HFO threatening a charge against my property

[katnik]

Hi Im almost afraid to say I have done the unthinkable and have actually made a payment to HFO after being harrassed by them on the phone at my workplace which was terribly embarrassing and they also threatened to put a charge against my property which is jointly owned by my ex husband. This would have caused so much trouble for me so I foolishly made a payment to them of £250 which I could not afford really and left me with no money for food for the rest of the month. This was the least amount they would accept. Unfortunately I was totally clueless and frightened at the time as I didnt have access to your wonderful site then. When I realised how stupid I had been I wrote to them saying I had been harrassed into making the payment and would not be paying anymore. They left me alone until 2 weeks ago when they started ringing me at work again and have written threatening a charging order again. can you tell me where I stand now please. Sorry for such longwindedness! They took over the debt from Barclaycard in 2007 they say. It was £2000 but is now £3470

[Happyhippy1959]

Right Katnik calm down, deep breath and relax. I know easier said than done. A lot of the guy's with more experience will be along to help you out. First though, this is the last time you speak to them on the phone. There is a template letter on here to tell them you will only communicate in writing and certainly not at your work. I had the same problem with my creditors till I told them I and my employer the NHS would sue them for harrasment. Firstly, they need a court order to put a charging order on your house, I own my own property and have encountered this scare tactic before. First thing I would do is to send them a CCA letter to see if the debt is enforceable a £1.00 postal order with it. They have 12+2 working days to reply. Secondly right send a SAR request to Barclaycard the cost of this is £10.00, it looks like they are applying some very dodgy charges. That should keep them at bay for a while. As I said, your first thing is to ensure you never speak to these people and certainly do not pay them by debit card or direct debit

 

The big boy's and girls on here will be along to look after you... Don't worry, I know it is an expensive lesson learnt, I did the same thing on my first debt collector call. Paid them by debit card. Thank God I was closing that bank account. All is not lost. Pay only what you can afford to pay. A county court judge if by the slim chance they take you to court will only make you pay what you can afford. On a further note, a charging order is not that frighting, there is lots of information on this site. In the faint circumstance that they do apply you can object on many grounds. 1. its a joint property. 2. it is giving this creditor preferential treatment etc etc... Even if they are granted a charging order you can sit back for the rest of your day's it is only when you sell but I know of people who have sold and had there money paid to them before the company even had a sniff.

 

So all is not lost. Do HFO own the debt??? or are they acting for barclays. They are talking out of there rear's at the moment and trying to frighten you. Take it from me, I have been on token payments for nearly two years, I work, own my own house etc. But my income is low and I have to support my kids due to breakup. At first they threaten every thing from a castration to extermination. All hot air my love Be strong now.

[Happyhippy1959]

Just a quick thought, have you your own extension at work.??? I was lucky as I work on a busy emergency ward so had my boss tell them never to phone. Your boss could do that for you if you wish it. Don't know your circumstances. But start taking a log of all the phone calls. If they ring at work tell them politely never ring at work and you are going to report them for harassment. Send that only correspond in writing letter ASAP. Get proof of postage. Honestly, they will stop. Also tell them you are recording the call for evidence. Don't even get into a conversation. Stay firm tell them straight. IN WRITING, I HAVE INFORMED YOU OF THIS, I HAVE RECORDED ALL CALLS GOODBYE.

[katnik]

Thanks for kind words, feels like Ive had a much needed hug. They say the account was sold to them in November 2007. They have given me 3 days to contact them or their solicitors will commence legal action. I will do as you suggest with cca and sar thanks. My boss told them never to phone me at work again but they have started again.

[Happyhippy1959]

Big hug given. Now down to the nitty gritty. First send them a CCA request, you will find it in the template library. In with this goes a ONLY COMMUNICATE IN WRITING LETTER, same again its in the library. Then send barclayshark a SAR with your £10.00 fee, again letters in library. Now sit back cup of tea and biscuit and wait. Don't forget now to post any response on here, the guy's will check them with a fine tooth comb and anything untoward will be quickly addressed.

 

On another point, did you receive an assignment notice from HFO, ????? they maybe kidding you on and only be collecting on behalf of Barclayshark. Let's see what the SAR comes up with.... Remember, certificate of posting so you have proof you have sent the letter. Once they receive your CCA they have 12+2 working days to send you the paperwork. During that time they cannot pursue you for the debt. So this will buy you some time. When it comes back, post it up for the boys and girls to look at. Blank out any identifying text that can identify you. Out of interest, when did you take out the card????? if it is pre - 2004 could be a good chance its iffy.... on the CCA front. Again, don't worry about the Charging order....... that's down the line and to be honest If I had a £5.00 note for each time I have received one of those bad-boys I would have paid half of my £40,000 debts. Also this government is trying to put a stop to that bad-boy tactic by only allowing it on debt of over £20,000. And as i said they can be a blessing in disguise. But I would bet my next months token payments it's just hot air and phiss!!!!!! Stay calm.

 

REMEMBER THE GOLDEN RULE.... NEVER EVER TALK TO THESE BAD-BOY'S.... NEVER EVER PAY MORE THAN YOU CAN AFFORD. IF IT MEANS £1.00 A MONTH THEN SO BE IT. Not to put a dampener on it, I would really like to know if they bought the debt....!!! This will become clear when we have all the information.

[Undercover-Elsa]

Hi Kat,

Welcome to CAG

Good advice above, their biggest weapen against anyone is fear and lack of knowledge of their rights. Take that away and they lose control.

 

To save me getting RSI, all the basic info you need is in my blog linked below, including links to template letters.

 

Have a read and then if there's anything you're not sure of just shout. You'll get brilliant support, advice and friendship on here, so keep your chin up and pretty soon everything will seem much better as you start taking control

 

Kind regards,

 

Elsa xx

[broken arrow]

Hi and welcome I have attached the SAR template.

Standard SAR.doc

[coledog]

Hi and welcome

 

Sounds like you are getting the normal threats and harassment from these people. A Charging order would only be granted if they obtain a CCJ against you and did not agree an AFFORDABLE (to you) payment plan with the court and you are a very long way from that happening. The letters and calls are designed to get your to make payments and they are not interested in this being an affordable amount. If they ring you say in writing only and hang up.

 

Some serious complaints are required regarding the calls and letters and I will give you some links below. Also the letters you need to send.

 

Have they sent you a letter headed 'Notice of Assignment' and also have any letters had personal information attached to them?

 

Definately send a CCA request to HFO - also a SAR request to Barclaycard which will hopefully proide all the evidence you need to defend yourself against this. Letters you need are below. Also the telephone Harassment letter

 

Complain to OFT and also Trading Standards via Consumer Direct (tell them you are making a complaint of harassment, not seeking their advice)

 

Complaints

 

Trading Standards 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

 

The OFT contact is James Waldron, and the address is OFT, Fleet Bank House, 2-6 Salisbury Square, London, EC4 8JX. If you send an email complaint make it for the attention of this guy. Send copiesof all letters and record of phone calls

 

Harassment Letter

 

To stop those annoying phone calls

 

http://www.consumeractiongroup.co.uk...esponse-letter

 

SAR Request

 

Subject access request letter attached to send with £10 postal order - send recorded delivery and sign over the dotted area at the bottom. They have 40 days to reply. Adapt the last paragraph to give any previous addresses that the OC may have and attach a copy of a utility bill or they will write back and ask for one.

 

 

CCA Request

 

CCA letter to send with a £1 postal order by recorded delivery, do not sign. They have 12 plus 2 working days to reply. If nothing valid is received you can send a letter to put the account in dispute and this should stop them contacting you.

 

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

 

Account in Dispute letter

 

http://www.consumeractiongroup.co.uk/forum/content.php?436-Failure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale

Standard SAR.doc

Edited February 2, 2011 by coledog

[dadofholly]

Katnik

 

Welcome to CAG albeit under the unfortunate circumstances that originaly brought us all here.

 

In the links that Coledog has gave you in a telephone harrasment letter - send that to HFO by first class post (recorded), and DO NOT SIGN IT. This should stop the annoying phone calls. If they ring you tell just write to me only and put the phone down.

 

Have they sent you anything through the post yet?

[DonkeyB]

When did you first hear from HFO about this debt?

[katnik]

Hi, I recieved a reply to the SAR I sent to Barclaycard today but it only contained copies of statements and none of the other information listed in the SAR.

 

I also received today a Schedule Of Litigation from HFO " because you have failed to contact us" even though I sent them a CCA letter on 11th feb.

 

My last payment to Barclaycard was made in July 2006. They were charging me £20 for late payment, £20 for exceeding my limit plus over £30 interest every month.

 

Any advice on what to do next please?

[FORMISTER]

Hi, I recieved a reply to the SAR I sent to Barclaycard today but it only contained copies of statements and none of the other information listed in the SAR.

 

I also received today a Schedule Of Litigation from HFO " because you have failed to contact us" even though I sent them a CCA letter on 11th feb.

 

My last payment to Barclaycard was made in July 2006. They were charging me £20 for late payment, £20 for exceeding my limit plus over £30 interest every month.

 

Any advice on what to do next please?

 

Regarding the SAR, expect Barclays to fully comply within the 40 days, it is not unusual to reveive your results in more than one deliver.

 

HFO's schedule of litigation is just a threatogram which rolls off their system, don't worry too much about it. Common tactic from these muck spreaders.

 

Send your account in dispute letter when the 12+2 days are up on the CCA request. They cannot get judgement against you when the account is in dispute

[katnik]

Hi, after I sent the Account in Dispute letter to HFO I received a copy of my original application for a Barclaycard dated 10/1997 which is very smudgey and barely legiable plus copy of T/C. I have today received a letter from Turnbull Rutherford Solicitors ( same post mark as HFO SW19) threatening legal action if I dont pay up within 14 days.

[coledog]

Looks like they are preparing to take court action I am afraid. seems to be a rash of it at the moment, they are getting desperate and issuing court claims like confetti on the hope that most people will not be defending them

[DonkeyB]

I think their actions are more related to the impending SB status of all the accounts, and the likelihood that they won’t get their CC licence renewed.

 

Can you scan and post what they have sent?

[meerkatmanor]

Are you of the opinion that the CCL is now in jeopardy ?

[meerkatmanor]

Im just waiting for that glorious day when the OFT pull the rug finally.

[meerkatmanor]

Nearly 7 years since incorporation of this scandalous business practice has gone on far too long.

[meerkatmanor]

subbing

[broken arrow]

I think you already have subscribed by posting.

[DonkeyB]

What’s your interest in HFO, meerkat?

 

I think the fact that the OFT have not renewed – yet – a licence that expired on 25 September 2009 tells you a lot.

[meerkatmanor]

But the OFT entry has been showing that for some time now.

[meerkatmanor]

Ive had my own shed load of problems with them in WCC

[meerkatmanor]

If I say to you TC Mackenzie in December, then you know what Im talking about

[meerkatmanor]

.....and that should give me cred on here