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One of my brood has just had a very nasty call from HFO,threatening court action, balliifs attatchment of earnings just about everything they could throw at them.

They have managed to obtain their mobile number and even told them when the contract was taken out.The caller has obviously done a search on my chicks credit file from info given during the convo.

I intend to start with the CCA request and reporting HFO for their aggressive tatics to the relevant bodies.

I have had a read of other threads regarding this company,nasty pieces of work are'nt they.

I'll post up the CCA if i receive one.

Oh and they threatened to contact my chicks employer too.

And they seem to think they can do just what they like my chick was told we are the law and we can get any data held on you from any source,i'm inclined not to believe that one,my poor chick is scared to death now.

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Complain to OFT and TS online here: Consumer Direct

 

Send the telephone harrassment letter and also quote this:

 

http://www.legislation.gov.uk/ukpga/1988/27/section/1

 

1 Offence of sending letters etc. with intent to cause distresslink3.gif or anxiety. E+W

 

(1)Any person who sends to another person—

 

(a)a [F1letter, electronic communication or article of any description] which conveys—

 

(i)a message which is indecent or grossly offensive;

 

(ii)a threat; or

 

(iii)information which is false and known or believed to be false by the sender; or

 

(b)any [F2article or electronic communication] which is, in whole or part, of an indecent or grossly offensive nature,

 

is guilty of an offence if his purpose, or one of his purposes, in sending it is that it should, so far as falling within paragraph (a) or (b) above, cause distresslink3.gif or anxiety to the recipient or to any other person to whom he intends that it or its contents or nature should be communicated.

 

Re: Harassment by telephone

 

ACCOUNT NUMBER: XXXX

Dear Sirs

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

I have verbally requested that these stop, but I am still receiving calls. (Delete if necessary)

I now require all further correspondence from your company to be made in writing only.

I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

Be advised that any further telephone calls from your company will be recorded. (**Even if you don‘t yet have recording equipment!!**)

Yours faithfully,

[NAME HERE]

 

Section 40 of the Administration of Justice Act

“S40 Punishment for unlawful harassment of debtors.

A person commits an offence if, with the object of coercing another person to pay money claimed from the other as a debt due under a contract he- harasses the other with demands for payment which, in respect of their frequency, or the manner or occasion of making any such demand, or of any threat or publicity by which any demand is accompanied, are calculated to subject him or members of his family or household to alarm, distress or humiliation; falsely represents, in relation to the money claimed, that criminal proceedings lie for failure to pay it; falsely represents himself to be authorised in some official capacity to claim or enforce payment; or utters a document falsely represented by him to have some official character, or purporting to have some official character which he know it has not.

A person may be guilty of an offence by virtue of sub-section (1) (a) above if he concerts with others in the taking of such actions as is described in that paragraph, notwithstanding that his own course of conduct does not by itself amount to harassment.”

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All those things are good, but can you record these phone calls? One recording of that kind of drivel will help them lose their licence.

 

Have you any info about the alleged original debt? Have they sent him/her anything in writing? Any details you can give will help direct your tactics.

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Thank you for your replies, advice and direction.

I'm reading through the other threads now,goodness me i'm shocked at the way these people behave.

I actually think they are worse than B Carter and thats saying something.

Donkeyb the call was'nt recorded unfortunaly,my chick was caught off guard at work.

I have taught my brood well though,chick did'nt confirm any personal info.Told to put everything in writing to which HFO replied they have written on numerous occaisions,i will have more info later when i see the correspondance sent.

Nothing has come to my address but letters have been sent to an old address which HFO confirmed during the call.

Will advise chick to record calls when they call back.

Should i send a SARS request to citi,i just think better to be armed after reading the other threads.

Let battle commence this mother hen is on full fox alert.

 

 

Broken arrow thank you for the link to the thread,i think my chick is going to need some help i feel the ccj winging it's way in their direction.

Chick hung up on the caller mid sentence after they demanded full payment of the outstanding debt today,i do know it's over £2,700.

Edited by bsj
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Hi, you have some friends here.

 

Absolutely identical to my experience with them - same OC, Citi Card. The threats were followed by a threatening letter with a file of 'personal data' attached to it. Still no executable agreement provided. Complaints needed to everyone you can think of and get/collate as much info as you can. Did they by any chance try and id the person they were actually speaking to?

 

If they phone again tell them to go forth and multiply - with love from 'the dog'.

Please support CAG and they will support you.

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I read your thread coledog, they did try the ID tactic but did'nt get anywhere, thing is they could of been talking to anyone chick revealed nothing but the caller rattled off the amount of debt,he even said that chicks credit file was in quite good order if he wanted it to remain that way chick has to pay up today......disgusting huh. Seems we have a band of brothers in the making.

HFO keep this up and we'll have enough numbers to hire ally pally for a christmas do,all paid for with what they are not getting.

 

Ok sending a SAR to citi,printed off complaints forms from Haressed seniors links and the template he so kindly put up for me.

 

I'll post up responses as they come in and keep you updated ..........let battle commence.

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Can you get your chick to get hold of the phone company and let them know she is being verbally harrassed by the caller - they can block the number at source....

 

The other thing to do is to say 'This call is being automatically recorded' whenever you get the opportunity.

 

HFO are a nasty bunch but with the help here they should soon be kept in their little place.

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Can you get your chick to get hold of the phone company and let them know she is being verbally harrassed by the caller - they can block the number at source....

 

The other thing to do is to say 'This call is being automatically recorded' whenever you get the opportunity.

 

HFO are a nasty bunch but with the help here they should soon be kept in their little place.

 

Thanks silly girl,did'nt think about calling the mobile provider,will get chick onto it pronto.

 

I have told them to tell any threatening caller that the call is being recorded,......for security and protection of course (wink)

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The numbers are usually 020 3 or 077 mobiles. One Cagger got a very nasty recorded message saying that they were going to freeze bank accounts! I actually think that the callers believe the rubbish they are telling you. I am pretty tough but was quite upset until I realised what the game was. It is pure harassment and once you realise this you can deal with it. They hate having their calls barred, by the way, and ring on another number leaving irrate messages complaining about you barring their calls!

Edited by coledog

Please support CAG and they will support you.

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Chick has flown the nest but their bank account is registered at my address,as the caller pointed out.

I'm waiting for them to call on my landline they will be told to cluck off,it's ex directory and registered with telephone preference service,that i don't suspect will stop them.

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Can i share that Taxi donkeyb........chick handed me a very heavy folder this morning after a little chat last night.

Letters from HFO from 2006......they have been adding charges to the debt.the original amount was just over 1500.They added £200 straight away.One of the letters list's their charges,in all they have added £1200 to the original amount.

I have alot of reading and work to do,other debts amount to a fair amount,there is a statutory demand in the file From 1st credit another thread coming on,my chick has been keeping this quiet and suffering in silence.I asked why they did'nt speak up before,i'm not the sort of mother to rant and shout,chick actually expected me to go ballistic,there's no point,the strees and fear got too much after the phone call yesterday,after alot of tears they are feeling a little better now it's out in the open.

 

There is plenty of work for me to do,no default notice from citi in the file or CCA,so i'll have to wait for them to arrive.

The charges this DCA are adding are extortionate,are they allowed to add charges to the original debt,i did'nt think they were but want to clarify.

Edited by bsj
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Having all the paperwork is a great start. Most people bin it and bury their heads. Hopefully the envelopes are there as well, as this lot have a habit of backdating stuff. So letters from 2006 may not be what they seem.

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Hi

 

The CCA request is key. No credit agreement, no payment and the credit agreement would also affect the right to apply charges and interest by any one who acquired the debt. I bet there are lots of charges, PPI etc added to the original account also. You don't say when the account was opened or the last payment made. If no payment or acknowledgement of the debt (in writing) within 6 years (5 in Scotland) the debt is statute barred. Having some original paperwork will be useful.

 

I would also send a SAR request to CitiCard and particularly ask who this account was sold to and when as there are some possible dodgy practices here. I have a simplified request I can post up.

 

It is unlikely that a credit agreement will be sent back in the 12 plus 2 days, if at all, so you can get the account 'in dispute' and tell any callers to 'bog off'.

 

You should start a seperate thread for '1st Credit' but this could just be threats, don't contact them until you received some more advice.

Please support CAG and they will support you.

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Very useful site loanbuster, thanks for the link.

 

Donkey,no envelopes unfortunatley,at least i have statements and letters it's a start.

What about the charges they have added to the original debt amount,they have almost doubled it grrr.

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