HFO barclay card help needed

[Hot_pipe]

I am having issues with hfo any advise please! They contact me 12 last month telling me that I owed them money from a barclay card debt. Yes I had a bcard and defaulted 2003 never made any payment since and bcard never chase me. A lady from hfo rang my work address herself as a lawyer acting for me. She ask for my line manager name and number. I told her not contact me at work but she still continue. Two weeks a ago she rang my line manager asking for a statement of earning from our hr. But my line manager refuse to any details. Because I am in RAF and the military takes this thi ga serious my line manager then told my commander office who had me in his office demanding to know what was going on. This lady from hfo also email me a copy of my land registry document and ecopy of my credit file. I have cca them and a complaint letter to them and sar barclay card, also sent a complaint letter to oft and my mp for harassment and reputational damage. Please any advice?

[alfwithhair]

If you have made no payment since 2003 and have never made any acknowledgement of the debt since 2003, it is statue barred,

Send HFO this

http://www.consumeractiongroup.co.uk/forum/content.php?428-General-debt-letter-if-you-know-nothing-of-the-debt

you seem to have covered the harrassment aspect.

[coledog]

Hi

 

ONLY send the Statute Barred letter when you get the SAR information back from Barclaycard and can be certain when last payment or written acknowledgement was made. Sending the letter when the debt is not SB could be taken as an acknowledgement.

 

If you have sent a CCA request to HFO and don't receive a valid credit agreement within 12 plus 2 working days, send the Account in Dispute letter which should stop HFO contacting you.

 

Report the harassment at work to Trading Standards via Consumer Direct and OFT

 

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

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

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

[DonkeyB]

Hot pipe, have you posted on here before under a different user name?

[dadofholly]

Hot Pipe

 

Have been sent a Notice of Assignment?

 

And if so who do they say the account was sold to and when?

[coledog]

Hot_Pipe have sent you PM so you know where your thread has been moved to.

 

Are you able to scan and post up some of the documents you have received with personal details removed?

[Hot_pipe]

Thanks for your help mate. Since I sent cca to hfo and sar to barclays I still have not recieved any thing from them yet. Still waiting as soon as I recieved anything I will let u know. I have one account here and that's all I ever use here.

[broken arrow]

Thanks for your help mate. Since I sent cca to hfo and sar to barclays I still have not recieved any thing from them yet. Still waiting as soon as I recieved anything I will let u know. I have one account here and that's all I ever use here.

 

How long ago did you request SAR and CCA?

 

regards

 

ब्रोकेन अर्रो

Edited February 4, 2011 by broken arrow

[coledog]

When exactly did you send these requests? HFO have 12 plus 2 working days to respond to the CCA requests and the SAR is up to 40 calendar days.

 

Are you able to scan in any of the documents received? This would be a great help. Please remove personal details

 

Have you receied a NOA as DOH asked

[Hot_pipe]

Posted cca to hfo 24, sar to barclay 29

[broken arrow]

Posted cca to hfo 24, sar to barclay 29

 

 

did you send both recorded ?

[Hot_pipe]

All recorded and first class

[coledog]

If sent recorded use the link below to check delivery - allow 12 plus 1 working days for the CCA letter. Send Account in dispute letter if nothing received. The SAR is 40 calendar days but they are normally quicker

 

 

Track and Trace

http://track.royalmail.com/portal/rm/trackresults?catId=22700601&pageId=trt_rmresultspage&keyname=ePOD4_track&_requestid=126033

[broken arrow]

All recorded and first class

Just a waiting game then.......

[coledog]

New Avatar BA? Nice

[dadofholly]

Have you got much in the way of paperwork from HFO?

[broken arrow]

New Avatar BA? Nice

Those heels were playing havoc with my back.

[dadofholly]

Should be have CCA request back by now - any reply to it?

[Hot_pipe]

Hi wonderful people any advice

i sent a cca request to hfo 24 jan still no reply from them, what should I do? I also sent barclays a sar same day as hfo barclay wrote back and saidy they are looking at my request and will get back to me. Any adivice will be graciously welcome.

 

Thanks

[teaboy2]

Sned HFO the letter below as they are now in default of your CCA request and as such can not legally enforce the debt until they can produce a copy of the CCA.

 

ACCOUNT IN DISPUTE

 

Date:

 

Ref:

 

Dear Sir/Madam

 

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

 

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/78. This was signed for as delivered on the **DATE**

You have failed to comply with my request, and as such the account entered default on **DATE** (12+2 working days after you made the initial request).

 

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore, you are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before you/your client enters into a default situation.

 

This limit has expired.

 

As you are no doubt aware section 78(6) states:

 

If the creditor fails to comply with Subsection (1)

 

(a) He is not entitled , while the default continues, to enforce the agreement.

 

Therefore this account has become currently unenforceable at law.

 

As you have failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested. You will also be aware of the CPUTR 2008 and the OFT's guidelines on debt collection which state under the title Deceptive and/or unfair methods - Examples of unfair practices are as follows - 2.8

 

(i) - 'Failing to investigate and/or provide details as appropriate, when a debt is queried or disputed, possibly resulting in debtors being wrongly pursued'

 

(k) - 'Not ceasing collection activity whilst investigating a reasonable queried or disputed debt'

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 21 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

 

I look forward to hearing from you. This should be in writing, I have no wish to correspond by telephone.

 

Yours faithfully

[Hot_pipe]

Teaboy2

I have drafted the letter will send it recorded tommorrow morning. Thanks for your help much appreciated.

Cheers

[teaboy2]

Your welcome.

 

Just remember to print your name on the bottom of the letter instead of signing it.

[Hot_pipe]

Wimbledon monkeys has got nerves to ring me today after they still failed to respond to my cca letter after cca and a complaint harassment letter. I told the lady I do not wish to discuss anything with them on a phone. I remind her that I have communicated to them that I do not wish to be contacted by phone. If she has anything to say she can communicate to me in written format. She went quite and never say a thing.

Guys have I done the right thing?

Yours help are graciously welcome.

[coledog]

Have you send the 'Account in Dispute' letter you were given in the post above? You must do this, send recorded. If they ring say, the account is in dispute and complain to OFT and Trading Standards as they should not be contacting you

 

 

Trading Standards via http://www.consumerdirect.gov.uk/contact

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

 

[Hot_pipe]

Yea I sent the account in dispute letter 14 feb track and trace it and it has been recieved.