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    • This is what I have said in my email of complaint:   On 29th November 2023 I took out a loan of £5000 with you. Unfortunately very early into 2024 I have found myself in financial difficulty and I contacted you on 13th February 2024 asking if there was any way I could extend the length of my loan to 36 months and I fully explained why I was requesting this and asked for your help. I again contacted you on 7th March 2024 to advise you of a change in my circumstances which resulted in me having to take out a DMP and asking you to confirm that the direct debit had been cancelled. You would have also received confirmation of this DMP from StepChange but you did not acknowledge receipt of my email.  I have now therefore fallen behind on several of my debts, yours included, and as a result you have lodged a Cifas marker against my name for "evasion of payment", which has resulted in me having to change banks, which has been an extremely difficult process because of the Cifas marker. I do not feel you have been fair or given me the opportunity to fully explain my situation to you before you lodged the marker against my name.  I cannot stress to you enough how much this has affected my mental health. I am having trouble sleeping and my existing health condition has been exacerbated by all of this.  What I would like you to do is to please remove the Cifas marker and let me make arrangements to pay the loan back through a DMP. If you fail to resolve my complaint within 8 weeks, or if matters are not settled to my satisfaction, I will have no alternative but to refer my complaint to the Financial Ombudsman Service. I look forward to hearing from you. Yours faithfully, Should I send something along those lines to the CEO? 
    • Right... Misuse of Facility is a Cat 6 and is considered the worst out of all of the CIFAS Categories for CIFAS Markers.  However lets see what happens when MCB come back to you. Make sure you refer it to the CEO.    IF YOU DONT HAVE A VALID REASON FOR THE ISSUE WITH PAYMENTS ETC - Then the marker will stay.   
    • That "oh dear" doesn't sound good  
    • Oh dear.. Misuse of facility...  Cat 6... No wonder everything is being nuked from high orbit... More in a bit.. 
    • Thank you fkofilee First question: what do I do if Monzo close my account? I need an account but no one will touch me with this marker against me. Is there anywhere/any other option that I have if Monzo close my account? MCB is My Community Bank?  Yes What Category of Marker do you have? This is what it says on the Cifas SAR: Application date: 07 December 2023 Date recorded: 09 April 2024 Expiry date: 09 April 2030 Cifas Case Identifier: 15435315 Product relating to the application, proposal, account or facility: Personal Loan – Unsecured Facility: Granted Case type: Misuse of facility Reason(s) for filing: Evasion of payment Financial Loss Value of Loss: £5000.00 When did you raise the complaint? Last night via email Do you have Correspondence / Audit Trails of communications showing that you were in severe financial strain due to an event AFTER you took the loan? I can prove that I had to buy a new washing machine, I have my pay slips showing the emergency tax code and a letter from the tax office after I had spoken with them to get it corrected and of course I can get a copy of my vet bill. And all of this was in the first 2-3 months of 2024.  I panicked. Stupid I know and as you say, I have learned the hard way and I am not in any way denying anything that I have done wrong, but it just feels a bit unfair.  It is what it is I guess and if I have to have it on me forever then so be it. I am just so worried about the bank situation 😕    
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Another one for the HFO fan club!!!


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Hi folks

 

I had a Notice of Assignment from HFO Services re: M & S account (Credit Card I think).

 

Here it is word for word below:

 

Dear Delta-76

 

Your account, including all legal rights and obligations associated with it has been sold by Marks Spencers Fiin Serc PLC to HFO Capital. Your debt is now subject to HFO's standard terms and conditions.

 

This account has now been assigned to me. As HFO will devote all its commercial and legal resources to the collection of this debt, my responsibility is to assist you in coming to a final and positive resolution with this account. I request you to contact me as soon as possible so that we may work towards reaching an amicable solution on this outstanding issue of yours which is incurring interest charges because of non-payment.

 

It will never be cheaper or easier to settle this debt than it is today. We understand that no-one wants to be in debt and I will do everything I can to help you. If you have any queries regarding the assignment of you debt, please call me on 0203 **** ***

 

Yours faithfully

 

 

***************************************************************************

 

I have/had another account with this lot which I haven't heard a peep about from HFO for nearly 2 years now after CCA ing them & getting nowt back except more threatening letters until they got reported to the OFT/TS and Police.

 

This account was taken out in 2004/5, last payment was in August 2007, passed to Moorcroft, then when I was having trouble with HFO originally they said I had two accounts with them, this NoA is the first correspondence I've had with them for 2 & a half years regarding this account.

 

First question, how do NoA work, am I meant to get this from HFO or M & S?

Second is there any way they should be delivered in the post?

 

I what my next step will be & they ain't gonna like it! Any help would be appreciated, thanks!

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As you have delt with HFO before I don't need to give you the low down on them, but welcome to the HFO fan club. When does it say that the account was sold to HFOC?

My advice is given through personal experience and is given without prejudice

 

 

If I Have helped please feel free to click the star

:smile:

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And just to note that your account is subject only (if enforcable) to M&S T&C's, not HFO's . They cannot enforce their own T&C's on the account. How much have HFO added to the total sum?

My advice is given through personal experience and is given without prejudice

 

 

If I Have helped please feel free to click the star

:smile:

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Doesn't say when it was passed to HFO as for how much has been added to the account at the moment is anyones guess.

 

When I had dealings with this shower 2+ years ago, they kept going on about a second account, never had anything about this account until now, so I would guess they have sat on it for two years or more.

 

CCA req off in post on Monday!

 

As for T & Cs I didn't think their own even came into it!

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Well you probably know the drill by now then, recorded delivery, keep the receipt. Keep all envelopes that their mail comes in etc etc. At a guess you will probably end up sending a SAR off to M&S , so you may want to think about doing it sooner rather than later.

My advice is given through personal experience and is given without prejudice

 

 

If I Have helped please feel free to click the star

:smile:

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The only date on this is the date of the letter Jan 11th.

 

With my other account I sent the CCA off they just ignored it, the letters come thick & fast along with many calls thats why in the end I went to the Police & OFT!!! I can see that happening again.....however........being a cagger for the last 2 years things will be very different for them this time.

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Then without any other correspondance that is your official date and notice of assignment , so they shouldn't of put any charges or interest on before that date.

 

Too right about the letters, they can be quite daunting when you first get them. I think if they weren't so bad I probably wouldn't of hid from them for so long, so they screwed themselves over really.

 

As your an experienced Cagger there's not much advice to give, think it's a case of waiting until you get a reply from HFO

My advice is given through personal experience and is given without prejudice

 

 

If I Have helped please feel free to click the star

:smile:

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Tell you one thing I HATE this company, I mean really hate them, I remember the stress they put us through, thanks to this site, I'm more aware of my rights, as for experienced....I'm still learning, I think we all are.

 

There are still areas of debt collection I am unsure of, I try not to advise on things that I haven't experienced or done. I am expecting trouble with HFO of sorts ie phone calls etc but I have a far better way of dealing with them now than I did 2 years ago....if they don't take 'b***** off, everything in writing', set the Mrs onto them, she just turns the air very blue...they don't like my Mrs (she has Aspergers)!

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If you have not received a reply to the CCA letter within 12 plus 2 days send the Account in Dispute letter (in CAG library) and do not speak to them on the phone - tell them to foxtrot uness you can record the calls. Do not let them intimidate you and keep a record as all complaints can be fowarded to OFT who will be pleased to receive these.

Please support CAG and they will support you.

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I don't intimidate easily now, if they phone they get the 'In writing please now b***** off' if they are stupid enough to phone back to remonstrate then I'm like a broken record but the goodbye does get stronger then I set my Mrs on them!

 

One time I asked one woman what part of **** off doesn't she understand! Not nice I know but this is not a nice company to deal with!

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From memory, this was sent to Moorcroft in May 2007, then heard nowt until June 2008 when I was dealing with another account that HFO had also with M & S but this NoA is the first proper correspondence I've had with HFO regarding this particular account.

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HFO seem to be busy again of late - wonder why?

 

Perhaps somebody should try and word a strong letter to the OFT with a pile of complaints from this site and ask for their licence to be revoked. What comes on here is only the tip of the iceberg.

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HFO bought a batch from M&S in July 07, but the purchase was made under an agreement M&S made with HFO Capital Cayman.

 

The infamous CP2 document means the account was STILL assigned onwards to HFO Services.

 

By stating HFO Capital, they now mean Ireland, which we know cannot be the case.

 

Note that they will try to claim interest from the original date of assignment. They cannot. As far as you are concerned, the account was assigned on 11 Jan 2011, no earlier, as this was your first correspondence (and it reads as such).

 

A call to M&S to ask to whom and when exactly the account was sold would not go amiss.

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Don't forget to send them the Harrassment by telephone letter from the CAG library, my calls from them stoped immediately after I read them the riot act from it.

 

Yes there does seem to be an influx of HFO'ers at the moment. I think they have worked their way through the last batch of Barclaycard debts and moved on

My advice is given through personal experience and is given without prejudice

 

 

If I Have helped please feel free to click the star

:smile:

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Yes - they have a habit of trying to revive all accounts, they did this to me in July 2010 although I am sure that they were harassing me in 2008 when I joined CAG. Must be running out of accounts to chase.

 

Beware though, as I am sure that they are now under the impression that they can use Application forms and others bits of paperwork to prove their case so it is important to be aware of what they have and mount a defence.

Please support CAG and they will support you.

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