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

[tracyd]

The person sounded very indian. The number was 0442030249641.

[tracyd]

I have started to log the calls as well.

[coledog]

"Who has put you up to this"!!!!!!!!!!

 

 

Sense a bit of panic here

[broken arrow]

Who has put you up to this"!!!!!!!!!!

 

Miss, it was Coledog and DonkeyB, they made me do it..............

Edited February 17, 2011 by broken arrow

[DonkeyB]

A conspiracy against HFO and Turnbull Rutherford! You’ll never take me alive, copper!

[coledog]

Immediate complaint to OFT needed. You are fully entitled to make a CCA request and not sign it. After all, you are making payments to these people. Pity you cannot record these calls.

[dadofholly]

CD makes a good point. You already have an agreement to pay these people. What more evidence do they need of who you are.

 

Does sound like they are in panic mode - bet they have no agreement.

 

Have they been sending you annual statements?

[tracyd]

Never had anything from them for over 2 years. It does make me gloat a little when they try to get u to answer them. ;-)

[tracyd]

Hi

Today received a 72 Hour Notice of Litigation. It says it has become clear that I am not willing to pay my debt!!!!!. I have been paying them for over 2 years.

Please can I ask if I should be worried by this?

I am still awaiting to see what they will come back with after my CCA request.

 

Regards

Tracyd

[FORMISTER]

I have had about 6 of these over the past 2/3 years, take them with a pinch of salt. They are just trying to panic you into paying more

[tracyd]

Right today received a letter from HFO with a copy of requested CCA. It is the very same document that I got back from Morgan Stanley and uploaded (post 64). Even letters from them are almost rude " As we have provided the documentation you requested, now contact your account manager"

 

Soooo do I fire off a letter saying that this is no more than an application form or because they have the copy is it classed as an agreement.

 

They both state this is a Credit Agreement regulated by the CCA 1974. Sign it only if you want to be legally bound by its terms.

 

Thank you for your help.

[PriorityOne]

You'd need to post it up for us to tell you for sure Tracy.... as the same wording is on applications forms as well.

 

[broken arrow]

If it is the same as the other then it is arguably unenforceable by the act, but you would have to get that across to the Judge, the prescribed terms are sort of there, but it does not actually give your credit limit, because its an application and has not been approved, what a lot of judges are saying is you have had the money so pay up, morally right but not legally right.

 

The allleged agreement is only one issue, the main is do HFO have the right to the debt, again arguably a big NO, but you can cross that bridge if they do start action.

 

Always about and willing to help, unless I get moderated

 

Regards

B A

[FORMISTER]

I can't remember Tracy if you have sent a SAR request already?

 

Agreeing with BA here, there is more than one way to skin a rabbit, knowing HFO as we do, paperwork and ownership is always questionable. The alledged agreement (going by BA's comments about it), is like he said, it can be a bit of a judge lottery (which it shouldn't be).

[broken arrow]

I can't remember Tracy if you have sent a SAR request already?

 

Agreeing with BA here, there is more than one way to skin a rabbit, knowing HFO as we do, paperwork and ownership is always questionable. The alledged agreement (going by BA's comments about it), is like he said, it can be a bit of a judge lottery (which it shouldn't be).

 

Most judges are not aware of the act, it is up to you to get the points across and to why he/she cannot enforce the agreement.

 

HFO v Patel is worth a read, which was a Morgan Stanley card, I have a copy.

[coledog]

In the meantime can Tracy send a letter saying that this this does not fulfill the CCA request?

[FORMISTER]

I can't see that it would harm any http://www.consumeractiongroup.co.uk/forum/content.php?415-POSSIBLE-Letter-when-a-questionable-agreement-application-is-sent.

[PriorityOne]

In the meantime can Tracy send a letter saying that this this does not fulfill the CCA request?

 

She could send it... yes...but also include a request for confirmation under CPUTR (an extra para will do) as to whether they currently hold an enforceable Agreement or whether what they've enclosed represents all the documentation they hold pertaining to an alleged Agreement.

 

[FORMISTER]

Thats a good point P1, too many of us often forget to make good use of CPUTR

[tracyd]

Thanks. Will send letter off. Should I SAR them just to see what they have. Been reading the link on CPUTR but its difficult to take in first time. I just think I know what im doing then Im not so sure

right back to the night shift

thank u again. X

[coledog]

SAR to HFO is not really worth the bother, SAR to the OC is what matters, as HFO would have to go to them anyway

[tracyd]

Thanks for that....So just to clarify . Do I send a SAR to Morgan Stanley....and I will send a letter of as per link but I am unsure what to put about the CPUTR, is there a template please. Its something I have little knowledge of and dont want to mess up by wording it wrong....going back onto other posts to see what I can find about it.

 

Regards

Tracy:-)

[coledog]

I will ask Priority One about the CPUTR as I am not sure. Definately get the SAR of to MS

[broken arrow]

I will ask Priority One about the CPUTR as I am not sure. Definately get the SAR of to MS

 

Which is now Barclaycard.

[coledog]

Yes, sorry Barclaycard administer MS now, I think that the SAR template includes BC name and address