlatus]

Oh well, today HFO raised the stakes. N1 came through the post.

 

I wish they'd put the same effort into their POC that we do.

 

The Claim is for monies due under an interest bearing Credit Agreement regulated by the Consumer Credit Act 1974, which the defendant entered into with on .

No, I haven't remove pertinent details. This is what it says.

 

The scanned letter, with details removed can be found here.

 

Since the thread started, we did receive a CCA (albeit typically late) but I can't find it right now to scan. I'll keep looking, but it looked legit.

 

I'm 99% certain that statute barred applies here. The card is from before I met my wife and that alone was over 6 years ago now.

 

So what is our next step from here? I know we'll have to send a SAR to Barclays to try and prove whether or not the debt is statute barred but even scraping together a tenner for that is proving to be difficult atm.

[Bazooka Boo]

It isn't for you to prove that the debt is SB let alone exists, it's for them to prove to you that it isn't SB and is owed.

IMO I would just send them the SB letter and see what they come back with, although they have now issued an N1, so kinda late for that I believe?

 

That is the most pettiest N1 I've seen! So they've issued it just for the arrears?? I can't fathom that at all, idiots, or is it me being the idiot? So do they intend to do that for each and every arrears that occurs?? I'm blooming miffed.

Well you DEFINTELY MUST defend that, you could use the SB argument and counter sue for damages.

[coledog]

Its a split claim - not seen one of those for ages, presume that they are not claiming the full amount.

[harrassed senior]

Make sure you notify the Court you are going to defend as that will give you an extra 14 days to respond.

 

Hit them with the following letter, apart from Recorded Delivery, no expense necessary.

 

REQUEST FOR INFORMATION UNDER THE Civil Procedure RULES.

 

Dear Sir/Madam,

 

I have received the Court claim filed by your Company. To enable me to file a defence and counter-claim, I require specific information regarding the account to be provided forthwith. Given that this matter is now the subject of legal proceedings, you are obliged to disclose under the Civil Procedure Rules, the information and documents detailed below. The information must be furnished by the **DATE**, which gives you ten days to provide what has been requested. If you fail to comply, this will be reported to the Court, a copy of this letter will be provided as evidence to the same and an Order enforcing your compliance will be sought.

 

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.

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

a. A transcript of all transactions, including charges, fees, interest, repayments and payments and both the original amount of the loan and any repayments made to it the account.

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

c. Where there has been any event in my account history over this period which has required manual intervention by any 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 account formerly held with **CREDITOR**.

d. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

e. 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).

f. 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.

g. 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.

h. A genuine copy of any deed of assignment, or proof that you have a legal right to this money.

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

j. 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.

 

3. Any other documents you seek to rely on in court.

4. A copy of your complaints procedure, as required by the Consumer Credit Act 2006.

5. Clarification of the date you acquired the debt, what organisation you acquired it from, their registered office, their company number (if any) and what legal title they had to this debt, and what credit license number they had at the time that the debt was purchased or entered into.

6. Notification of the last recorded payment to this account, and to whom the payment was made, and the amount of this payment.

 

I will require this information within the next ten days. I must advise you that if the information is not forthcoming, it will be reported to the Court that you are trying to frustrate proceedings and denying me the opportunity to file a defence and counter claim.

 

I would appreciate your due diligence in this matter.

 

I await your response.

[Aterlatus]

The full amount, according to HFO at least, is around 10 times the amount claimed. I'd expect that to be made up largely of charges, but that's a matter for another day...

[Bazooka Boo]

Its a split claim - not seen one of those for ages, presume that they are not claiming the full amount.

 

Aha, so thats what they look like! The cornerstone of Bryan 'bloody' Carters life, split claims....

[coledog]

Link to thread on split claims below, you need the CPR request and to ack and say that you will defend. It will be worth a SAR request possibly but certainly contact BC and ask who the account was sold to and when

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?276741-Some-solicitors-using-Split-Claims-how-does-one-defend&highlight=Split+Claim

[Bazooka Boo]

No cole, I was just saying that it is usually BC who issues split claims, this one has been issued by turnbull..

[coledog]

SAR letter to sent to BC with £10 postal order, sign in the dotted box. Amend the last para to give any previous addresses and attach copy of a utility bill. Send recorded

General SAR template.doc

[harrassed senior]

Is is actually just for the interest, as it says 'interest bearing' - the site split that up !!

[coledog]

I know BB, there were a bunch of TR ones a while ago but it was a Carter trick apparantly.

 

I think that a SAR is worth doing although they have up to 40 days to reply. You need to confirm as well when the last payment was made.

[harrassed senior]

I know BB, there were a bunch of TR ones a while ago but it was a Carter trick apparantly.

 

I think that a SAR is worth doing although they have up to 40 days to reply. You need to confirm as well when the last payment was made.

 

I have added a bit to the CPR response to cover information in relation to the last payment, so that may still be a much less expensive option for the OP plus there is a shorter time limit for response.

[coledog]

Agree HS but TR are a bit slippery to say the least so it is worth trying to get the info from all sources.

[DonkeyB]

Sold to HFO Capital in 2005? Hmmm... in which case it MUST have been reassigned to HFO Services via the infamous CP2. I would check this date. I don’t believe HFOC had any agreements with Barclaycard in 2005. A call to Barclaycard (RECORDED!) to ask to exactly whom (company name AND number) and exactly when the account was sold should be done first thing Monday morning.

 

I think one of the first things you need to do is offer HFO the opportunity to clarify their claim. It is clearly nonsense.

 

Claiming arrears implies the agreement is still live, and has not been terminated. Clearly this is also nonsense.

 

Have a good look through this thread – a good primer.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?241827-Legal-Action-how-to-start-off.-IMPORTANT-IF-YOURE-BEING-SUED

 

Though bear in mind, the early part of this thread is pre-Carey.

 

The PoC further implies that failure to respond to Turnbull Rutherford will result in a CCJ, which is grossly misleading, inaccurate in terms of the law, and deserves to be highlighted to the court, the OFT and the SRA.

 

In the PoC they have mentioned:

 

– The agreement – CPR to request sight of this (again – they sent an app form probably).

– The purchase of the account – CPR to request sight of the sale agreement.

– Notice of Assignment. Proof please.

– Installment arrears – proof that there are arrears of this amount, that an installment plan was in place, and how this figure was arrived at.

 

Remember, although they have split the claim, there is no abuse of process till they go after the rest – you could, if you want, pay this and the rest will be gone!

 

Oh, this one is going to be so easy...

[DonkeyB]

...and prepare for a vist from Bart123!

[DonkeyB]

Check also your credit file – if HFO are recording this, they MUST use the original default date recorded by Barclaycard. This could tell you a lot.

[harrassed senior]

Thanks for coming in DB - getting confusing

[DonkeyB]

Not really. Just follow the PoC...! (Which is pants)

[broken arrow]

The ones we defended a few months ago got stayed as they did not reply to the defence, geee was one of them will post the link.

Edited November 27, 2010 by broken arrow
too many "e",s.

[broken arrow]

geee,s thread

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?272578-HFO-Turnbull-Rutherford-Morgan-Stanley&highlight=

[broken arrow]

The address on the claim form is incorrect as their registered address is in Dublin.