HFO 'Reminder notice of Assignment'

[tryingtobefree]

Ok thanks coledog, Ill keep you updated.

[tryingtobefree]

Hello all

 

I have today received correspondence from HFO stating: a letter from your account manager is attached for your attention. Please contact your account manager directly if you have any concerns or queries.

 

Attached is a copy of a letter to hfo from citi enclosing 'true copies of the debtors original and final agreements with citifinancial Europe plc.'

 

As stated they enclose a credit card agreement regulated by the consumer credit act 1974 dated 01/08/06 and another 'credit agreement regulated by the consumer credit act 1974' dated 02/03/04.

 

Neither have a signature. Any ideas what this means, as you will probably remember I really am quote clueless.

 

Thank you so much in advance.

[FORMISTER]

Is it possible to scan them and post them up? Obviously without any personal details showing

[coledog]

It is a 'recon'

 

Write back to them and say the following, send recorded:

 

Dear sir/madam

 

I acknowledge no debt to your company.

 

Thank you for your response to my request under the Consumer Credit Act section 78.

 

As you have forwarded a reconstituted agreement, you will need to confirm that you have the original signed Agreement, and in what form, ie microfiche, together with the reason this has not been sent at this request.

 

I consider that this account is still in dispute.

 

As you must realise this agreement does not conform to sections 60(1) and 61(1) of the Consumer Credit Act 1974 and would therefore only be enforceable by a court under s65. However, the absence of any signature means that a court would be prevented from enforcing it under s127(3).

 

I am granting to you a further 21 days to produce a copy of an executable agreement. After that I will consider that the above account is closed and that you will no longer pursue the alleged debt.

 

After this period you should close the file and cease processing an personal data relating to me on this matter.

 

Yours faithfully

 

 

That was my 3000th post!

[FORMISTER]

CD congrats on your 3000th post.

 

i agree, recon sprang to mind straight away. Would be good to see them still, if you get a chance to post them up at some point.

[tryingtobefree]

Thank you for your replies. Could you advise how to upload please?

[tryingtobefree]

Also today been forwarded at 72 hr notice of litigation dated 12 April. Have not been able to send the suggested letter as yet. Is it too late to do anything?

[tryingtobefree]

Hello all, I started this post done time ago as you can see and until this week heard no more from hfo. I have now received a letter from hfo stating that they've passed it on to dcw and dcw have sent a letter asking me to cobtact them. I know that no cobtact has been made for over 6 years (6 years November 2012 I believe).

 

Which letter would you now send and to who?

 

Many thanks again!

[DonkeyB]

If you are absolutely sure the account is now SB, send the SB letter to HFO and copy it to BCW.

[DonkeyB]

You mentioned years ago that you had a last payment date of April 2006, but that you offered to pay through Payplan later that year. Did anything come of this? Just be sure it really is SB!

[tryingtobefree]

Hi DonkeyB, no nothing came of this. As far as I remember they insisted I pay the full amount and refused the pay plan hence why I discontinued cobtact.

 

I believe no contact was made after November that year and I'm pretty sure the paperwork I received confirmed no further payments were made.

 

If I send the sb letter does this basically say that I acknowledge the debt. Although I am pretty sure of this it does make me nervous. Maybe I should go the long route?

[broken arrow]

Also today been forwarded at 72 hr notice of litigation dated 12 April. Have not been able to send the suggested letter as yet. Is it too late to do anything?

 

That's a long 72 hours, if your sure its SB, send the letter.

[tryingtobefree]

Is it still sb if I sent the £1 request two years ago?

[DonkeyB]

The £1 has nowt to do with the account – it was for a CCA request.

[coledog]

Is it still sb if I sent the £1 request two years ago?

 

If that is the only payment in 6 years - yes, that was NOT a payment against the debt

[tryingtobefree]

Thank you both, I remember your great help last time.

 

So I definitely send the sb letter coledog?

[coledog]

I would - if they they come back with £1 paid you can challenge this. Think they are clutching at straws anyway and HFO are trying to retrieve the last pennies! Whatever happens you have help

[coledog]

Evening DB

[tryingtobefree]

Thank you both again!

 

Is this the correct letter:

 

 

Dear Sir/Madam

 

Ref: xxxxxxxxxxx

 

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

 

We would point out that we have no knowledge of any such debt being owed to The Loan Company.

 

We are familiar with the ‘Office of Fair Trading Debt Collection Guidance’ which states that it is unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

 

We would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

Furthermore, ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

 

We would ask that no further contact be made concerning the above accounts unless you can provide evidence as to our liability for the debt in question.

 

We await your written confirmation that this matter is now closed. Otherwise we will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

 

We look forward to your reply.

 

Yours faithfully

 

 

 

 

 

Mrs A N Other

[coledog]

No - that is the 'know nothing about this' letter - the SB letter is this one

 

http://www.consumeractiongroup.co.uk/forum/content.php?408-Letter-sent-when-debt-is-statute-barred

[tryingtobefree]

Ok thanks. Any ideas how this will show on my credit report? Is it worth checking?

[tryingtobefree]

I just checked my report with equifax and no sign of account

[broken arrow]

I just checked my report with equifax and no sign of account

 

It would have dropped off after 6 years.