CC PROVIDER ALLOCATED OVERPAYMENT ON LOAN TO CC- hfo again!

[smarmymarmy]

Help! where do I stand on this one please? being persecuted by HFO with numerous ,phone calls(in work) so got number changed. now getting threatening letters on a cc debt which became SB in December 2010. however having sent a SAR to the card provider there is a payment for £7.15 supposedly made in November 2005. the only thing I can think of ( because I was in no position to pay them anything at the time) was that any overpayment left over from a loan with the same company which was settled at the end of Sept/beginning of October 2005 was subsequently allocated to the credid card debt outstanding. re HFO it was acquired by them supposedly in Nov 2007, although the default date that was showing on my credit report was Dec 2004, and came off in Dec 2010. also I sent them a CPA request back in 2007 which they still haven,t fulfilled. is this SB or not please? all statements on SAR show quite clearly that no contact had been made throughout this time., but am reluctant to tell HFO where to go without being 100% certain of my facts- HELP!!

[BankFodder]

if they took it upon themselves to allocate some extra money to a particular debt, then I don't think this has anything to do with you acknowledging the debt in any way.

 

On that basis, the debt would be statute barred.

 

Of course your problem is going to be finding evidence that that is what did actually occur. I think that you need to start as detailed note as possible, trying to get down all of the history of what happened in respect of payments and that particular overpayment. At the same time you need to be sending SARS and chasing up SAR's in order to get evidence that they made the payment themselves.

[smarmymarmy]

Thanks for your quick response! I received the SAR report yesterday, and only on ploughing through it did I find this payment allocated to the account in November 2005, although no contact had been made - by their own admission. since the loan was settled literally a few weeks prior to this I think I,m going to have contact them tomorrow in order to check the amounts, and the cc provider to find out where the payment came from, and that should be interesting as by the I had changed my bank! we,ll see. but re HFO they are using the original default date, so SB or not?

[PGH7447]

SB - unless they claim and prove you made the payment, it is not unknown for spurious payments to appear on these things

[smarmymarmy]

so therefore can I take it as being SB and put the onus on them to prove otherwise?

[PGH7447]

correct

[coledog]

Who is the Original Creditor, sorry if I have missed it somewhere? If this payment was what you think it is I do not see how it can count as a payment by you but you need to get the facts straight. HFO often challenge SB claims and sending the SB letter can count as an acknowledgement if the debt is not SB.

 

Did you mean above that you have sent HFO a CCA request?

[smarmymarmy]

thank you so much! that,s taken a weight off my mind!

[smarmymarmy]

yes I sent HFO a CCA request in 2008, to which they have still not complied.

[coledog]

Did you send them the 'account in dispute' letter as they should be leaving you alone anyway?

 

Can you say who the OC is?

[smarmymarmy]

no, I,d heard nothing for years, the default disappeared from my credit report in December last year, and then in February the ,phone calls started. after 5 days, during which time both I and my staff received 15 ,phone calls, plus 2 personal messages left on a business answerphone I got the number changed. then received a letter- what appears to be the usual one reminder notice of assignment. have not responded at all as been waiting for results of SAR request from original ( Barclaycard)

[coledog]

Thought so, they seem to be chasing old and SB BC debts at the moment, quite agressively. Are you ringing the following number?

 

Barclaycard recoveries 0844 556 0066

If they are not helpful there are some other numbers you can ring

Get everything in writing

Have sent a PM

[coledog]

In addition, does the SAR say which exact HFO company this was sold to and when? This is also very important. If it does not - also ask Barclaycard for this information, confirmed in writing.

 

You can also report the telephone harassment to OFT, particularly as it was at work.

[smarmymarmy]

just says HFO. Will have to contact them tomorrow

[coledog]

Exact company name and address

[FORMISTER]

I agree with whats been said. If what you are saying about the payment is true this does not constitute acknowledgement of the debt.

 

You will probably start receiving threatograms like their "72 hour notice of litigation" letter, don't be phased by them, they are standard and should be taken with a pinch of salt

[smarmymarmy]

will let you all know how I get on, many thanks for your help everyone!

[sillygirl1]

I wonder why Barclaycard haven't taken a pro-active response in this and have a dedicated active rep on this forum, who can get these disputed accounts pulled from HFO's nasty grip.