Hfo

[stephie2]

Had an interesting phone call off them tonight. They got my mobile number and I spoke to them on the phone tonight at home. They state they bought the debt in 2006 and that the interest was piling on hence why the balance is now so much. I told them that I know they are a con and that they would not be getting any money out of me until I have had a copy of the CCA. The man desperately tried for a further 20 minutes to get me to agree a payment with them to which I refused. I told them that I have a solicitor of my own and that when I get paperwork from them proving that I owe this money in the form of the CCA etc then I would not be paying. I also told him that I have reported them for ringing me constantly at work and he assured me that he would look into this and stop it from happening. He tried to be intimidating on the phone but I stood my ground and stated that I was prepared to go to court if that is what needed to be done. After 30 minutes he got the message and let me get off the phone. He did state though that I would have to pay it one way or another and that the interest will continue to go on making my bill go up etc. He said that they are well within their rights to refuse any offer I make and continue to put interest on.

[FORMISTER]

Well done for standing up to them, but please don't speak to them again. refuse to answer their security questions and then they can't speak to you.

 

They cannot add interest on a daily basis to your account so thats rubbish (unless a provision in the origional contract allows them to, which it won't).

 

Sorry to ask if you have already stated but did you say it's been 8 years since you last paid anything to this debt?

[coledog]

Agreed - well done but don't speak to them unless you can record the calls . They will say anything to you to get a payment and will just try and incease the number of calls. Just say 'in writing only' and hang up.

[coledog]

Have you tried ringing BC yet? You need to get the background on this.

[dx100uk]

yep monument are now BC

 

they wont have any paperwork either as anything prior to 2005 got binned when they took them back under the BC wing.

 

monument would have charged your their stealth PPI [Payment Break Plan.]

the guy you need to contact is:

Mr Richard Heaysman

Customer Relations Manager

Monument Credit Card

Portland Building

25 The High Street

Crawley

West Sussex

RH101BG

 

dx

[coledog]

Hi Dx

 

Is this the address that steph sends the SAR to? Is there a contact number or is it worth contacting BC? I don't know anything about Monument.

 

This could very well be Statute Barred if Steph has not had any contact with it for 8 years and it sounds like the data could be missing. If Steph cannot get the info, it is unlikely that HFO have it or can obtain an agreement

[stephie2]

Formister - Yes I have not paid since 2005 as I presumed this had gone into my debt management and it would appear that HFO are saying this is not the case. They bought the debt in 2006 so they say...

 

coledog - I have been trying to find any paperwork with an account number but I cannot find anything at all. Would BC be able to tell me anything without an account number. I will have a look on the letter that HFO sent me and see whether it states an account number.

 

dx100uk - thanks for that address, I will drop them a line and see if they can shed any light on this

[coledog]

The original account number should be on the HFO letter, if not they have even less information to go on. There should be an account number and an HFO Case number.

 

Can you find out if any payments were made to anyone under the DMP or they wrote to anyone? a debt is SB 6 years after the last missed payment or written acknowledgement of owing the debt (5 years if you reside in scotland). I would not believe any info HFO give you as they are very unlikely to have the full facts.

 

Count the days from HFO's receipt of the CCA request as you can put the account in dispute, no credit agreement should keep them quiet

 

I think I would still give Barclaycard a ring to see what they say about this.

[stephie2]

Hi all

 

Just a quick update on the situation. I have wrote to Barclaycard to ask about any information they have with Monument on this account and am still waiting on a reply.

 

HFO have sent me a further letter with still no CCA. The letter states that they intend to get an attachment of earnings from my employer since I refuse to speak to them on the phone. They attached a copy of e-series consumer view which all that shows is my address's for the past ten years.

 

On there though interestingly I saw something about a mail order catalogue in 2004. Should that still be on my credit rating from all those years. It doesn't state who it is though so cannot check it out. Also am not even sure what this consumer view thing is!!

[cerberusalert]

On the letter they state that they want payment of this within 3 days or they will apply for a warrant of execution and secure an order to obtain information etc and send bailiffs to my home to seize my assets.

 

The letter states that they intend to get an attachment of earnings from my employer

They are deliberately flouting OFT guidelines in the absence of a CCJ & you should make a complaint to Trading Standards & the OFT.

[dx100uk]

hehe

 

usual tricks then...

 

yo'll get the google earth photo of your home in a letter next,

 

have you checked your cra file?

 

don't worry about that hfo letter

 

they cant do anything without going through the courts.

 

dx

[stephie2]

More info:

 

I have had a letter today from HFO with a photocopy of of a declaration from my credit agreement. The credit agreement is signed 14.3.03 with Monument. They have sent me a copy of statements from 07.06.05 to 07.06.06. The amount I apparently owed on 7.6.05 was £1,477.76 and even though there are several payments from me at reduced rate by the last statement I went on to owe £1,944.97 with all the interest, defaults etc that had been added on. HFO are saying I owe £2614.02 and they want payment in 3 days or will apply to a court for a CCJ. The last payment made by me was 09.03.06 for £20.00. This obviously had been missed off my DMP at the time. The credit limit I ever had with them was for £1,500. I am gobsmacked to see that well over £1,000 has been added on in extra fees. I have read on the internet that I can use the term Limitation Act 1980 if it is 6 years since my last payment.

 

Has anyone heard of this or do I have to arrange to pay this whopping bill?

[DonkeyB]

They cannot add interest, as they did not comply with the Law of Property Act when they bought the account by sending you a notice of assignment. This is a straightforward fact.

 

Have they sent any copies of terms and conditions with the application form? Can you scan and post the form, with your personal details removed? If there are no T&Cs from the time of opening the account (as well as T&Cs from the time of termination) then they have not satisfied your CCA request and they CANNOT take legal action (enforcement) until they do (though they might try).

 

If they have not provided the T&Cs, we need to compose a dispute letter for you to send urgently.

 

Your SAR request should be imminent if HFO have managed to get the info...

 

But the debt is clearly not yet SB.

[DonkeyB]

I’m puzzled, steph. You went into a DMP but this wasn’t included? Any idea why not? Yet you were paying a reduced amount of £20 per month? How was this arranged?

 

Also, please, please phone Barclaycard as advised and ask the following:

 

1. Exactly when did BC sell this account

2. Exactly to whom did BC sell it

3. When was the last payment made by you to BC.

 

This is very important. Record the call if you can.

[stephie2]

They cannot add interest, as they did not comply with the Law of Property Act when they bought the account by sending you a notice of assignment. This is a straightforward fact.

 

Have they sent any copies of terms and conditions with the application form? Can you scan and post the form, with your personal details removed? If there are no T&Cs from the time of opening the account (as well as T&Cs from the time of termination) then they have not satisfied your CCA request and they CANNOT take legal action (enforcement) until they do (though they might try).

 

If they have not provided the T&Cs, we need to compose a dispute letter for you to send urgently.

 

Your SAR request should be imminent if HFO have managed to get the info...

 

But the debt is clearly not yet SB.

 

Here it is ......

[DonkeyB]

Way too small... can you convert it to a PDF, then go to the advanced message box and post in line (add it to your image uploads)?

 

And the T&CS – were there any?

[stephie2]

I’m puzzled, steph. You went into a DMP but this wasn’t included? Any idea why not? Yet you were paying a reduced amount of £20 per month? How was this arranged?

 

Also, please, please phone Barclaycard as advised and ask the following:

 

1. Exactly when did BC sell this account

2. Exactly to whom did BC sell it

3. When was the last payment made by you to BC.

 

This is very important. Record the call if you can.

 

I have no idea why this was missed. It was so long ago. The only thing that I can think is that I must have agreed to this before the DMP.

 

The last payment showing on the statement is for £20 saying payment received on 9.3.06

[stephie2]

How do I do that? Sorry pc thicko here!

 

No that is all they sent to me along with the statements for that year.

[DonkeyB]

Try setting up an account at photobucket.com and copy the code into here.

[stephie2]

To be able to post links or images your post count must be 20 or greater. You currently have 14 posts.

 

Please remove links from your message, then you will be able to submit your post.

 

That is what it says when I try to put it here

[stephie2]

Do I have to just waste a few more posts to be able to post it eeekkk

[cerberusalert]

Do I have to just waste a few more posts to be able to post it eeekkk

Upload the images to a hosting site such as tinypic and then send me the urls by PM & I'll post them up for you.

[stephie2]

Upload the images to a hosting site such as tinypic and then send me the urls by PM & I'll post them up for you.

 

Done thanks

Edited May 18, 2011 by cerberusalert
removed image

[cerberusalert]

There ya go.

[DonkeyB]

Suggest you block out your signature...

 

...but my first thoughts are ‘is that it’?

 

I’m struggling to read the important bit at the top right which refers to T&Cs – is your copy blurred here? This will tell us if T&Cs were supposedly attached or elsewhere, if present at all, and its content is vital to what you do next.

 

This is why getting a copy from the OC is also vital, to see if there has been any chicanery in making the important parts illegible. By law, it must be legible.