And again...HFO Services and Barclaycard

[uaka]

Hi,

 

I know there has been loads of posts on this but I would like my mind put at ease.

 

Yesterday I got a letter from HFO Services for the first time saying the usual "Attempted to contact you several times" "You have 3 days to pay or it will escalate to our legal desk". They also attached (rather unprofessional) web printouts of experian saying I can afford to make payments!!!

 

Also court appointed baliffs, but I know that is BS unless I go to court etc.

 

The default is set to be removed from my account in May this year, I certainly don't remember paying them a thing but not quite sure as before I was knowledgeable on the subject may have called a previous DCA in regards to this in 2005 but I didn't pay anything as I was out of work. I don't think previous to that I has any contact with Barclaycard since 2002.

 

Today I sent a SB letter to HFO by special delivery (because as I understand it it is up to them to prove I have made a payment) and sent a SAR to Barclaycard (recorded with £10 postal order). I did put I did not acknowledge the debt too.

 

What I ask is should I have sent a CCA instead? and what if they come back with some lies that I did make a payment? is there anything else I should do?

 

Thanks in advance,

 

UAKA

[42man]

No need for a CCA request at this stage...let then come back on your dispute about the alleged debt being statute barred.....please keep us posted if/as/when they reply....

[Halibutt]

You've already sent the SAR, which should turn up more information than a CCA would. Sit tight and see what comes back.

 

With a SAR, they're legally obliged to disclose everything they hold on you and anything relevant to your account. If they don't fully comply, that's further ammo should they attempt to take things further.

[uaka]

Still no word from HFO (Probably trying to find some false evidence!), arrived and signed for last Friday.

 

Got a letter back regarding my SAR and they say they can't do it because the addresses don't match (as I have moved many times since I last heard from them) and are asking to phone customer services and update my details.

 

Will updating my address with then start any "timer" again? Or should I just reference my previous address in another letter?

 

Thanks in advance

[PGH7447]

if the addresses dont match why are they chasing you?

 

sit them out and dont respond

[coledog]

Hi

 

You will have to confirm your address with Barclaycard for the SAR request, it is important to do this and they will usually do it over the phone. The SAR information is very important to get hold of.

 

Confirming your address will not affect SB status, it will just ensure that you get the information.

 

It is a bit late to send a CCA request to HFO as you have sent the SB letter. I never advice people to send the SB letter to HFO without confirming the last payment date as they can come back with absolute rubbish but lets see how they respond.

 

You can also ring Barclaycard recoveries and ask them to tell you when the last payment was made and to whom and when this was sold. Barclaycard recoveries 0844 556 0066. If they are not helpful, I can give you another number.

[the_shadow]

You can also ring Barclaycard recoveries and ask them to tell you when the last payment was made and to whom and when this was sold and to whom exactly!. Barclaycard recoveries 0844 556 0066. If they are not helpful, I can give you another number.

 

Would be a good idea to do this sharpish i feel, that way any discrepancies that come to light in the response from HFO can be seen early on.

 

S.

[uaka]

Right I have heard back from HFO and it goes thus:

 

"To date we not that since 26/03/2007 when we purchased your account we have maintained contact with you, but we cannot be held liable with your continued evasion towards this matter"

 

Then they go saying that the court will see that have made 24 phone call and sent 8 letters which show they have clearly made contact. Ask me to seek professional advice etc.

 

What next???? I will have a while to get a SAR and I will phone barclays to get the dates and last payment etc.What legally can the do?

 

Thanks in advance

[coledog]

Right they are breaking all the rules if this letter is in response to your SB letter. Making contact with you has nothing to do with SB status and they are just trying to frighten you. You must try and find out if this is definately SB or not i.e. obtain the last payment date. You can then write back and state the SB rules at them plus report them to OFT.

 

If it is not SB, you need to send a CCA request and put them to proof that you owe this.

 

Told you that they would come back with absolute rubbish. Ensure that you keep all these letter and envelopes they came in.

[uaka]

Right....Phoned Barclaycard and the debt was sold to Roxbuuuuuugh (or something) on 08/03/2007 and the last payment made on the account was 27/07/2004. So I take it it is SB!

 

Do I write back with the SB rules now? I am a bit concerned about changing my address to get the SAR, will it DEFINITELY not start any clocks? Can I quote the address on ths SAR letter it's registered under instead of phoning?

 

Thanks in Advance again

[uaka]

Hi could I have a bit of assistance in setting out this "bugger off it's statute barred" letter. If I mention the date of last payment is that an confirmation the debt is mine?

 

Was going to state that I have lived at the same address since they bought the debt with the same phone number...so what did they call and do they have Royal mail proof of postage?

[42man]

Send this recorded delivery - http://www.consumeractiongroup.co.uk/forum/content.php?408-Letter-sent-when-debt-is-statute-barred

[uaka]

Thanks for that, shall I mention the last payment date at all?

[uaka]

That pretty much is what I sent them first time though and they came back with "we tried to contact you with 8 letters and 24 phone calls"

[DonkeyB]

Hmmm... another one sold to Roxburghe.

[broken arrow]

you want the fact the account was sold to Roxburghe in writing.

[42man]

OK so you sent through the statute barred letter and they ignored it send this one for the last time - http://www.consumeractiongroup.co.uk/forum/content.php?420-Letter-to-use-if-a-DCA-still-try-to-collect-after-Statute-Barred .....I hope you have the dates/times/letters still !! You MUST report them to the OFT.

[42man]

I suggest you title that letter - LETTER BEFORE ACTION.. If they continue to contact you..please let us know, but make sure you record the times and dates and all correspondence. If they did then you would have a very strong case for harrassment.

[broken arrow]

OFT contact dealing with this outfit is James Waldron, and the address is OFT, Fleet Bank House, 2-6 Salisbury Square, London, EC4 8JX.

[DonkeyB]

As Coledog says, they have enough tracing systems at their fingertips to have found you in the years since they had the account. Ther response is bluster and, more to the point, by ignoring the facts they are now possibly committing a criminal offence of harassment. That’s the line the OFT takes.

 

Maybe an SAR to HFO to find out what they reckon they sent, and where they sent it? And how could they have made all those phone calls if they didn’t know where you were or what your number was?

[uaka]

Thank for all the advice, I have all the correspondence and will fire off the SB follow up letter and complain to the OFT.

 

Hopefully it will get them off my back but probably will take a bit longer if they are true to form!