HFO, please help!

[lottieloves2]

Hello,

I received a letter from HFO yesterday. They are claiming I owe Barclaycard £2397.00, and they have enclosed a copy of my Experian file (which shows no mention of a debt to Barclaycard? And is it fair they can sell your phone numbers on Experian!), and a copy of the deeds to my house. I remember having a Barclaycard about 5 years ago, but thought it had been satisfied (although I can't be sure!), and the limit was £500, I have moved twice since then.

 

Could any please offer advice on how to deal with this? Do they have a leg to stand on if my credit file shows no debt to Barclays at all?

 

Thank you in advance!

[sillygirl1]

The have broken a lot of laws with this, complain to Trading Standards via Consumer Direct, uploading the documents with your complaint, complain also to Experian about them misusing your data, complain also to the OFT, Ministry of Justice and your local MP.

 

I will alert others of the HFO fan club to your thread.

[dadofholly]

Hello,

I received a letter from HFO yesterday. They are claiming I owe Barclaycard £2397.00, and they have enclosed a copy of my Experian file (which shows no mention of a debt to Barclaycard? And is it fair they can sell your phone numbers on Experian!), and a copy of the deeds to my house. I remember having a Barclaycard about 5 years ago, but thought it had been satisfied (although I can't be sure!), and the limit was £500, I have moved twice since then.

 

Could any please offer advice on how to deal with this? Do they have a leg to stand on if my credit file shows no debt to Barclays at all?

 

Thank you in advance!

 

Have HFO actually sent you anything that looks like an original agreement, Terms & Conditions - statements or the like?

[DonkeyB]

Subbing

[lottieloves2]

Hi, no, nothing at all, just a copy of my credit file showing no debt to Barclaycard at all, and a copy of my house land registry documents, and saying they want to apply to put in a charge against my property if I don't settle.

[lottieloves2]

The have broken a lot of laws with this, complain to Trading Standards via Consumer Direct, uploading the documents with your complaint, complain also to Experian about them misusing your data, complain also to the OFT, Ministry of Justice and your local MP.

 

I will alert others of the HFO fan club to your thread.

Thank you.

[DonkeyB]

Can we step back a bit? We need some history on this, such as when you took out the account, why it all went pear-shaped for you, and details of the correspondence you’ve had from HFO.

 

Have you received a Notice of Assignment? When do they claim the account was bought by them?

 

Tell us everything you can.

 

And they can’t get a charging order without a CCJ, so don’t worry.

[dadofholly]

It sounds like you have one of their standard threatograms.

 

No Agreement = no CCJ = No charge against your property.

 

It looks like they have nothing on you otherwise they would have sent it.

[DonkeyB]

It sounds like you have one of their standard threatograms.

 

No Agreement = no CCJ = No charge against your property.

 

It looks like they have nothing on you otherwise they would have sent it.

 

Hi DoH

 

HFO won’t send, unbidden, anything important without a legal request (such as a CCA request)!

[dadofholly]

Hi DoH

 

HFO won’t send, unbidden, anything important without a legal request (such as a CCA request)!

 

Gotcha - they did with ours - but thinking back that may have been in response to sending them a bemused letter. But initially i think you correct it was just the usuall threatograms.

[dadofholly]

Lottie have you recieved anything that says it is a notice of assignment?

 

When did you open the account - and when did you last make a payment?

[lottieloves2]

Can we step back a bit? We need some history on this, such as when you took out the account, why it all went pear-shaped for you, and details of the correspondence you’ve had from HFO.

 

Have you received a Notice of Assignment? When do they claim the account was bought by them?

 

Tell us everything you can.

 

And they can’t get a charging order without a CCJ, so don’t worry.

 

Hi, I have not had a Notice of Assignment, or any information about buying the debt. There is no information about when the debt happened, although I remember taking out a Student account with Barclays in 2003. I moved house in 2006, but thought everything was cleared, although I was at the end of a pregnancy, and scatterbrained! I've never had a card for more than £500, and have been good at paying them back.

 

This is the first letter I have had from HFO, although they say they have been trying to contact me and I haven't responded to the 'offer HFO has in connection with my account'.

[DonkeyB]

Standard HFO tactics. They will even claim in a court that documents were sent when they were not – and I can prove that is their modus operandi.

 

Can you remove your personal and account details from what they have sent you and post it up?

 

This account is probably getting close to SB, I would guess in the next six or eight months – this is why HFO are panicking about these old accounts. They have sat on them for years, doing nothing. It just proves they are running their business rather badly. Aren’t you, Mr T? If I was your big boss, I’d sack you.

[cb2009]

love the comment to Mr T

[dadofholly]

love the comment to Mr T

 

BINGO!

 

(sorry its an in joke)

[dadofholly]

Opinions

 

Is it worth her sending a CCA to T&R and an SAR to BC?

 

or just ignore it for now.

[DonkeyB]

Opinions

 

Is it worth her sending a CCA to T&R and an SAR to BC?

 

or just ignore it for now.

 

I agree. Time to flush out the truth!

[dadofholly]

CD - if you appear can you post up the copy of the SAR you have?

 

Will make a copy of it myself for future reference. Thanks

[dadofholly]

Hi Lottie

 

Amend and send the following to HFO

 

CCA request letter.

 

Letter requesting a copy of your agreement - It should be sent with a £1 postal order and sent recorded/guaranteed delivery - It should be sent to whoever OWNS the debt, the timescale for providing this is 12+2 WORKING DAYS. If it is not sent within this timescale they are in default of your request.

 

 

Your Address

 

Date

 

Dear Sir/Madam

 

Re:− Account/Reference Number:

 

This letter is a formal request pursuant to s.77(1) of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77(6) will apply.

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

We look forward to hearing from you.

 

Yours faithfully

PRINT YOUR NAME - Do Not Sign

[coledog]

Hi

 

SAR request to send to BC with a £10 postal order, send recorded, sign in special box

send to

]

BARCLAYCARD

Data Protection Team

Dept LRC

Northampton

NN4 7SG

General SAR template.doc

[dadofholly]

Lottie - REF: the SAR posted by Coledog - i note you have moved since you originaly had your card.

 

Barclaycard may ask you to send them evidence to confirm it is you. If you still have the original card details you can ring their customer services and ask them to update your address etc.

 

If not ring the Information Commissioners helpline and ask them what evidence you need to provide. Then send it with the SAR. Information Commissioners helpline number is 0303 123 1113

[coledog]

Hi Lottie and welcome

 

Hope you get the idea about fighting back against these people - send the CCA request and SAR which will give YOU information about this and also make some complaints about the appalling behaviour of this company and their abuse of personal data.

 

I presume HFO are not ringing you? Do not ring them and look out for postcards from shady delivery companies as this is a way of phishing for your details

 

Below is a link to a thread which explains how to complain to Experian about the credit report that was sent to you. Is there an entry on it for this debt at all? If not why have they accessed it, a question for Experian. You should also make complaints to the OFT, Trading Standards (via a phone call to Consumer Direct) and the ICO.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?280552-HFO-Services-now-using-e-consumerview-reports-to-encourage-payment&highlight=

[broken arrow]

subbing.

[lottieloves2]

Thank you so much for that! I'll do it tonight and let you all know the outcome!

 

And thank you all for your replies, you've made me feel much more postive about this.

Hi Lottie

 

Amend and send the following to HFO

 

CCA request letter.

 

Letter requesting a copy of your agreement - It should be sent with a £1 postal order and sent recorded/guaranteed delivery - It should be sent to whoever OWNS the debt, the timescale for providing this is 12+2 WORKING DAYS. If it is not sent within this timescale they are in default of your request.

 

 

Your Address

 

Date

 

Dear Sir/Madam

 

Re:− Account/Reference Number:

 

This letter is a formal request pursuant to s.77(1) of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77(6) will apply.

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

We look forward to hearing from you.

 

Yours faithfully

PRINT YOUR NAME - Do Not Sign

[lottieloves2]

Hi Lottie and welcome

 

Hope you get the idea about fighting back against these people - send the CCA request and SAR which will give YOU information about this and also make some complaints about the appalling behaviour of this company and their abuse of personal data.

 

I presume HFO are not ringing you? Do not ring them and look out for postcards from shady delivery companies as this is a way of phishing for your details

 

Below is a link to a thread which explains how to complain to Experian about the credit report that was sent to you. Is there an entry on it for this debt at all? If not why have they accessed it, a question for Experian. You should also make complaints to the OFT, Trading Standards (via a phone call to Consumer Direct) and the ICO.

 

Hello, no record of the debt on there at all. Will the search show up, for example, if I wanted to get credit for something else (I don't but I'd be annoyed if I did and was turned down because of searches by people like HFO..) I will log a complain with the people you have mentioned. Thank you!