HFO.......Why are they so horrid.

[FORMISTER]

Your name is still on the top and you may want to remove the amount as this would identify you as well, up to you.

[coledog]

Sorry can you re-edit your attachment as there is a name on it.

[FORMISTER]

Damn my laptop is slow today. Did you ever receive an origional NOA? If not request it from HFO, say you never received it. It will be interesting to see what the date it is

[dadofholly]

You have left the name of the person the letter is addressed to - and you can almost make out the account details etc.

 

If you can not edit it - ask a memebr of the site team to remove it from your post.

 

The letter is standard threatogram rubbish. They say the debt has been sold to HFO Capital - have they sent you ANY other letters or information?

[PriorityOne]

Hi broken arrow. No CCJ. It was passed to their solictiors Turnbull Rutherford back in Sept 2008. They threatend a charging order then. The debt has now gone from £4379 to £7626.

 

You need to investigate how/why there's been such a leap in the amount alleged to be outstanding on this. I very much doubt they'd take you to court because you've been making regular payments so going to court won't acheve anything.... Under the circumstances, I would send a fresh CCA request, so we can see what exactly they have got as of now.... and also the Statement of Account they're obliged to return with it.

 

Your name is still on the top and you may want to remove the amount as this would identify you as well, up to you.

 

Agreed.... delete the contents of the post if it's easier

[coledog]

Oh Im sorry but I really cant remember. I have the copy of the CCA sent from Morgan Stanley here. I had thought I had done all I can but I have had many other battles to fight and its now been 4 years as I stated the ball rollidng back in 2007.

I also do not have an original NOA just a reminder

 

That is fine - don't worry. Did you sent a CCA to HFO and what was their response?

[PriorityOne]

I've alerted the Site team to edit the post for you....

[coledog]

As Priority One has just said , you can send a new CCA request to HFO

[tracyd]

Thank you so much I am trying to resend another scanned copy. Thank you for all your help. I will have to work on it again tomorrow. I will try and send scan now.

[coledog]

Have a read through the thread so far and don't worry

[tracyd]

Hi

I hope this copy is better I have removed all personal details...I have paperwork from 2007 if you think this may be of any use against HFO.

 

Thank you

HFO.pdf

[FORMISTER]

Your in the hands of the HFO fan club now. We know how they operate and all of their tricks and between us we have seen them off on countless occassions.

[dadofholly]

It may well be - who is the paper work from?

 

and again if you can edit and post it up here it will help us get a clearer picture of what has been going on.

[coledog]

Yes - dig out all the paperwork you have and read through the advise so far. Don't panic about it

[dadofholly]

3 constant guests

[FORMISTER]

Subbing

Edited February 12, 2011 by FORMISTER

[broken arrow]

Formister I have PM,d you..........

[PriorityOne]

Ok.... it clearly makes references to interest and charges..... so please re-issue a CCA request and see what comes back.

 

Send off by rec. delivery...

[tracyd]

Looking back over the paperwork I sent a SAR and CCA in Feb 2007. I have attached what I received from them. Many letters passed between myself and a Karla Kenny. Customer Liason Team Manager. I seem to remember her name was mentioned on the forum quiet a lot. What I got back from them was no more than the application form so I sent off this letter

Thank you for your reply to my request under Section 78 of the CCA 1974.

 

Under the Consumer Credit Act, you will be aware that a credit agreement is unenforceable unless both the debtor and the creditor sign it.

 

The copy of the document you have sent me is the application form, which shows my signature alone. Therefore this is not acceptable as a Credit Agreement.

 

Currently, you are in default of my request dated 7th February 2007 under sections 77(1) and 78(1) of the Consumer Credit Act 1974.

 

Unless you can provide a credit agreement signed by the debtor and creditor then this account remains in dispute and unenforceable until the dispute is rectified.

 

Please be aware that as of the 21st March 2007, if you have not fulfilled my request you will have committed a criminal offence under the CCA 1974.

 

I look forward to receiving the above.

 

Yours Faithfully

 

She sent one back stating that The CC Regulations 1983 stated that an agreement suppiled should be a true copy Regulation 3(2) states that a copy may omit certain information such as the signature box and signatures and date.

 

It was then passed to Credit Solutions, then HFO and thats when the harrassment started. I dont know why I arranged a payment plan but I do not have hardly any paperwork from HFO certainly no NOA. It was then passed to Turnbull Rutherford. The orginal debt as of 18th April 2007 was £ 4332.41. When Turnbull wrote to me in Sept 2007 it was £6909.72 and as of today it stands at £7630.28. Thats £3297.87 in interest in guessing..

 

Im grateful for any advise. Should I CCA HFO and see what they have for starters.

Thank you. Im trying not to worry but thats prob why I am writing this post at 02.50am.

Edited February 13, 2011 by tracyd
personal details visible

[FORMISTER]

I can still read all the details under the marker!

 

They can't take you to court and win on the strength of just that. This fails to be an enforcable agreement, no credit limit, no APR, no T&C's. They should not be able to gain judgement against you.

[coledog]

That is an application form and I don't think it can be seen as anything else. It is not a credit agreement. There are no Terms and Conditions so how can HFO charge interest and hold you to T&Cs you never agreed to? Recent court cases are seriously challenging attempts by DCs to bring cases with this type of documentation and it certainly does not meet a CCA request.

 

I would suggest you send a CCA request to HFO urgently and get this account in dispute. That should keep them quiet.

 

Are you still paying them? I would be careful of the means you use to pay them if this involved them having your bank or card details and I would stop this until you get the full information. If you must pay, use Standing Order or direct payment by internet only.

 

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

[FORMISTER]

And as for sucessfully gaining a charging order on your house as they state, no chance

[FORMISTER]

Or you could send a letter along the lines of

 

Address

 

Date

 

Dear sir/madam

 

On the Date of /2/07 a request under the Consumer Credit Act section 78 was sent to Morgan Stanley .

In response they sent and confirmed a true copy of the original agreement executed by themselveselves on the XXXXX.

 

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 prescribed terms, APR or credit limit 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 personal data relating to me on this matter.

 

Yours faithfully

[coledog]

Problem is that Tracyd did not send the Account in Dispute letter to MS at the time, so it may be better to start the process again.

 

It would only confuse the poor loves if they get something they don't understand:-)

[tracyd]

Hi Formister.

Thank you for your reply. I didnt realise you could still see details. The scanned copy I put up did not show all the details on the application form. When I scanned it has cut off what Im thinking could be terms and conditions. It has info on

Financial Related Condidtions, Credit Limit, Credit Charges, Payments and Interest Charging and a box stating The CCA 1974 covers this agreement and lays down certain requirements etc, etc.

IM sorry but I hadnt realised it had cut them off. Should I scan them up for you to see.

Plus I will get the letter off first thing tomorrow. I pay the £20 per month by standing order.

Thank you for your help. I just feel a little silly for not realising I had left details visible and possible T&C off.

Regards

Tracyd

 

Just seen reply from Coledog....so the CCA route to HFO would be the best thing to start with??

Edited February 13, 2011 by tracyd
info added