Jump to content
  • Tweets

  • Posts

    • Hi all,  just wondering if i could get some help. me and my ex wife decided to get a loan back in 2017....i was continuing paying it but she didn't even though she promised me she would pay it as i agreed to it... and we split up in 2018, i was sectioned under mental health due to her behaviour.  short story... i came out 6 months later and she did not pay anything, my inbox was full, my phone with voicemails. i was not expecting this..... this loan was for £2000,    i tried to call her obviously she changed her phone number and email address, 2020 still not heard anything from her.... sent her letters she choose to ignore it.....   so i thought i come on here.... see you can make a complaint about responsible lending credit search.... behold just got a reply from progressive money....   i've also complained to amigo loans.... that is again she didn't pay anything... checked credit karma £11,876 on £7000 loans... hopefully something comes out of this....  - Summary Resolution Letter .pdf
    • Sorry it was 1250l before shielding he 
    • Is the 1250BR his code from before shielding?   Before shielding, the tax code would have been 1250 as this is the personal amount allowed to earn before tax. It should then have been followed by a single letter. The BR at the end means it is an emergency tax code, and that you receive no PFA, this is usual if you have more than one source of income.  This code means that all the earnings from this income will be taxed.   The 605T code is a temporary code, and shows that your tax is still being reviewed.   The changes in codes is due to the change in circumstances, firstly he was in work, then claiming UC while shielding (unpaid I assume), and then going back to work again.   They should sort themselves out, but you can always sign up to HMRC and keep an eye on the codes yourselves, and query anything with them as well.
    • Do as above, and we can find out if it's an enforceable agreement, often it isn't from Lowell.   But from another point of view, as long as they have your current address, why pay them if you only have £30 at the end of each month? It's not visible on your credit file, so won't affect your credit score in any way. This is in no way a priority debt.    
    • PwC has secured a deal that will save 1,800 UK jobs and a further 3,600 globally at Travelex, following an appointment as administrators View the full article
  • Our picks

    • Curry’s cancelled my order but took the money anyway. Read more at https://www.consumeractiongroup.co.uk/topic/423055-curry%E2%80%99s-cancelled-my-order-but-took-the-money-anyway/
      • 11 replies
    • Father passed away - Ardent Credit Services (Vodafone) now claiming he owes money. Read more at https://www.consumeractiongroup.co.uk/topic/423040-father-passed-away-ardent-credit-services-vodafone-now-claiming-he-owes-money/
      • 9 replies
    • Currys Refuse Refund F/Freezer 5day old. Read more at https://www.consumeractiongroup.co.uk/topic/422656-currys-refuse-refund-ffreezer-5day-old/
      • 6 replies
    • Hi,  
      I was in Sainsbury’s today and did scan and shop.
      I arrived in after a busy day at work and immediately got distracted by the clothes.
       
      I put a few things in my trolley and then did a shop.
      I paid and was about to get into my car when the security guard stopped me and asked me to come back in.
       
      I did and they took me upstairs.
      I was mortified and said I forgot to scan the clothes and a conditioner, 5 items.
      I know its unacceptable but I was distracted and Initially hadn’t really planned to use scan and shop.
       
      No excuse.
      I offered to pay for the goods but the manager said it was too late.
      He looked at the CCTV and because I didn’t try to scan the items he was phoning the police.
       
      The cost of the items was about £40.
      I was crying at this point and told them I was a nurse, just coming from work and I could get struck off.
       
      They rang the police anyway and they came and issued me with a community resolution notice, which goes off my record in a year.
      I feel terrible. I have to declare this to my employer and NMC.
       
      They kept me in a room on my own with 4 staff and have banned me from all stores.
      The police said if I didn’t do the community order I would go to court and they would refer me to the PPS.
       
      I’m so stressed,
      can u appeal this or should I just accept it?
       
      Thanks for reading 
      • 16 replies
boxhave

HFO service ltd and my case Oct 2010

style="text-align:center;"> Please note that this topic has not had any new posts for the last 3557 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

I will try to keep it short as an sure you have heard it all

 

I recieved a letter from HFO on 12/9/2010 saying they were sold my debt by barclaycard etc, gave me the date it was sold to them, how much it was and now is. Lets say it is nearly a mortgage! in the Tens of thousands.

 

I called them spoke to them, asked for more info and denied all over the phone. A week later i get a letter saying the last payment was made on the account to barclaycard on 24/9/2010.

 

I knew it was nearing satute barred period.

 

I wrote them asking for credit agreement clearly stating i do not admit the claim. I did not sign the letter and included a £1 standing order.

 

It has taken them 1 month to reply with a front sheet of the agreement with my signature on it which i supposed bought me more time.nI got the letter and credit agreement yestarday 28/10/2009.

 

Clearly 1 month and 4 days after the last payment date. of to put it into the limitatons act law, 4 days after "the cause of action accrued" I understand the cause of action as the day you missed first payment which is 1 month after your last payment? (please correct me if i am wrong)

 

I now know that as i have not admitted the claim in the 6 years, have not paid in the 6 years and they have not taken me to court in the 6 years, is it statue barred?

 

I know their is no court claim against me as i did a credit check and it came clear on court cases and i actually asked HFO if they had taken me to court yet and they said no.

 

HFO say no it is not SB as they wrote me in Sept 2010 and i recieved the letter and that is when i contacted them, therefore it does not matter that i did not admit the claim so they will see me in court.

 

What are my chances of winning if i go to court and should i be getting a solicitor involved? They are blooming expensive!

Anyone konw something i have missed so far and any other actions i should be looking to take or is it just wait and see time?

Share this post


Link to post
Share on other sites

Their merely writing to you does not undo the SB. If you do not acknowledge the debt, that’s it – it has now gone. They are telling you a lie. Once you have stated it is SB – and they offer no proof that it is not – they are in serious breach of the OFT guidelines:

 

Statute barred debt

2.13 This guidance applies to the pursuit of debt regardless of its age. We will be

carrying out further work on this aspect of debt recovery including analysis of

relevant legislation and practice throughout the UK.

2.14 In the past we have dealt with a number of statute barred debt cases governed by

the Limitation Act 1980, which applies to England and Wales. Based on that

experience our position with regard to England and Wales remains:

a. we accept legally the debt exists

b. it is the methods by which the debt is collected that can be

unfair as follows:

• it is unfair to pursue the debt if the debtor has heard nothing from

the creditor during the relevant limitation period

• if a creditor has been in regular contact with a debtor before the debt

is statute barred, then we do not consider it unfair to continue to

attempt to recover the debt

• it is unfair to mislead debtors as to their rights and obligations, for

example, falsely stating or implying that the debt is still legally

recoverable and relying on consumers not knowing the relevant legal

provisions, and

• 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 section 40 (1) of the Administration of

Justice Act 1970.

 

Note that they have not been in REGULAR contact.

 

So there you have it. Make it clear to these idiots that any further contact will be reported to the police as harassment.

 

Complain to the OFT and your local Trading Standards anyway. They deserve all the aggro they get by telling blatant lies like this.


“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

If a Cagger helps you, click their star. Better still, make a donation however small, so that CAG can continue to help others.

Share this post


Link to post
Share on other sites

yep ignore!

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

Share this post


Link to post
Share on other sites

I’m guessing they acquired the debt sometime in 2007, and have done nothing about it since? It’s their own fault then. If they knew how to run a business properly, they might stand a chance. If I owned the company, I would make sure heads rolled for cock-ups like this.

 

I would also aver that threatening legal action when the debt is SB is a contravention of another OFT rule:

 

False representation of authority and/or legal position

2.3 Those contacting debtors must not be deceitful by misrepresenting their authority

and/or the correct legal position.

2.4 Examples of unfair practices are as follows:

a. falsely implying or claiming authority, for example, claiming to work on

instructions from the courts, claiming to be bailiffs or, in Scotland,

sheriff officers or messenger-at-arms

b. falsely implying or stating that action can or will be taken when it legally

cannot, for example, referring to bankruptcy or sequestration proceedings

when the balance is too low to qualify for such proceedings or claiming a

right of entry when no court order to this effect has been granted


“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

If a Cagger helps you, click their star. Better still, make a donation however small, so that CAG can continue to help others.

Share this post


Link to post
Share on other sites

I would suggest you get a complaint into Trading Standards, the OFT and the Ministry of Justice. HFO are behaving very badly here. Writing to you does not reset the statute barred clock nor keep it ticking from that point. They are very economical with the truth and with their figures, they like to slap on backdated interest to 2007.

 

I still find it very hard to believe that a company would not chase debts worth 10s of thousands from the day they got them. Something is clearly very amis with their business administration if they have missed these debts in all that time.

 

We really need a good audit of this firms internal processes - including the assignments and allocations after assignment.

Share this post


Link to post
Share on other sites

You gotta laugh at their inept foolish employees, where do they get them from??? I know they like to recruit ex burger flippers from the golden arches but jeez!

Here is the list of organisations you need to complain to for their immature threats;

OFT&TS via http://www.consumerdirect.gov.uk/contact

 

http://www.justice.gov.uk/contactus.htm

 

Local MP http://www.writetothem.com/


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

Share this post


Link to post
Share on other sites

Thanks all, advice appriciated.

I will wait to hear from them again before i put in any form of complaints. I was suprised to learn they had not got court actions underway from ages ago as the debt is huge, i certainly cannot afford to pay it.

Share this post


Link to post
Share on other sites

Well, you’re in luck. So it’s now irrelevant. The actual debt won’t go away, but what they can do is severely limited.


“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

If a Cagger helps you, click their star. Better still, make a donation however small, so that CAG can continue to help others.

Share this post


Link to post
Share on other sites

Any feedback on this?


“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

If a Cagger helps you, click their star. Better still, make a donation however small, so that CAG can continue to help others.

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...