HFO Services

[indiebhoy]

Not sure how i'd go about recording the calls.

[coledog]

Yes - that figures as the West Byfleet address is just the post box. The staff seem to work in SW19 which is where all the correspondence is posted.

 

I would try BA's number for BC.

[coledog]

Don't worry - just ask for anything they say to be confirmed in writing.

[DonkeyB]

HFO Services is actually run by Turnbull Rutherford who are based at Wimbledon. HFO Capital Ltd is registered in Ireland, but as HFO Services is the collection agent, that’s the one to complain about.

[dadofholly]

Indieboy

 

If you have a mobile phone many of them will have a voice recorder or such like - maybe under the media section?

 

Play around with it and try it out ringing a freind. With mine i start the recording and then dial the number i wish to call and it records both sides of the conversation.

 

As Coledog says - ask for any confirmation in writing - even if you manage to record the call - just adds extra weight.

[DonkeyB]

See this

 

http://www.consumeractiongroup.co.uk/forum/announcement.php?f=170&a=206

[coledog]

Evening Formister - how is the far east?

 

You can actually use 2 mobiles - one to phone and the other to record.

[indiebhoy]

Hi to all and a happy new year!

 

Here's a reply I received from the OFT re: HFO Sevices

 

Tele No

(0845) 722 4499

Our ref

Epic/Enq/E/97683

Fax

(020) 7211 8877

Date

29 December 2010

Email

enquiries@oft.gsi.gov.uk

Dear Mr XXXXX,

 

Consumer Credit Act 1974 (the Act)

Complaint Against: HFO Services Limited

Licence No: 0555914

 

Thank you for your email received on 21 December 2010.

 

I am very sorry to hear about the difficulties you have been experiencing however, the OFT has no authority to become involved in individual disputes between consumers and traders so we cannot advise you directly in this matter.

 

I enclose a list of organisations which can offer you help and advice. For specialist, face-to-face assistance, or intervention, you may wish to seek legal advice either through a local Citizens' Advice Bureau or directly from a legal adviser. The Financial Ombudsman Service can help with most complaints about consumer credit products and services if the consumer has failed to satisfactorily resolve the matter directly with the consumer credit licensee itself.

 

I can confirm that the business you mention holds a consumer credit licence. Under the Consumer Credit Act, holders of consumer credit licences must be fit and competent to do so and the OFT has a duty to monitor the fitness and conduct of all traders who hold such a licence.

 

The OFT has issued guidance to consumer credit licence holders engaged in the debt collection industry. The guidance is intended to ensure that debt collectors treat individuals fairly. Non-compliance with this guidance will call into question the fitness of licence holders and applicants. You can view our guidance at: www.oft.gov.uk/advice_and_resources/resource_base/legal/cca/debt-collection

 

We have therefore noted the details of your complaint, and we will consider this alongside any other complaints we have received with a view to any consumer credit licensing or other action we may decide to take. If we do take any action against this trader, it is likely that we would need to disclose your identity to this trader along with details of your complaint. I should therefore be grateful if you could sign the enclosed consent form and return it to me. Unfortunately, we cannot disclose any details about any action we may take, due to legal restrictions on the OFT relating to disclosure of information.

 

Thank you again for writing to us and bringing this matter to our attention.

 

Yours sincerely,

 

 

Abi Adenuga

Enquiries and Reporting Centre

Office of Fair Trading

[indiebhoy]

Now. as I have mentioned before. I am moving abroad next week and will be working out in Asia for an undecided amount of time.

 

I am now worried about how to handle this whole HFO/Barclaycard/BCW situation that I have been trying to keep on top of so far. I know for a fact that the BCW/Aktiv Kapital acc is statute barred and that the HFO/Barclaycard will be SB by February 14th. I tried calling BC the other day and was passed around a few lines before being hung up on. I then called back again and was put on hold for an hour before giving up so it looks like sending letters is the way forward.

[coledog]

Hi

 

Standard reply letter from OFT . Have you had a look at the new thread I sent you the link to re: taking legal action in Scotland?

[indiebhoy]

Yeah, I had a look at those. I still haven't been threatened with litigation. But I'm not sure how to keep fighting them whilst I'm going to be living halfway around the world!!

[coledog]

Well - all HFO can do is to threaten/take legal action and if they do this in your absence, you would have grounds for it being 'set aside' (or the Scottish equivalent).

[indiebhoy]

Well, that's my worry - that they decide to start legal action and I'm not there to defend myself.

[coledog]

When did you last receive anything from HFO?

[indiebhoy]

I haven't received anything in writing since October. The last contact was when I returned a missed call from them before xmas.

[indiebhoy]

Received this from BCW the other day:

 

 

 

 

One down, one to go!!

[coledog]

This is the other account that is SB?

[indiebhoy]

Yeah, I threatened them with legal action if they didn't cease and desist and it seems like it worked.

 

And now, due to a visa mess up, I won't be going to Asia for another couple of months so hopefully I can persuade HFO to do the same.

[IdaInFife]

[indiebhoy]

Update:

 

I called Barclaycard today regarding the letter they sent last month. They confirmed that the account had been sold to HFO services in 2007 and was now out of their hands.

 

I also checked my credit report online and the strange is that Barclaycard don't show up. The credit agreement that is in default shows as being a credit card debt owed to HFO services Ltd which shows a default date of 01/05/2007.

 

I asked the guy at Barclay card about the default date on the account and he said that it entered default in September 2006. The last payment made on the account was February 2006 so how does this relate to the law with regard to it being statute barred? Is it from the last date the account had a payment made on it or the date that it entered default?

 

Also, did HFO have any right to put a default date of 01/05/2007 on the account under their name?

[indiebhoy]

Also, Barclaycard told me that under section 78 of the consumer credit act they do not need to supply a signed credit agreement for a credit card contract, it only appies to loans and mortgages.

[DonkeyB]

Also, Barclaycard told me that under section 78 of the consumer credit act they do not need to supply a signed credit agreement for a credit card contract, it only appies to loans and mortgages.

 

Rubbish – not if they want to enforce it in court. But that’s true for satisfying a s78 request (Carey).

[DonkeyB]

Update:

 

I called Barclaycard today regarding the letter they sent last month. They confirmed that the account had been sold to HFO services in 2007 and was now out of their hands.

Technically yes, but they must still keep records.

 

I also checked my credit report online and the strange is that Barclaycard don't show up. The credit agreement that is in default shows as being a credit card debt owed to HFO services Ltd which shows a default date of 01/05/2007.

HFO can take over Barclaycard’s entry, but the dates must be accurate.

 

I asked the guy at Barclay card about the default date on the account and he said that it entered default in September 2006. The last payment made on the account was February 2006 so how does this relate to the law with regard to it being statute barred? Is it from the last date the account had a payment made on it or the date that it entered default?

The proper default date is roughly when a due payment has been missed, so in your case the default began some time in March 2006. Barclaycard can take up to six months to report the default to the CRAs, but they must put an accurate date on. Clearly HFO have made up their own date – you must complain about this.

 

Also, did HFO have any right to put a default date of 01/05/2007 on the account under their name?

See above

 

As usual, HFO amending the facts to suit themselves.

[indiebhoy]

Okay, thanks for that.

 

I still haven't heard anything from HFO since that call from Roger last month but Barclaycard told me that they had sent them a copy of the executed agreement (unsigned) on Jan 5th so I'm expecting to hear from them soon.

 

I was thinking about making a pre-emptive strike and getting a lawyer to send them a letter confronting them with the facts that I have so far. Would this be a good idea or should I wait until they send me out a letter? Bearing in mind that they've failed to reply to the last two letters that I've sent them and haven't sent written contact since last October.

[DonkeyB]

Prepare a CPR 18 request asking if they have a signed executed agreement, and if they have not, state that they must tell you as much. Any response must be made within 7 days and accompanied by a statement of truth. An honest reply will be tantamount to stating they KNOW they cannot enforce the reconstituted agreement in court.

 

Barclaycard are talking bow-locks – there is no such thing as an unsigned executed agreement! They have clearly sent HFO a reconstituted agreement. I believe they are doing this because they think it will save them money retrieving microfiched agreements – and will save them the problems of those agreements being unenforceable. They are so, so wrong, but only if the victims know the facts.

 

They obviously have a strategy of trying to turn the Carey ruling completely on its head and hoping judges are too stupid to spot their obfuscation. Fecking annoying and abhorrent behaviour.