hfo services

[tfoxlow]

i have received the 72 hour litigation letter that has been mentioned on numerous posts on here, and i have sent the £1 po for the cca and the £10 for the sar from citicard. what happens next.?

i also subscribed to experian and got my credit report and notice that hfo have put 2 notices about the debt which show 2 amounts 1 for £1423 and 1 for £2543 making £4030 but hfo letter to me only shows £4300 from one source ie citicard. so why 2 notices on my credit report. on the notices they have put on my credit report they do not show who the original debt was with, only on there letter to me.

on my cca request to hfo i typed account in dispute accross the top.

can you please tell me what happens next and tell me what hfo can and cant do now please.

thanks

john

[rebel11]

Hi tf

 

Welcome to CAG

The guys will advise as soon as they are available. Thread moved.

[DonkeyB]

What do you know about the original debt or debts?

 

Please give us the full history, from the start – including the original creditor(s), what happened with the accounts, when you defaulted, when you first heard from HFO – everything you can, please. Then we can start to help you.

[broken arrow]

Hello and welcome to CAG and the HFO fan club, subscribing to your thread, to give you my support and experience.

 

Best Regards

 

B A

[tfoxlow]

ok here goes i first received a letter from hfo saying that i owed £4005.62 to citicard this was dated 1st feb 2011, this was the first i knew of it then they have bombarded me with letters saying i have made payments in the past and they see no reason why i shou i have yesterday sent to hfo a £1.00ldnt pay now and ive not got any grounds not to pay.

then on 10th feb i received from hfo a e-consumerview of my credit file from experian with 2 items listed as credit card default date 28/02/2006 for £1389 and credit card £2543 defaulted 28/04/2006, no mention of the company the debt was for. the e consumer was last updated it says on 19/12/2010.

then last friday i received a 72 hour notice of litigation from hfo showing citicard amount owing £4030.22

first i obtained my credit file from experian from the web and find that hfo have put 2 entries on my file as follows. £2543 defaulted on 28/04/2006 and £1423 default balance on 28/02/2006. again no mention of who creditor was or is. i have yesterday sent to hfo a £1.00 p.o requesting cca also found citicard address and sent them a £10.00 p.o. requesting sar. both sent recorded delivery and hfo letter had account in dispute typed accross the top of page.

now just this minute i have yet another letter from hfo schdule of litigation.

they are doing my head in by bombarding me with there threat letters and accompaning letters from the courts detailing action courts can and will take.

question....

now i have requested a cca and a sar can hfo or there inhouse solicitors ie, rutherford etc take or start legal action.? before the dispute has been settled as best it can be.

i do not remember me having a citicard but my partner says she thinks i did. so i dont no what to do now. please help.

[broken arrow]

You will have to now wait and see what comes back from your requests.

Edited March 8, 2011 by broken arrow

[coledog]

Hi

 

When did send the CCA and SAR requests? Was this recorded? HFO have 12 plus 2 working days to send a copy of an executable agreement. If nothing received, you need to send the 'Account in Dispute' letter (link below) Once the account is in dispute they cannot take court action and should not bother you.

 

Account in Dispute letter to send after 12 plus 2 working days

 

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

 

The SAR can take up to 40 days, but Citi have very little in the way of retained documents they are prepared to make public, this iapplies you and HFO. Did you ask for info on who exactly and when this account was sold?

 

When could this account have been opened and have you any idea of last payment? Citi should be able to send statements

 

Are HFO trying to phone you? If so never speak to them on the phone unless you can record the call.

 

The HFO letters are very threatening and inacurate, and sending a credit report is bang out of order. You need to make complaints to the following, particularly OFT

 

Complaints

 

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

 

OFT http://www.oft.gov.uk/ mark complaint for the 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

 

 

 

Receipt of e-consumerview report complaints

 

Link to a CAG thread on experian and complaining, there is a sample letter in there

 

http://www.consumeractiongroup.co.uk...ment&highlight=

[coledog]

In addition, was the first letter you received from HFO headed Notice of Assignment or something similar?

[tfoxlow]

i sent the cca and sar of monday sent them both recorded delivery.

in the cca to hfo i requested the following

original agreement

copy of any default notice issued

copy of any termination issue

date of termination

details of whom the accounts were sold to

full statement of accounts for entire period

date of default

copy of any notice of assignment

exact date of assignment.

 

the first letter i received from hfo was not a assignment letter just letter saying i owed the money and they say i have no defence as to why i should not pay and what they were going to do, ie take me to court and send baillifs , attachment of earnings, seize money in bank accounts etc.. the usual threatening letter sort of thing.

 

the date of defaults is in my earlier statements.

so what happens next and can they start proceedings now as i have typed account in dispute accross the top of cca request letter to hfo.

[coledog]

The CCA request should really just be asking for the credit agreement and supporting doc under s78 - see below

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

 

The SAR to Citi should be asking for the other stuff

 

You will need to wait the 12 plus day working days for the CCA and see what is returned from the SAR

 

In the meantime get some complaints off to OFT, with copies of the stuff you have received and Experian.

 

I doubt that this will get anywhere near a court room. Your best defence against HFO is to get as much real information as you can and ignore their threats

 

Have a look at the Citi Forum on CAG for info on what these fleecers are like

 

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?109-CitiCards-Citi-Financial-Associates

Edited March 8, 2011 by coledog

[tfoxlow]

thanks cole dog

i have requested all items mentioned from both parties. and i have e-mailed expirian with a complaint on monday awaiting there reply .

i will e-mail the oft tomorrow ie wednesday.

[tfoxlow]

i have today received a letter back from citi card which states..

as the address you provided differs from the one we have on record please can you provide a copy of one of the following..

full driving licence

utility bill

bank or credit card statement

benifits or pension book.

 

i am going to send a copy of driving licence and send it recorded delivery.

do you think they will send all the documents i requested.?.

also i have not had anything back from hfo services yet.

[coledog]

It is OK tfoxlow, Citi do this and I think I put it in the SAR instructions. I sent them a photo copy of a gas bill - avoid anything with your signature on it. They do have a right to ask for this unfortunately and they should send your SAR paperwork as soon as they receive it. Not that they usually have much to supply anyway!

[DonkeyB]

Do not send any such private info for anyone - its not for you to prove anything - thats for them to prove.

Report them to the authorities if they refuse to go away.

 

The OP isn’t asking them to prove anything t_ony! It’s a subject access request. It’s quicker and easier to follow Coledog’s advice and just get the info. tfoxlow is not put in any worse position by supplying some ID, as long as there is no signature; to refuse to comply would just appear bolshie, which would be strange when the SAR was requested in the first place!

[DonkeyB]

Any news here?

[tfoxlow]

right latest position is this i have not heard back from either hfo services or citicard.

but and its a big but i have received another letter from hfo services today on there headed paper saying

REMINDER.... NOTICE OF ASSIGNMENT...

this time it does not aqaint to there previous request which is subject to my cca and sar requests. as mentioned above ie citicard...This one says i have already been informed that my account has been bought by hfo capital ltd from monument and £2276.91 is due for payment within 14 days. ..

i no nothing about this whats so ever does this meen leave it till i receive threatening letters then send off to them for the cca and a sar to monument to start things rolling again. i have checked my expirian file and as yet hfo have not yet put it on.

by the way experian have passed hfo services consumerview file they sent to me which i promptly e-mailed experian with they have passed it on to a special dept as i contended after looking at the agreement between hfo and experian that hfo services do not divulge this information to a third party. so they breached the terms of there agreement with experian. let em get out of that.

[coledog]

Right - so they are now chasing two accounts??

 

On the Citi one - it must be more than 12 plus 2 working days since you sent the CCA request therefore you can send the account in dispute letter to HFO- also recorded

 

Account in Dispute letter to send after 12 plus 2 working days

 

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

 

Did you verify your id for the SAR?

 

On the Monument front - these accounts are now administered by Barclaycard so you will need to contact them. Do you know when it was taken out and when the last payment was made?

 

I suggest that you ring Barclaycard and ask them when the last payment was made, who exactly this was sold to and when. Ask for anything they say to be confirmed in writing. You are probably also going to need a SAR request but see what they come up with first.

 

 

Barclaycard recoveries 0844 556 0066

 

I would also suggest a CCA request to HFO for this account also.

 

Well done on the Experian complaint also make sure that you send a complaint to OFT

[Tingy]

Along with the list given above re harassment etc... can I suggest we add CPUTR 2008. Look at Part Two Section 7 subsection 2 a-e. If any of these apply, you can then look to Section 11 which makes anything under S7ss2 a criminal offence.

[tfoxlow]

reference the replies to my post yesterday.

 

2 accounts.... looks like it but nothing on my experian credit file on this as yet.

 

yes i verified my id for the sar to citicard photocopy od driving licence minus my signature.

 

you gave barclaycard recoveries phone number, but shouldnt they send me a notice of assignment on there letterheaded paper, not a letter from hfo on hfo headed paper, whice says notice of assignment in big bold type accross the top, and signed by hfo.

 

lastly what is CPUTR 2008 part two sec7 ss 2.

i hope this might help you to help me,

thanks

john

[coledog]

Await the SAR from Citi, it probably will not contain much and send the account in dispute letter to HFO.

 

Unfortunately, the debt buyer can issue a Notice of assignment, it does not have to be the OC. However, HFO can only charge their ridiculous interest from the day they issue the notice, not before this and only if the original agreement allows them to do this. They will probably insist that they have given you notice before.

 

I am not well up on CPTUR - perhaps you can ask Tingy for some more info and a link

[sillygirl1]

HFO cannot send a reminder notice of assignment and expect you to believe that 'as you made past payments' you are still liable for this alleged debt. Good on you for sending their stuff to Experian, hopefully they will put a stop to HFO abusing their systems.

[coledog]

That was your 5,000th post SG1:clap2:

[sillygirl1]

Blimey.... wasnt that long ago I did my 4,000th post on an HFO thread, think my 3,000th was also on HFO....

[DonkeyB]

i sent the cca and sar of monday sent them both recorded delivery.

in the cca to hfo i requested the following

original agreement

copy of any default notice issued

copy of any termination issue

date of termination

details of whom the accounts were sold to

full statement of accounts for entire period

date of default

copy of any notice of assignment

exact date of assignment.

 

the first letter i received from hfo was not a assignment letter just letter saying i owed the money and they say i have no defence as to why i should not pay and what they were going to do, ie take me to court and send baillifs , attachment of earnings, seize money in bank accounts etc.. the usual threatening letter sort of thing.

 

the date of defaults is in my earlier statements.

so what happens next and can they start proceedings now as i have typed account in dispute accross the top of cca request letter to hfo.

 

Hello mate

 

Did they actually state ‘you have no defence’? Not even a ‘probably’? If so they are seriously out of order. Can you tell us the exact wording?

[Tingy]

CPUTR 2008 stands for Consumer Protection from Unfair Trading Regulations. Although as you can see it is not a particularly recent piece of legislation, it is only recently (really since the need to find routes other than CCA as that's getting harder and harder to make successful claims under) that consumers have begun to realise the power of this.

 

You need to get used to the language of it - as you will see when I give you the reference it does not immediately seem applicable to debts or CCA, but it is very relevant. It also has the added benefit that certain things, like agressive practices which includes aggessive wording in letters, things that make you take an action you may otherwise not have taken you need to read as for example write to them or pay them some money, become offences, and when it says offences it is not talking civil, it's talking criminal offences -ie - things for which they could lose their license to trade. I've actually just sent an option to a DCA to pay an out of court compensation settlement of £135 or argue their case in court using CPUTR as my argument. A lot of people have drawn this bit of legislation to the DCA and as far as I know it has never yet been tested in court as they tend to run away.

 

Here's the link: http://www.legislation.gov.uk/ukdsi/2008/9780110811574/contents

 

This says what I was trying to say in clearer language.

 

The CPRs use 'product' to refer to goods and services in a wide

sense, including immovable property, rights and obligations. The

prohibitions apply to commercial practices relating to products in

this wider sense. It is important to note this

 

 

Finally there's a massive thread on here called "Fighting back with CPUTR" which you could search for. It does not make an easy read as due to the wording and the need to get your head round how it can be used, the thread is packed full of questions and suggestions some of which are good and some are not!

 

If you want to see one of my letters using this legislation, have a look at the last of my letters here, it's post #7: http://www.consumeractiongroup.co.uk/forum/showthread.php?300739-Lloyds-TSB-Lloyds-BLS-Collections&p=3358257#post3358257

 

Any questions at all, don't hesitate to ask. It is a VERY powerful piece of law.

Edited April 3, 2011 by Tingy