HFO/citicard

[coledog]

I will have a think about a complaint letter but not today. I can look at mine and put something together.

[bsj]

If you get no response, go for the second letter and keep at them, you have the full support of the HFO fan club, so just shout for any advice, we are always here.

 

Thanks ba,i have the nasty feeling i'm going to need you all on this one,by second letter do you mean account in dispute?

[bsj]

I will have a think about a complaint letter but not today. I can look at mine and put something together.

 

I'm going to have a play around with this too,i won't be able to do anything over the weekend,but i'll get onto it monday.

We have plenty of threads and info to be able to collate a standard complaint letter.

I'm considering speaking to my MP on this,this cannot be allowed to continue,and the biggest question i want answered is do they have juridiction in the uk.

[broken arrow]

Thanks ba,i have the nasty feeling i'm going to need you all on this one,by second letter do you mean account in dispute?

 

Which route did you go down, the s77/78 or Pt,s CPR31.16 request?

[bsj]

Which route did you go down, the s77/78 or Pt,s CPR31.16 request?

 

 

s77-78,the more i read the more i think i should of CPR31.16.

Still it's done now,lets see what they come back with if anything.

[bsj]

If you get no response, go for the second letter and keep at them, you have the full support of the HFO fan club, so just shout for any advice, we are always here.

 

Chick had a response,a phone call from HFO,they told chick they are not replying to the CCA they are taking it to court.

They were rude and aggressive,they are ringing 5 times or more a day,it's upped since i sent the harassment letter.

I drummed into to chick not to answer but they are calling during working hours

 

As they stated they will not respond to the CCA i'm sending the account in dispute,they really do think they are law unto themselves.

[DonkeyB]

She must start recording these calls, and contact the police about harassment. Don't mess with the nasty feckers. Stick it to them. If you have sent the £1, they must respond. Take this up asap with the OFT. They won’t do anything, but it goes on the pile.

[bsj]

I did ask if the call was recorded,chick did'nt think.I have stipulated not to answer the calls.

 

I did enclose the pound for the CCA,they certainly act outside of the law.

 

This will be added to my ongoing complaint,i'm collating quite a pile.

[coledog]

Hi

 

The phone call is utter rubbish, they cannot take anyone to court without a credit agreement (well they can try and hope it is not defended).

 

You must follow the rules and send the in dispute letter on the correct date - do not follow their tactics.

 

The main problem is the phone calls - are they to a work number, mobile or home? I think mobile from what you said before. Chick must keep a log of times, caller name, numbers etc and what was said. If you can do anything to barr them do it. Check with call provider. If they are making contact at work this is particularly against the rules

 

Chick should not get into conversation just say 'account in dispute, in writing only, go away" Make a fuss about getting the name of the caller and say 'thank you it is now 12 noon precisely' as if you are writing it down. If they ask to speak to '...' or say 'Am I speaking to 'chick...' say 'no hang on I will get them' and put the phone in a drawer for 10 minutes - that will hack them off.

 

If they leave messages these are useful evidence.

 

Would def ring 'Consumer Direct' and ask for trading standards to investigate the call abuse - when I spoke to them they sent the complaint to my local TS and the ones for Wimbledon, Surry and Croydon (addresses I have for this bunch). Also you can make a police complaint regarding abusive calls and they have to contact the caller.

 

My complaint to OFT was basically a log of the calls, letters and documents (received and sent) in date order with copies .

Edited October 8, 2010 by coledog

[bsj]

Thanks coledog,the problem is i have given chick instructions and they are not adhered to,with them not living with me and being an adult i'm in a difficult situation.

So far i have made all complaints on chicks behalf.I think me and chick need to have a little chat.All calls received are in the phone calls received log,I'll get her to go through the log with me so i can record them all on paper and send it all to the OFT.I'll contact trading standards today.

On the upside HFO have stopped sending letters for the time being anyway.

The agent for hfo said to chick,"you fancy your chances in court do you".I wish it had been recorded.

 

I'll send the account in dispute once the time is up for the CCA request.

[coledog]

Found this on another thread which just about covers the phone calls.

 

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.”

[bsj]

Coledog your an angel,iv'e been looking for this ^^^^ won't do any harm to send them this as a reminder of how they should behave.

 

Thanks again for your help.

[coledog]

A letter with a big heading COMPLAINT - Dear Muppets, Regarding excessive and threatening phone calls (between Dates) also correspondence received on (Date) containing references to 'legal action' (copy attached). I would liketo draw your attention to the following legislation ( Section 40 etc). Also please reference OFT Guidence on debt collection

 

Also add:

 

Copy to: Office of Fair Trading, Trading standards, OFCOM, CSA, Metropolitan Police, MP, anyone else who you can complain to. And send copies to them.

 

Needs padding out but you get the idea.

[bsj]

Got a reply,a nice a4 sheet threatening 72 hour litigation proceedings if chick fails to ring them.

 

I'm rolling around in hysterics:lol::lol:.

 

Well they brightened up a dull cloudy day........No response to the CCA request..........naughty,naughty hfo....times almost up.

 

Thought i would add this,HFO are a member of the credit services association Ltd.

I downloaded the complaint forms to complain about HFO i also downloaded a copy of their code of practice in reply to the threating letter received today for my chick.

Anyone else complained to the above.

 

Checking the details for HFO Services i discovered they have a roxburghe e-mail listed for contacting them.

 

And a direct postal address

Manor House

Lavender Park Road

West Byfleet

Surrey

KT14 6NA

Edited October 13, 2010 by bsj

[bsj]

Bump........Anyone used theCredit Services Association Ltd.

 

As a means of complaint along with all the other bodies we complain to.

[loanbuster]

Honestly ? ............ dont waste your time with them. They are all hand in glove. Its the DCA's membership fees that keep the CSA in business.

 

Address all complaints to Gov depts.

 

LB

[loanbuster]

Bump........Anyone used theCredit Services Association Ltd.

 

As a means of complaint along with all the other bodies we complain to.

 

 

Have a look at this whitewash

 

http://www.csa-uk.com/media/editor/file/Code%20of%20Practice%202009.pdf

[loanbuster]

Have a look at this whitewash

 

http://www.csa-uk.com/media/editor/file/Code%20of%20Practice%202009.pdf

 

 

.................and this

 

http://www.csa-uk.com/page/codes-and-standards

[bsj]

Thanks for the headsup loanbuster,i should listen to gut instinct more often.

I had'nt come across them before thats why i asked before i filed a complaint with them.

 

Do they know the meaning of codes and standards.............i think not.

Whitewash does'nt come close.

[coledog]

Is the 72 hour litigation from HFO or Turnbull Rutherford? Either way it is probably pants. When are you due to send the account in dispute letter?

[bsj]

It's from HFO,i have to post the dispute letter friday the 12+2 is up monday next week.

I'm posting friday so it's lands on their desk monday morning postal service permitting of couse,sending it recorded.

It's been a long fourteen day's.

I spoke to chick briefly last night and they seem to have stopped ringing, for the moment anyway.

[coledog]

It is just a standard letter that HFO have sent. I would not send the In Dispute letter too early as you need to make sure it has the correct dates on it and prove that you have allowed them enough time to reply. Early next week would be fine.

[coledog]

Did the 72 hour litigation letter have a credit report attached to it?

[bsj]

Did the 72 hour litigation letter have a credit report attached to it?

 

No unforunatley,chick was told during a phone call that they had it in front of them.

 

Sent the account in dispute letter,the phone calls have ceased for now.

 

Citi have returned the payment for the SAR they are asking for ID as the address the have on file is different.

 

They are asking for a bank statement or driving licence,can they lawfully request this info.

 

No CCA has been recieved from HFO,not surprising as HFO stated they not going to comply with the request verbally.

[broken arrow]

A photocopy of driving licence or utility bill should suffice for proof of ID

Form of the request

 

A request for Personal Data is a subject access request under the Act. However, it may not always be necessary to treat a request for information as a formal request under the Data Protection Act 1998 (the "Act"). If the request for information is one which you would normally deal with within the normal course of your business, you should consider whether you need to deal with this as a formal subject access request under the Act.

If you treat the request as a formal subject access request, the data controller is entitled to ask for a fee of £10 (unless the request relates to medical or education records) in order to deal with the request and it is advisable to do so without delay. The subject access request should be in writing. The data controller is also entitled to the following two further pieces of information before the forty calendar day response period commences:

• Firstly, the data controller must satisfy himself that the person making the request is, in fact, the data subject. The use of a subject access request form is advised, since the greatest breach of a data controller's security is for the data controller to satisfy a subject access request made by a person impersonating the data subject. The use of the form goes towards proving that the data controller has adequate identification and verification procedures in place.
  
• Secondly, the data controller is entitled to ask the data subject for further information to enable the data controller to locate the information which that person seeks. It should be remembered that the individual is within their rights to request copies of all information held about them. However, you may wish to try to help the data subject to try to narrow their request for information. This is discussed further below.
  

When the last of these three conditions have been satisfied, the forty day period starts to run. It is advisable to put procedures in place to ensure that the receipt of the request and the further information is correctly dated so that an organisation knows how long it has to satisfy the subject access request.