hfo services

[coledog]

Nice one Tingy, thanks:-)

[tfoxlow]

latest news...

 

just received documents from citicard in response to my SAR request but this is what was included not a lot.......

1

copy of personal data which just gives name ,address nemployed or not bank acc. etc etc nothing really

2

a letter to them from me dated19/11/04requesting they cancel repayment protection...

3

montly accounts up to 8/5/06. last payment was on statement date 8/sept/05

Thats it no copy of agreement.ie terms and conditions as they state in there accompaning letter that these fall outside the definition 0f perpuses of the data protection act.

similarly . s7 (1) © only require a data controller to provide a copy the information constituting any personal data ,not the actual document on which the personal data is recorded.

 

so ive not got the agreement with terms and conditions so i cannot check if hfo services are entitled to be the way they are.

 

they state that no statements were produced fot this account after may 2006 as the account was sold to hfo..

as stated earlier i did not receive any notification of assignment from citi until hfo contacted me as per my first post on here.

 

so coledog and the others that are helping me, question.

hfo said over £4000 owed but this information shows £2543.68p so i might guess that hfo are trying to add the other £1500 as there charges. ha ha.

what do i do now as i have not had a thing back from hfo , and i have sent them the notice that they failed to provide me with the information i requested in my cca.account under dispute..

help please

[sillygirl1]

Complain to the OFT, this is completely unreasonable behaviour, they have NOT complied fully with the SAR request and to have sat on this debt for 5 years is way out of line. They are aware of HFO at the moment so your complaint is merited. Also you need to complain to the Information Commissioners Office about the information they have sent in regard to your SAR request, they have not complied and a complaint to them is in order too.

 

They should have sent a statement from when they brought the account showing the interest levied, and letters sent to you about their taking over the account, none of this seems present.

 

IMHO you tell them to get knotted.

[tfoxlow]

i have just looked at hfo 72 hour letter it states citicard and the account number and is for just over £4000 so it is there interest ie the £1500 .but this is not valid is it cos even today ive not had a notice of assignment.

[coledog]

The SAR is pretty standard for Citi actually you will not get much more out of them. Did the covering letter say anything about them not retaining documents or some such rubbish? Did they say who the account was sold to and when? They are very unlikely to have an application form or credit agreement or will not reveal it if they have. Read some of the threads on the Citi forum about why they have not retained documents. What they are trying to say is that they will not cobble together a re-con agreement, basically sets of T and Cs, which they would have to do if you sent them a CCA request but they may do this for HFO in response to your CCA request to them.

 

Have you sent HFO the 'Account in Dispute' letter yet? This is very important and will stop them sending you letters.

 

You are correct about the HFO 'interest' added, it is very unlikely that they can justify this.

[tfoxlow]

coledog

citi do not mention not retained documents .

no they only state there were no statements produced for this account after may 2006 as the account was sold to hfo......

no date it was sold.

[tfoxlow]

yes this was sent to hfo on monday this week

[coledog]

You will have to wait the full 40 days from making the SAR request to see if they send anything else. If not, you can write and ask them for anything else and put the pressure on.

 

Did it just say it was sold to 'HFO', what exactly was the wording?

[tfoxlow]

no they say exactly as i said in post 31. they were exact words. no date etc...

[tfoxlow]

i have just received from hfo a so called copy of my agreement with citicard, it appears to be 2 copies one 11 pages long the other 12 pages, but it has no dates on it and no signature, so it could have been cobbled together last week. and it says a lot but at the same time tells me nothing.

i have no dates it went in default no amounts, and haw do they get £4000 when citicard statements show £2500. what do i do now. please help

[tfoxlow]

i have received e-mail from the oft concerning my complaint to them about hfo services it was a form to sign to give the oft to use it against them.

i have given them my permission.

[coledog]

the agreement is a 'recon' send them this, recorded do not sign

 

Address

 

Date

 

Dear sir/madam

 

I acknowledge no debt to your company.

 

Thank you for your response to my request under the Consumer Credit Act section 78.

 

As you have forwarded a reconstituted agreement, you will need to confirm that you have the original signed Agreement, and in what form, ie microfiche, together with the reason this has not been sent at this request.

 

I consider that this account is still in dispute.

 

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 personal details and signature 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 any personal data relating to me on this matter.

 

Yours faithfully

[coledog]

Good work with OFT, you may not hear anything directly but it means they can use your evidence against HFO

[tfoxlow]

thanks coledog will do letter today thanks

[sir_gilmour]

Hi

Welcome to The Consumer Action Group.

 

 

I am just letting you know that as you haven't had any replies to your post yet, it might be better if you post your message again in an appropriate sub-forum. You will get lots of help there.

 

Also take some time to read around the forum and get used to the layout. It is a big forum and takes a lot of getting used to.

 

 

Once you start to find your way, you will soon realise that it is fairly easy to get round and to get the help you need.

 

It can be bit confusing at first.

[broken arrow]

Bump

[tfoxlow]

the letter hfo have sent me ie the noa is dated 20th march 2006 but this is the first i have known of it.

there is no terms and conditions attached.

they have sent another letter with it it states

please be advised that monument do not provide copies of the original agreement, only provide copies of the reply card which holds your personal details, and signature to which show you agree for the monument account.....

the reply card card they refer to does not mention monument it is a request for a credit card on 21/06/04 and was supposedly returned to me with barclays stamped over it and dated 23/july 2004. but no terms and conditions.

[broken arrow]

First thing is to find out the last payment, phone no for Barclaycard is 0844 556 0066, you also need to ask on what date the account was sold and to who.

[tfoxlow]

last payment was 11th august 2005.

and noa shows account sold to hfo on 20 march 2006

[tfoxlow]

r hfo allowed to charge there high interest after they sit on an account for over 5 years with no correspondence to you .

[broken arrow]

well nearly stat barred, you should still phone to confirm this, I bet the sale date is different to what is on the NoA, don,t forget that NoA was produced by HFO.........

Edited August 7, 2011 by broken arrow

[broken arrow]

r hfo allowed to charge there high interest after they sit on an account for over 5 years with no correspondence to you .

 

Only once they have given notice, hence the back dated notice.

[tfoxlow]

i will contact barclaycard tomorrow and see if what they tell me is the same as what hfo say

[tfoxlow]

does this meen then that i take it that only interest can start when i received there concocted noa last week what about being given notice of hfo terms and conditions.

[broken arrow]

As I see it, this is another HFO balls up.