HFO services, Barclaycard and debt relief order help please!

[londonbornpaddy]

Under the advice of wiser people than myself i have started a thread here to explain my situation and ask for a little bit of help.

 

I have received a lovely "threatener" from HFO services for a Barclaycard debt that i thought i had out run. The debt is for nearly £3000. I had a little panic and considered ringing them but after reading the posts on this forum from people concerning HFO i decided to try other things. I have been to CAB and they put me in touch with the National debt line people.

 

I am on long term incapacity benefit and after working out my incomings and out goings i have just under £30 a month left to put towards any debt repayment. i Stated in another thread that i was considering a Debt relief order that would wipe out the debt for no cost to myself after a year so long as my circumstances do not change - ie. debts under 15 thousand - no assets - and less than £50 a month after outgoings all paid. I was advised that i should not do this if it is my only debt ( which it is ) and to not even send a Hold action letter to HFO.

As i have no expertise in this area at all and have no other debts and am not likely to accrue and more debts, i would be very grateful for any further advise. The DRO sounded like a good idea to me - is it not?

 

Thanks in advance

 

LBP

[dadofholly]

To try and help can you give us a bit more information.

 

When did you originaly get your Barclaycard

When was the last payments you made on it?

 

What exactley have HFO sent you in the post so far?

 

Are you able to upload it removing any personal information and agreement numbers etc.

[broken arrow]

Hi and welcome, HFO do not play fair, what proof have they given you, that they have the legal right to chase this alleged debt.

[dadofholly]

Ignore.

Edited November 12, 2010 by dadofholly
Info already given in post 1

[DonkeyB]

Is this your first communication from them?

[sillygirl1]

As I said on the other thread do not reply to them and do not follow the advice from National Debt Helpline unless you have more debts.

 

HFO will have loaded interest on this alleged debt, and a file transfer fee, and alleged 'legal tracing fees' (have seen this on a letter a colleague brought in - getting them on the site too - charging £500 for tracing them).

 

Ignore them for now and see what else they come up with - don't forget to watch out for 'Silverpoint Delivery or First Logistics cards posted second class from SW19 claiming you have to contact them re important information or documents they can't release until they have confirmed you are you.

[coledog]

Hi there.

[sequenci]

Hi there.

 

Welcome to the forums.

 

Debt Relief Orders are excellent options as they can prevent creditor action quickly, they will also allow you to become debt-free after the 12 month period. What I especially like is the fact that creditors are banned from chasing people during that 12 months.

 

Option b is to try to see if there is a legal challenge as to the enforceability of the agreement. This might take longer, during that time HFO may continue to press for payment. Ultimately you might be abkle to get them to stop chasing if the debt isn't legally enforceable.

[londonbornpaddy]

Thanks everyone - i cannot upload any photos of my one and only communication from HFO but i can tell you that it was exactly the same one as Dogtrainer uploaded

I have not used or even seen my barclay card for over 4 and a half years and i think i have had it around ten years ( give or take )

What i really want to know is what is wrong with doing the DRO? And what if they take me to court? Ive never had to deal with people like this before so i am wary to say the least - im not stupid but i dont wish to get myself in more trouble when the debt relief order will get me out of trouble - i bow to those with more experience and better judgement

[sequenci]

What i really want to know is what is wrong with doing the DRO? And what if they take me to court? Ive never had to deal with people like this before so i am wary to say the least - im not stupid but i dont wish to get myself in more trouble when the debt relief order will get me out of trouble - i bow to those with more experience and better judgement

 

Hi there.

 

There is nothing wrong with having a DRO. In fact the benefits are:

 

a) HFO will be prevented from being able to contact you, also they will not be able to use any type of egal proceedings against you whilst the DRO is in place

b) interest and charges are guaranteed to be frozen

c) at the end of the 12 months the debt is written-off and you can make a fresh start

 

the drawbacks are:

 

a) the DRO will appear on your credit file for 6 years and affect your ability to borrow during that time, it's likely your credit file has already been significantly affected anyway

b) for the 12 month period your name will appear on a database of people in formal insolvency options

 

The route of challenging your credit agreement is perfectly fine too, it may take a while and there is no guarantee that the agreement is unenforceable (which is why people will look at it on here!). Also, some courts have granted court orders against unenforceable agreements - this process can take time. In all honesty if you're looking for a quick solution the DRO is certainly worth considering.

 

Best wishes,

 

Seq.

[londonbornpaddy]

thank you Seq.

Much appreciated

[coledog]

I think that the advice is - it may not be worth doing the DRO if this is your only debt. The HFO purchased debt could be unenforcable and will probably become Statute Barred in a year and a half anyway. You are not 'in trouble' you have committed no crime and have to put your own priorities first.

[DonkeyB]

And you don’t even know yet if they have any right to collect it.

[sequenci]

I think that the advice is - it may not be worth doing the DRO if this is your only debt. The HFO purchased debt could be unenforcable and will probably become Statute Barred in a year and a half anyway. You are not 'in trouble' you have committed no crime and have to put your own priorities first.

 

A very succinct answer.

 

The key issue is how you feel about challenging the debt. Most long-standing forum folks can tell you that many debts can be challenged, it just takes time. Also, the legal system is (sadly) unpredicatble, the creditor might win if it ever got to court. Having said that, you could always get a DRO at that point anyway!

[londonbornpaddy]

So, today i received a new letter from the lovely HFO telling me i now only have 72 hours to contact them or they will get very cross indeed. They also ,very helpfully, included a few photocopied sheets of paper telling me "what to do if i cannot pay my judgement" .. and the amount i owe has been raised a little bit for their troubles.

Im still unsure if i should just ignore them completely or go with the DRO.

Thanks again for everyones input

[coledog]

I would suggest hitting them with a CCA request and find out if they are entitled to pursue you for this. This will cost a £1 postal order and you give them 12 plus 2 working days to come back with a valid agreement. If not you can place the account in dispute.

 

I will find the letter link for you.

[sequenci]

So, today i received a new letter from the lovely HFO telling me i now only have 72 hours to contact them or they will get very cross indeed. They also ,very helpfully, included a few photocopied sheets of paper telling me "what to do if i cannot pay my judgement" .. and the amount i owe has been raised a little bit for their troubles.

Im still unsure if i should just ignore them completely or go with the DRO.

Thanks again for everyones input

 

DCAs always give ridiculous timescales, it actually takes a fair while to get to the court stage, you should consider sending the CCA just to fend them off for a while!

 

Best wishes,

 

Seq.

[coledog]

Link to CCA letter, send recorded delivery with a £1 postal order, do not sign. Let us know if anything is returned - after 12 plus 2 days you can send them the account in dispute letter. If you can find out if this debt is actually enforcable and HFO have a right to collect it, you can then make an informed decision about the CRO.

 

http://www.consumeractiongroup.co.uk/forum/content.php?414-CCA-request-letter.

[londonbornpaddy]

Thanks Coledog for the letter template - i cant send it off until tuesday but will get it done ASAP. Much appreciated

[dadofholly]

Thanks Coledog for the letter template - i cant send it off until tuesday but will get it done ASAP. Much appreciated

 

And dont forget to make sure you send it by recorded delivery.

[dogtrainer]

Hi londonbornpaddy did you send the CCA to them if so have you had anything back?

Edited November 30, 2010 by dogtrainer

[debt4get]

if you are on benefits and have very little in the way of disposable income or assets i doubt very much if this bunch of parasites will bother chasing you anyway once they know that...send letter for cca and lets see what they come up with

[londonbornpaddy]

Hello all - to be honest i have printed out all the relevant letters to send but i have not sent them - they sent me the "72 hours or we will get you" letter a while ago now and i have not heard anything from them since.

Im going to ignore them for a while longer and see what happens - to be honest my fear is - if i write to them then they will be sure they have my address - they have no actual proof of anything at the moment. If it gets serious again i will follow all the kind advice i read on here

Now - knowing my luck - tomorrow i will get a court summons.

[coledog]

I think that is a good tactic - just ignore for now and don't let them get at you, you have the ammunition if they come back. Keep in touch. BR should always be the last resort,

 

They will only take you to court if they think it is worth their while

[londonbornpaddy]

I am still trying to "pretend i dont exist" i realise i may have to face up to reality but i was wondering - i have received another letter - this one entitled "schedule of litigation" - what is the procedure for being taken to court?

Will i be made aware of when a court hearing is or can they do this without me? Will i receive actual letters from the court telling me when the case is? I really have no idea about this at all. Is it worth still ignoring their letters?