HFO and Barclaycard

[Kitty_el]

Hi,

I wondering if anyone could advise me, I recieved a letter today from HFO services stating that I had 3 days to pay £1627 (original debt £500) otherwise my account will be escalated to legal desk etc. They also attached a copy of an equifaxcredit report, however the debt was not even on there, just a list of previous tenants, very odd.

Do you think they are just trying to scare me or would they actually manage to get a CCJ?

Also I took out the Barclay Card back in 2003 and defaulted straightaway (I was a very poor student) and as far as I can remember there has been no contact on the account since then, so I am right to think SB may apply?

 

Any help would be appreciated.

 

Thank you Ellie

[jimbo45]

Hi

I'd do the standard response to this one.

 

One - WHAT is the debt they are trying to collect. Standard "Prove it " letter.

 

Two challenge their right to collect it -- do they OWN the debt or are they just the Lapdogs collecting on behalf of the OC. If they are just the Lapdogs just ignore and deal with the OC.

 

Three -- challenge and "abnormal" / or "excessive" charges too.

 

If you even THINK this is a debt from 2003 DO NOT ACKNOWLEGE it in anyway.

 

Send 1 GBP Postal order for CCA agreement to Sharkleycard.

 

Also after this verify date of last activity on this account via the SAR (10 GBP) also send to Sharkleycard.

 

If last date is 6 years or more (5 in Scotland) DEBT IS SB'D and you can tell HFO with great pleasure to Foxtrot Oscar.

 

Cheers

jimbo

Edited February 12, 2011 by jimbo45

[Kitty_el]

Thank you Jimbo, I know 100% this debt is from 2003, I remember taking it out in my second year at Uni.

So the CCA is the one asking for the original credit agreement? - I send this to HFO

and what is the SAR? - Do i send this to HFO or Barclaycard?

 

Thanks again

Ellie

[broken arrow]

You SAR Barclaycard template attached

Standard SAR.doc

[broken arrow]

You should also complain to the OFT with regard to what they sent, the person to write to is-

 

James Waldron, OFT, Fleet Bank House, 2-6 Salisbury Square, London, EC4 8JX.

[coledog]

Hi

Send a CCA request to HFO, details below. SAR to Barclaycard and a very strong complaint to the OFT (see below) You need to get all the details of this account before claiming that it is Statute Barred and HFO need kicking for their behaviour

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

 

SAR Request

Subject access request letter 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

OFT

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

You can complain online and send copies of all correspondence for attention of James Waldron

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

[coledog]

Can I ask if this the first letter you have received from HFO? Did they send you a Notice of Assignment?

[Kitty_el]

Thank you for your replies

and yes this is the first letter I have had of HFO - they said in the letter that they have tried to contact me several times (which is a lie)

I have no idea what a Notice of Assignment is so I am guessing that they have didnt send me one.

 

Ellie

 

Also I will most definitely be making a complaint to the OFT tomorrow morning!!!

[broken arrow]

I have no idea what a Notice of Assignment is so I am guessing that they have didnt send me one

 

136 Legal assignments of things in action.(1)Any absolute assignment by writing under the hand of the assignor (not purporting to be by way of charge only) of any debt or other legal thing in action, of which express notice in writing has been given to the debtor, trustee or other person from whom the assignor would have been entitled to claim such debt or thing in action, is effectual in law (subject to equities having priority over the right of the assignee) to pass and transfer from the date of such notice.

 

This is the Notice of Assignment.

[jimbo45]

136 Legal assignments of things in action.(1)Any absolute assignment by writing under the hand of the assignor (not purporting to be by way of charge only) of any debt or other legal thing in action, of which express notice in writing has been given to the debtor, trustee or other person from whom the assignor would have been entitled to claim such debt or thing in action, is effectual in law (subject to equities having priority over the right of the assignee) to pass and transfer from the date of such notice.

 

This is the Notice of Assignment.

 

 

Hi there

Whilst to most people the meaning of this document is probably as clear as mud I accept the fact that you are answering the previous Posters question but this issue actually obfuscates the whole question of whether the debt is STATUTE BARRED or NOT.

 

So just to re-iterate

 

It doesn't matter WHEN / IF / HOW these slimebags ASSIGNED the debt -- if it's 6 years without a payment on the account or acknowledgement of the debt BY YOU then its STATUTE BARRED --END OF.

 

100% defence in Court -- there is no actual law against them from TRYING to collect although you are under 100% no obligation to pay it -- and of course the usual complaints about Harrassment etc can (and should) be made if they keep pestering you. Once they KNOW that YOU know the debt is SB'd then even their tiny pea brains will realize its pointless continuing to attempt to collect.

 

They will then move on to a more unfortunate victim who has never heard of CAG.

 

(SB is 5 Years in Scotland just in case).

 

Cheers

jimbo

Edited February 13, 2011 by jimbo45
Added confirming SB is 100% defence in court

[Kitty_el]

Hi,

As of this morning I have made a complaint to Equifax, in regards the copy of a credit report sent to me. I have the paper work downloaded to send the complaint to ICO and I will be sending a complaint to the OFT shortly. Before I do I have a couple of questions if anyone can help?

1) What exactly am I complaining about, the fact that they sent me a credit report, the fact I believe debt to be SB and that they didn't send me a NOA, also I read somewhere that HFO is not a UK company?

2) I have been on the OFT website and am unable to find the link to make the complaint, I am sure it is just my eyes but I have spent the last 45 mins trawling the website, lol

 

Thank you again

 

Ellie

[Kitty_el]

It appears I have found the link for the OFT and have just noticed above that you gave me the address for James Waldron, so thanks for this.

[coledog]

Contact details for OFT

 

http://www.oft.gov.uk/contactus#named3

For all enquiries, guidance on the work of OFT and to report anti-competitive or other behaviour by a trader or traders, please email [email protected]. Please be aware that the OFT cannot provide advice or assistance to individual consumers or traders.

Your complaint is

You have been contacted by HFO regarding a debt that they have not previously informed you about and have not offered any proof that you owe to them by way of a Notice of Assignment. The only contact you have had with the alleged original creditor was over x years ago.

You are in the process of challenging this claim to monies and its origin

You wish to complain in the strongest possible terms about the content of the letter sent to you by HFO, which is threatening you with legal action. In addition HFO have accessed your personal data by obtaining a credit report from etc etc and then attached this to the letter with no explanation as to the purpose of this.

The letter and content was not sent by secure post and could have been accessed by anyone.

You are extremely distressed by the receipt of this correspondence

I am sure you can adapt to suit

 

 

 

[coledog]

Attach copies of the letter and content, mark for attention of James Waldron. email is probably easier and quicker if you can scan the docs.

[broken arrow]

Hi there

Whilst to most people the meaning of this document is probably as clear as mud I accept the fact that you are answering the previous Posters question but this issue actually obfuscates the whole question of whether the debt is STATUTE BARRED or NOT.

 

So just to re-iterate

 

It doesn't matter WHEN / IF / HOW these slimebags ASSIGNED the debt -- if it's 6 years without a payment on the account or acknowledgement of the debt BY YOU then its STATUTE BARRED --END OF.

 

100% defence in Court -- there is no actual law against them from TRYING to collect although you are under 100% no obligation to pay it -- and of course the usual complaints about Harrassment etc can (and should) be made if they keep pestering you. Once they KNOW that YOU know the debt is SB'd then even their tiny pea brains will realize its pointless continuing to attempt to collect.

 

They will then move on to a more unfortunate victim who has never heard of CAG.

 

(SB is 5 Years in Scotland just in case).

 

Cheers

jimbo

 

Correct I was answering the previous question, at this time there is no cogent evidence that the debt is statute barred.

[Kitty_el]

Thank you for all your replies and help

I have just finished sending my letter of complaint to the OFT and I have attached a copy of the letter that HFO sent to me.

I think I am going to wait a few days to see if HFO send me anything else before requesting the CCA.

I cant believe how many complaints etc have been raised about this company and nothing has been done to stop them!!

 

Ellie x

[coledog]

You MUST get the SAR off to Barclaycard if you can as this can take up to 40 days and will hopefully tell you if this is SB

[Kitty_el]

Hey Coledog

I am a bit dubious about sending the SAR to Barclaycard as from what I have read this can constitute acknowledging the debt, and the CCA gives pretty much the same info???

 

Thanks

[broken arrow]

Hey Coledog

I am a bit dubious about sending the SAR to Barclaycard as from what I have read this can constitute acknowledging the debt, and the CCA gives pretty much the same info???

 

Thanks

 

You have been misinformed, it is your legal right to a SAR, this is the only way to find out whether the debt is SB or not.

[coledog]

The SAR will not acknowledge the debt at all or the right of HFO to claim that you owe them money. It is a request under the data protection act for data held on you. You do not deny having an account once with BC but do deny that there is a legitimate debt owed. Add the phrase ' I acknowledge no debt to your company' to the letter if you are concerned, add to any letter you send.

 

The SAR should produce statements of account and manual record print outs telling you when there was activity so is invaluable. IT may be that BC have not kept any records as it was a long time ago if so, they have to inform you of this and there is no case.

[coledog]

Sending a letter saying that this is Stat Barred, MAY be taken as an acknowledgement, only if it is not SB, that is why you need to establish this before you send it

[dadofholly]

The advice from CD and others is good avice. Follow it and you will be ok.

[DonkeyB]

subbing

[jimbo45]

Hi there

IS IT SB'd or NOT. SAR will determine this.

 

Cheers

jimbo

[247orbital]

Make sure you confirm the date of default with Barclaycard as HFO have been known to make there own default dates up. This is very important when dealing with SB debts.!

You can only be defaulted on any account once and that is the original creditors date, not some random date which appears as if by magic by HFO.