Jump to content



HFO have sent me 72 Hrs notice of litigation


Please note that this topic has not had any new posts for the last 3372 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 feel honoured, HFO have sent me a 72 hour notice !

 

I've had no previous communication from them until this last week. A few days ago they sent a copy of what could be an Experian report, but is inaccurate. The letter that came with it claims they have worked out that I can afford to repay my debt. The crucial part is that the bit which says they've confirmed the address is saying 'no' - so they cannot be sure they even have the right person. That letter goes on to say they have confirmed I am the property owner, I'm not.

 

Then I find a 72 hour notice of litigation waiting for me when I got home tonight. A direct Debit form and the infamous EX326 copy. Did HFO get a new photocopier for Christmas then?

 

They've also called the office during the week and spoken to one of the staff. Thankfully, my colleague is up on these things and refused to confirm who he was, which just got the guy at the other end wound up enough to insist that he was talking to me and giving out details of the alleged debt...!

 

Now I have the letter it tells me what the alleged debt is about and I've previously had to tell two other DCA's to 'go away' through not being able to produce any CCA paperwork - so that means HFO are acting unlawfully by dealing with this whilst valid requests are still outstanding.

 

The letter itself is badly written, I'm wondering what a "County Court Claim From" is...? They are claiming something from the court maybe.

 

Looks like I need to send them the 'go away you muppet, this line of action is doomed to failure' letter.

 

Am I wasting a stamp ?

Be good to those who give you advice that helps - click the star to give them your thanks by way of a reputation credit.

 

Link to post
Share on other sites
  • Replies 65
  • Created
  • Last Reply

Top Posters In This Topic

Hillards, I've moved your post to a separate thread to keep things neat and tidy and ensure you get advice tailored to your situation.

 

S.

Are You as Anonymous on CAG as You Think You Are? *Link*

 

The CAG is a free help site,should you be offered help that requires payment,please report it to site team.

 

Deal with your debts:

STEP ONE - Dont Panic! | STEP TWO - Priority & Non Priority Debts | STEP THREE - Personal Budget Sheet | STEP FOUR - A SAFE bank Account | STEP FIVE - Dealing with Priority Debts | STEP SIX - Non-priority Debts | STEP SEVEN - Non-Priority Debt-Repayment Opt1 | STEP EIGHT - Non-Priority Debt-Repayment Opt2 | STEP NINE - Perils of Consolidation | STEP TEN - RE-Evaluate Frequently

 

***** SERIOUSLY IN DEBT, DONT KNOW WHAT TO DO, TRY NationalDebtLine's MoneySteps *****

 

 

IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.

Link to post
Share on other sites

Ooh, seems they're having a bit of a purge of late, quite a few 72 hour pillocks notices being sent out!

 

2nd class stamp, if you feel obliged to respond to their puerile missive..

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!

 

 

Link to post
Share on other sites

Thanks Shadow

 

Hillard - have HFO bought this debt and sent you a Notice of Assignment?

 

Who is the OC and who else has been chasing it? Do you have copies of the CCA requests and corresponding account in dispute letter as you can inform HFO that the account was placed in dispute with xxxx on xxxx and this will save you sending another CCA request

 

I am adding some complaint links below particularly complain to Experian about the use of the credit report (see thread on this) and MOJ about the use of their leaflets. Also you must register a complaint with OFT and attach copies of the correspondence. Also complaint to ICO.

 

Complaints

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

OFT http://www.oft.gov.uk/

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

 

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

ICO via http://www.ico.gov.uk/complaints/data_protection.aspx

OFT Guidance link

This helps when drafting a letter to OFT

http://www.consumeractiongroup.co.uk/forum/content.php?416-The-OFT-Debt-collection-guidance

Receipt of e-consumerview report complaints

Link to a CAG thread on experian and complaining, there is a sample letter in there

 

http://www.consumeractiongroup.co.uk...ment&highlight=

At your Service

 

Please Double click the Star and leave a message if I have helped you

 

Please support CAG and they will support you.

Link to post
Share on other sites

I will pm you the name of a contact at OFT

At your Service

 

Please Double click the Star and leave a message if I have helped you

 

Please support CAG and they will support you.

Link to post
Share on other sites

Oooooooohhhhh - hornets nest stirred it seems, sorry if I appear to have jumped in on another thread, was just adding my 2p worth to that, not meaning to detract from the OP's cause but to add to the content.

 

I was so excited to get the 72 hour notice though, normally DCA's don't reach that stage because I've already told them to clear off following their previous correspondence. This time I've only had the two letters noted, the Experian report and the 72 hour notice. I've not seen a NoA or other document to say they are dealing with this, or that they've bought it, or even that they would like to become penpals.

 

It's a few years since this was last chased, I've looked back on what records I have. It was chased by Lowells and then MacKensie Hall. I'm going to look and see what else I have on file. It's possible another DCA had it earlier than that, my memory is not what it used to be.

 

OC was Citibank, I had lodged a dispute with them regarding (their lack of) payment under PPI following unemployment. I later disputed the fact they had added charges and interest whilst the account was in dispute. I was still waiting for them to deal with that when the original DCA letters arrived. I sent a CCA request at the time, it crossed with them going to Muck Hall. Lowells said they were contacting their client, I sent them a 'too late, you've blown it' letter, then all went quiet again.

 

The EX326 is just a copy of the Internet form at http://www.hmcourts-service.gov.uk/courtfinder/forms/ex326_0405.pdf

 

The 'Experian report' is difficult to read, it's from a colour laser printer I think. Very small font size and, from what bits I've strained my eyes at, tells me I have no less than 5 bank accounts I don't know about. I have not had time to go through it all yet.

 

I did a letter last night (2nd class stamp already on it), not yet posted, and have since made some revision to further slap them in the face for their continued naughtiness ;-)

 

Many thanks for the various links coledog, saved me a lot of searching.

Be good to those who give you advice that helps - click the star to give them your thanks by way of a reputation credit.

 

Link to post
Share on other sites

If they have not sent a Notice of assignment, ask them to prove their right to actually chase you for payment on this particularly as you have previously disputed this with other parties.

 

Request a copy of their formal complaints procedure (I like it when they get these requests).

 

Make sure that you state 'I do not acknowledge any debt to your company'

 

Make official complaints ASAP

At your Service

 

Please Double click the Star and leave a message if I have helped you

 

Please support CAG and they will support you.

Link to post
Share on other sites

May be worth a SAR to Citi and ask them exactly when and to whom they sold the account. the template I use is below. Citi are pretty useless!

General SAR template.doc

At your Service

 

Please Double click the Star and leave a message if I have helped you

 

Please support CAG and they will support you.

Link to post
Share on other sites

Address for Citi is:

 

The Data Controller

Citi Cards Services

CitiFinancial Europe plc

PO Box 49920

London

SE5 7ZF

At your Service

 

Please Double click the Star and leave a message if I have helped you

 

Please support CAG and they will support you.

Link to post
Share on other sites

I notice the form the send doesn't even tell you that you have a legal right to defend their claim, the number of people lately I have explained that just because they have the paperwork it ISNT a CCJ until judgement and that you can and should defend it.

 

Does the HMRC know about the misuse of this form?

Link to post
Share on other sites

HMCS??

 

Def make a complaint to them

At your Service

 

Please Double click the Star and leave a message if I have helped you

 

Please support CAG and they will support you.

Link to post
Share on other sites
Subbing

 

Top CAG Tip, for anyone else looking to subscribe:

You don't need to add a message to sub to a thread - go to the top of the page and look for 'Thread Tools' just above the first post. You can quickly sub (or un sub) to any thread using that.

 

HMCS??

 

Def make a complaint to them

 

DCA's often quote the MOJ, usually in with words like could or may, but to send a copy of a court document and say they will “enforce our judgement” before they even have one is a bit much!

Be good to those who give you advice that helps - click the star to give them your thanks by way of a reputation credit.

 

Link to post
Share on other sites
Top CAGlink31.gif Tip, for anyone else looking to subscribe:

You don't need to add a message to sub to a thread - go to the top of the page and look for 'Thread Tools' just above the first post. You can quickly sub (or un sub) to any thread using that.

 

You learn something new everyday:-)

US President Barack Obama referred to Ugland House as the biggest building in the world or the biggest tax SCA* in the world.

Link to post
Share on other sites

Posting a sub is more fun though and shows you are interested

At your Service

 

Please Double click the Star and leave a message if I have helped you

 

Please support CAG and they will support you.

Link to post
Share on other sites
Posting a sub is more fun though and shows you are interested

CD you will do anything to increase your posts:razz:

US President Barack Obama referred to Ugland House as the biggest building in the world or the biggest tax SCA* in the world.

Link to post
Share on other sites

Yes, I know - I am winning hands down mate:-) 1,960

At your Service

 

Please Double click the Star and leave a message if I have helped you

 

Please support CAG and they will support you.

Link to post
Share on other sites

Watching with interest...Popcorn and front row seat :)

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

Link to post
Share on other sites

Now they've sent the 'Notice of intended litigation' letter, where the red box appears in the window of the envelope for the postie to see ! Timescales of what they might do, telling me they don't like that I've not agreed a repayment plan with them and they don't have any option but to go to court, then give me a load of waffle about how that's going to take weeks. Another copy of a court document about fees this time.

I was looking at the Experian report they sent, there's a bit where it says 'verified at this address' or something, and that's marked 'no' - which means they have not fully checked that I live where they sent it, must be a further breach of the DPA.

So, I sent them a letter, telling them I wasn't happy with their threats and to go away as this has been dealt with before. They can either continue with their programme of junk mail and annoy me further, or return the case to the OC, who should be dealing with the original dispute anyway. I'm not about to waste another quid asking them for a valid CCA I know they cannot produce. I added bits in about harassment and not to phone, then reduced everything to rather a small, just about readable, font size before sending.

Having to wait until payday next week to do a SAR to Citi, disadvantage of being on pre-pay energy meters at this time of year, they guzzle money! May as well get the latest info as to what they have on file, if they remember me at all.

Waiting to see if Horrendous Flatulent Orifice do more than send the usual 'we have returned this case to our client' - I have a strong dislike of DCA's who attempt to intimidate or threaten.

Be good to those who give you advice that helps - click the star to give them your thanks by way of a reputation credit.

 

Link to post
Share on other sites

Waiting to see if Horrendous Flatulent Orifice do more than send the usual 'we have returned this case to our client'

 

I think that you will find that HFO or an HFO company have actually bought this from Citi - although they have not actually sent you a proper 'notice of assignment' to inform you of this, therefore they will not be passing it back as such but may shut up if you challenge them.

 

Have you made a CCA request to them and also ask what right they have to purue you?

At your Service

 

Please Double click the Star and leave a message if I have helped you

 

Please support CAG and they will support you.

Link to post
Share on other sites
Have you made a CCA request to them and also ask what right they have to purue you?

I did CCA the previous DCA, years ago, they could not supply any paperwork and slithered away. I did say I was not about to waste another quid of repeating that move, I know only too well that they will take the money as a 'payment' to say I've admitted something or other.

Their paper generating machine probably has a couple more red lettered standard letters to send me yet, I'm waiting for a more personalised response.

Be good to those who give you advice that helps - click the star to give them your thanks by way of a reputation credit.

 

Link to post
Share on other sites

A CCA request s normally a good way of shutting them up and avoiding the letter table tennis but see if they do respond to your letter.

 

Please make sure that you report their latest threatogram to OFT

At your Service

 

Please Double click the Star and leave a message if I have helped you

 

Please support CAG and they will support you.

Link to post
Share on other sites

If there was a default on the CCA request all that time ago, then that default remains; did you keep proof of the request, or do you have copies of any response?

 

Legal action cannot be taken while a CCA request is in default.

“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.

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...