HFO trying to make me pay for a barclaycard debt i never even had

[misspolly]

Hello, i am in desperate need of help.

 

I got home the other day to find a notice of assignment of debt from HFO for a barclaycard i apparently took out in 2002. ( i have never even had a barclaycard)

 

I phoned HFO immediately asking about this debt, they say that i took out a card in 2002 spent £500 and now the debt has been purchased by them and i owe nearly £900 with charges. i asked for the original credit agreement to be sent out.

 

i then got a credit report and it shows HFO have put a default against my acc in 2007 for the debt.

 

this is really worrying me as i have been saving for a mortgage and now i am worried i won be able to get one with a default on my acc

 

i sent a letter to HFO with postal order asking for the original credit agreement, the original default notice and the proof of sale from barclaycard to HFO.

 

all they have now sent me is a photocopied student application form to barclaycard. since then they have been phoning regularly ( i havent answered the calls) they have left voice messages saying that as they have sent me what i asked for i must phone them to arrange payment.

 

i dont know what i am supposed to do now? as im worried about this defauly. i have read on here something about sending an SAR to barclaycard?

 

any help would be much appreciated as this is worrying me terribly

 

thanks so much

 

misspolly

[ScarletPimpernel]

Was the student application yours, or have the clowns at HFO got the wrong person? If it's not yours, we'll help you to get rid of HFO. If it is, we can help you to deal with it.

 

Anyway, the advice is the same as always, never speak to them on the phone - if you feel you must answer, then refuse to answer any security questions, tell them that in accordance with police advice you never discuss financial matters on the phone, and that they should put anything they want to say in writing. Then put the phone down, but log the date and time of the call.

 

Don't let them get to you. They have no legal powers, and nothing will happen quickly. We'll help you to be in control of this, not them.

[PGH7447]

you could send a sar to barclaysharks asking for all information about this account number, costs a tenner - in the meantime tell hfo you dont recognise the debt and until proof is recieved you aint playing with them

[postggj]

When was the last time any payment or acknowledgement in writing was made on this debt

 

(obvious question)

[coledog]

Hi and welcome

 

If the card was taken out so long ago and you have never made payments on it, the debt will be statute barred (no payment or acknowledgement within the last 6 years).

 

A Subject Access Request to Barclaycard will give them up to 40 days to respond - so it may be a good idea to ring Barclaycard to see if they have any record of this account in your name?

 

If you are certain that you know nothing about this you can sent HFO a letter saying that you do not believe that you owe this money and that, due to the time scale any debt would be Statute Barred. Also add that they have not sent you any proof that you owe this as a properly executed credit agreement has not been provided.

 

If they ring you - tell them to go blow raspberries and communicate with you in writing only.

[coledog]

Hello to 7 guest

[postggj]

THERE IS NO TENNIS IN WIMBLEDON IS THERE:lol:

[coledog]

There are 8 now.

[misspolly]

looking at the application it is mine as my details are filled in, i vaguely remember when i was a student filling in an application form in a shopping centre for barclaycard but i never ended up getting one. ( i feel like i remember getting a rejection letter cant remember totally as was 2002)

 

no payment has ever been made as up until october this year i have never even heard of the debt. i have never received any statements from barclaycard, or any letters asking for payment off barclaycard in the following 2 yrs i lived at my student adress. i have since moved house a couple of times but i have always been registered at my adresses and not once have i received any letters off either barclaycard or HFO to do with this debt?

 

apparently they purchased the debt in 2007 and thats when they have put a default on my file. are they allowed to even do this?

 

so the best thing to do now is send an SAR to barclaycard? are there any templates for this? and shall i just write another letting to HFO saying i dont know anything about this debt and i that i am in the proccess of getting an SAR from barclaycard. should i ask for the 3 things i asked for in my first letter

1. original credit agreement

2.notice of sale of debt

3.original default notice HFO put on my acc?

 

thankyou all so much for your help this has been worrying me so much for a couple of weeks so glad i found this website!

[postggj]

Seems hfo are up to there old tricks

 

cancel your debit card if you made a payment to hfo and cancel your standing order if you have one

 

give me 5 min and ill give a letter to send

[broken arrow]

Hi miss p,

welcome to the HFO fan club, you are in very good hands.

is it possible to post up anything they have sent, removing any personal info.

 

Regards

 

B A

[postggj]

1 High Street,

Newtown,

Kent

R21 4RH

 

 

June 28, 2006

 

 

The Loan Company

Company House,

Church Street,

Newtown,

Kent,

R1 7HG

 

 

Dear Sir/Madam

 

Acc/Ref No 4563210025897412

 

You have contacted us regarding the account with the above reference number, which you claim is owed by ourselves.

 

We would point out that under the Limitation Act 1980 Section 5 “an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.”

 

We would also point out that the OFT say under their Debt Collection Guidance on statute barred debt that “it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period”.

 

The last payment of this alleged debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from us in the relevant period under Section 5 of the Limitation Act, we suggest that you are no longer able to take any court action against us to recover the alleged amount claimed.

 

The OFT Debt Collection Guidance states further that “continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to CPUTR2008

 

We await your written confirmation that this matter is now closed and that no further contact will be made concerning the above account after that last letter.

 

We look forward to your reply.

 

Yours faithfully

Mr A N Other

 

 

 

just send this to hfo by recorded delivery

[broken arrow]

I would do a data SAR to Barclaycard, it could be very revealing

SAR letter to send to BC with £10 postal order by recorded delivery. Sign but put crosses through signature.

 

[your address]

[their address]

 

[DATE]

 

Dear Sir/Madam

 

ACCOUNT NUMBER: xxxxxxxxx (or multiple numbers if more than one account)

 

Please supply me with copies of all the data which you hold on me in relation to any matter and in any form and for any period of time.

Please note that I require disclosure of any personal data which you hold on me for the entire period of my dealings with you.

The Subject Access is not limited to my transaction history and it is not limited merely to 6 years of historical information.

Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other 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 banking business with you.

If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.

I enclose the statutory maximum fee of £10. You have 40 days in which to comply.

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

 

Yours faithfully,

 

[signature]

 

[name]

Send to :

BARCLAYCARD

Data Protection Team

Dept LRC

Northampton

NN4 7SG

[postggj]

brokenarrow

me thinks we are on the same wave length

 

knowledge is power

[coledog]

Yes you can write to HFO and ask them to prove that you owe this money, as I said before, also that due to the time scale it is Statute Barred anyway. You have already sent a CCA request and have not received an agreement therefore the account is in dispute until they do send a credit agreement.

 

I can find you a SAR request template but it may just be worth ringing them to find out if they can tell you when this account was last used.

 

(Letters already supplied while I was writing this)

[misspolly]

i did reply but it hasnt popped up, i just wanted to say a massive thankyou to everyone you have all made me feel a bit better knowing that i now know what to do next.

im just off to write my letters now and i'll get the posted out as soon as possible. i will no doubt be back on here as soo as HFO start harrassing me again!

 

thanks so so much

[misspolly]

would it be of any help if i posted up the letters they have sent me or shall i just send these letters for now? im so sorry for all these questions! im such a worry wart!

[postggj]

Just send the statute barred letter to hfo and the sar to barclaycard by recorded delivery

 

those letters you received will just be the usual hang draw and quarter if you dont pay up nonsense

[misspolly]

ok thankyou

[dadofholly]

thankyou all so much for your help this has been worrying me so much for a couple of weeks so glad i found this website!

 

Thats how most of us ended up here - good luck.

[DonkeyB]

Subbing

[sillygirl1]

HFO and Barclaycard should be fully investigated over the almost total lack of communication between the two companies over this debt.

 

I find it hard to believe a company will buy a debt and NOT chase it for three or four years, can't be good business sense in that.

 

I would check the default date, it CANNOT be before HFO Capital was formed as a legal entity.

[dadofholly]

I would check the default date, it CANNOT be before HFO Capital was formed as a legal entity.

 

Think that depends on when it was originaly defaulted by the OC. It's only the original default date that HFO can place on the CRF - which may be before their formation.

 

Totaly aggree that sale of debts in general between BC and HFO should be investigated - has there been a legal one yet?

[DonkeyB]

First of all, remember that the assignment ONLY becomes legitimate when they inform you. They cannot backdate the benefits of the contract to when they supposedly bought it if they did not tell you. What is the date on the notice of assignment? What date do they claim to have bought it? Can you post up the NoA? Remove your personal and account details.

 

Next, I think the default date would have originally been entered by Barclaycard and taken over by HFO. However, to ratify this, the SAR to BC should show when a default was allegedly issued and when the account was terminated.

 

You state you are not aware of any spending on this account yet you acknowledge the application is yours. Can you elaborate on this? Could someone else have used the card? That’s a long period between filling in the application and getting defaulted.

 

And you must call Barclaycard and ask exactly when and to whom the account was supposedly sold. This could reveal something interesting. Ask for their response in writing, and record the call if possible.

 

Also see if they can tell you when the last payment was made to the account.

 

Would be interesting to see what they claim is a valid CCA – can you scan and post up? Keep answering randomly on this thread so you get the 20 posts you need to do this.

 

You need to act quickly on this.

[misspolly]

hello, thanks for the other replies! I have just got to work so will have to have a look through the paperwork when i get home.

 

the default thats on my credit file is in 2007 from HFO.

 

The first letter i received from HFO was in september it says on there that its a notice of assignment but i dont recall it saying a date when they took over, i will scan this and post up later though.

 

i have posted out the sar to barclaycard this morning so will have to see whats going on.

 

I originally phoned barclaycard asking about the account that HFO are saying was mine, they said they hadnt got any real information on it as they sold it to HFO however they said that the account was terminated in 2007, which seems like a very long time considering they say i took out a credit card spent £500 on it and never made any repayment, surely it should have been terminated a lot before that?

 

the account was set up at my student address where i was living with a lot of people i'm no longer in contact with. i know that i never received any barclaycard, however i'm now starting to wonder if anyone at my adress used it? i dont want to think that as i knew these people....

 

its my writing on the application form i think but it is very blurry, its not my signature though? i honestly cant work out whats even happened?

 

if i had used a barclaycard and spent money i would own up, it would make the whole thing simpler! but its even more agravating having this on my credit file and knowing i never even spent a penny!!

 

i will speak to barclaycard again and see if they will give me any more info

 

thanks again for all your help