HFO have sent me 72 Hrs notice of litigation

[coledog]

That is true DB, inform them that this is already in dispute

[coledog]

The SAR to Citi may throw up a previous CCA request, if made when Citi still owned it

[DonkeyB]

Hillards, I’m sure you know what’s coming. It may well involve an N1 Claim Form.

 

HFO will swear blind they have been trying to contact you since the account was assigned to them, probably in 2007, so they can claim interest from that date. They will claim it is owned by HFO Capital Ltd Ireland. Thy will swear blind they have been in regular contact and you have ignored their letters.

 

Have they given any indication of when they claim to have bought the account?

[babybear39]

No company, unless this is a crown debt, can avoid non funishing of a CCA request.

[hillards]

Watching for the post still, nothing since the 'Notice of intended litigation' noted above.

I should have the earlier CCA request on file, probably on the old computer, now relegated to backup duties. I never got any response to the request and I don't think the PO had been cashed when I last looked at that. Sent recorded at the time.

If they do send any court documents I'm sure I can put the response together and inform the court these guys are acting illegally, they should not be acting on an account that is in dispute.

[coledog]

Make sure that you send the 'account in dispute' letter when the 12 working days (plus 2) are up

[hillards]

Just while I was waiting for HFO to respond, which they haven't, I dropped a few notes in the direction of Consumer Direct who replied saying:

 

Thank you for your enquiry to Consumer Direct dated xx XXXXX 2011.

Your reference number for this case is AB 123456 and should be quoted in

all further correspondence regarding this case.

 

Based on the information you have provided the key legal points in

response to your enquiry are as follows:

*

I understand you wish to report HFO Services Ltd who are

operating an unfair business practice and have obtained a copy of your

credit file without your permission.

 

I would advise that with regards to obtaining your credit file details

this would need to be reported to The Information Commissioner Office

(ICO). They are the UK's independent authority set up to uphold

information rights in the public interest, promoting openness by public

bodies and data privacy for individuals. Details of their service can

be found on website http://www.ICO.gov.uk or by

telephoning them on 0303 123 1113 Monday to Friday 9am - 5pm.

 

Regarding your concerns of the traders unfair business practice I will

refer your file for routine enforcement and collation purposes to

(my local) Trading Standards. Consumer Direct can not guarantee that you

will be contacted further by them.

 

Finally, the Office of Fair Trading (OFT) have a code of practice which

debt collectors should follow and details of this document can be found

using the following link :-

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft66

4.pdf.

 

I trust this is of some assistance. Should you wish to clarify anything

above please do not hesitate to contact Consumer Direct on the number

below, quoting your reference number.

 

(signed off and usual number given:) 08454 04 05 06

 

ICO's office informed...

[coledog]

Did you complain to OFT as well? OFT probably have more clought in this and should be building up quite a file. A complaint to ICO would not go amiss either

[hillards]

Yes, OFT too. Usual 'Automatic Acknowledgement' is all I've had so far.

[coledog]

Every complaint does help - hopefully

[Bazooka Boo]

Consumer Direct sit along side the OFT&TS so they pass all complaints over to them directly.

[hillards]

Sent them an 'account in dispute' letter at end of Feb, now had reply to say they've checked their files and they cannot find any record of a previous CCA request. 'Course not, it wasn't to them. It was a previous DCA, several years ago.

 

Looks like I'll have to CCA them to shut them up, and SAR to Citi - was hoping not to have to shell out cash on this yet again.

 

I've also written to Equifax to complain over the mis-use of a credit report of their origin. Waiting for their reply.

 

I know what the second two letters relate to with this lot, but what's the H for ?

[coledog]

Hopefully it stands for Hurryupand FO, no idea, all suggestions welcome. OR possibly Hillardsays.

 

It is worth the £11 pounds to get those letters off, they are getting quite aggressive at the moment.

[sillygirl1]

I think the H stands for HORRIBLE, or maybe they should be renamed HYSTERICAL FARCICAL OFFICES....

[babybear39]

lol...

[hillards]

So I complained to Equifax about HFO's mis-use of the data they provide. I quoted the reference number, date and time shown on the document - Equifax reply with a standard letter to say: "... Unfortunately, you have not provided a valid credit report reference number..." They then try to get me to take up a free credit report, which is NOT what I was trying to do.

 

I've checked the report I was sent by HFO, the number I quoted in my complaint to Equifax is correct, so I'm about to hit their complaint procedure by the look of things. I'll send them a copy of the page showing the reference number and see what comes back after that.

 

It could be that the 'report' is not genuine, if Equifax say the number is invalid That means I would have to ask HFO how they came to have it, I take it that would need to be with appropriate court paperwork?

 

Yes, I did head the letter with 'Complaint' and did not ask how to obtain my own report. So much for customer service.

[coledog]

Yes, they did this with me - you have to complain to the postal address. Ask them exactly why a DCA can access your credit file and send it to you. Request a copy of their Terms and cConditions that allow a DCA to do this and also complain to ICO.

 

Equifax, Plc.

Credit File Advice Centre

PO Box 1140

Bradford

BD1 5US

 

but they are bloody useless in MO

[hillards]

I wrote to the Bradford address, it wasn't a phone call or email enquiry. The postcode traces to the sorting office, with it being a PO Box, but I know where the Equifax office is in Bradford and may make a personal visit - although I've no no interest in their doorsteps whatsoever.

[coledog]

They are a total pain, complain to ICO about them. To be honest I hit a brick wall with Equifax also, but I think I am about to escalate it as my credit file actually has two entries one from th OC and the other from HFO.

[hillards]

I'm writing again, will change it to be their credit file advice centre instead of customer relations, see if it does any good.

[coledog]

Mark it COMPLAINT

[247orbital]

I had a similar thing with an OC and HFO both listing defaults for the same account, I contacted the OC and it was removed very quickly.

 

I'm about to challenge all three CRA regarding incorrect dates for defaults ( I have written proof from the OC). I will be enclosing a copy of the correct date and see what they have to say. They were all made aware of this over a year ago but I just received the standard response of, "its correct" according to the DCA. I'm hoping that by supplying them the proof it puts them in a corner. As I fully intend to send a LBA and take them to court for removal. The DCA's will tackled in a similar route now that the alleged debts are SB!

[Bazooka Boo]

Good, I hope you do take them to the cleaners and account for their actions, exposing them and their very questionable working practices..

[hillards]

add +094111020000 to the list of numbers HFO call from. Strange, 94 is the country code for Sri Lanka, not India ? Guess they are spoofing numbers.

 

Let me add a bit more to that. I got a call on my mobile, I was just coming out of anaesthetic at the hospital at the time - too dozed up to think straight and in automatic mode to answer the phone. Could hardly make out what the guy was saying but eventually worked out where he was calling from. Sad to say I dropped the phone and he didn't call back. I looked at the number and made the comment above, but wasn't thinking clearly enough to add more.

 

I'll know who it is in future.

Edited March 29, 2011 by hillards

[coledog]

The calls are usually routed via 0208 number or mobiles. This is an interesting development. Being in hospital under the effect of an anaesthetic can be added to the list of reasons for telling them to foxtrot! Hope you are feeling better