HFO 72 hour letter re:Monument Debt prob SB'd

[stuinn]

Hi

 

I received a letter from HFO services at the end of Feb headed up Reminder - Notice of assignment and it went on to say "As you have already been informed your account including all legal rights etc have been sold to HFO Capital Limited". This is the first leter I have had from them. I then received a further letter one week later and another one 9 days later which stated the debt is due now and require initial payment in 3 days.

 

I wrote to tell them this was not mine and sent this recorded signed for having read other posts on here. My letter was sent on the 21st March.The last time I had any credit cards was nearly 6 years ago.

 

Today I have received a further letter with 72 - HOUR NOTICE OF LITIGATION in red. This has totally freaked me out and not sure what I can do.

 

Any advise would be greatly appreciated

[coledog]

Hi

 

Letters from HFO can be very threatening and give misleading information about legal action etc. I would suggest that you send HFO a more formal CCA request with a £1 postal order and if they don't respond with a valid agreement within 12 plus 2 working days, put the account in dispute. I think that you have done this on another thread with another DCA.

 

Do the letters say who the original creditor is? You will need to find out more about this from them particularly about when the last payment was made and who this was sold to. If you do not think it was your account at all, you will have to get to the bottom of this but HFO will not help you.

 

Complaints to OFT about HFO threats will also be in order.

[DonkeyB]

Sub b i ng

[Stigman]

I wrote to tell them this was not mine

 

Hi Stuinn,

 

If the debt is not yours then no need to send a CCA request, Check your credit file to see if any defaults have been applied, if they have, you will need to contact the credit reference agencies to have these removed.

 

In the meantime, report HFO to the OFT, Information Commissioners Office and Trading Standards via Consumer Direct.

 

Keep a copy of your letter and also print a copy of the Royal Mail Trace & Trace receipt, place all letters into a folder for any future reference.

 

Stigman

[caaraa]

good luck!!

[broken arrow]

s u b b i n g, you can complain to James Waldron, OFT, Fleet Bank House, 2-6 Salisbury Square, London, EC4 8JX.

[DonkeyB]

If you had credit cards six years ago, the account may well be yours. Barclaycard ring a bell?

[FORMISTER]

Personally I have had several 72 hours notices from HFO over the last few years and I generally treat them with the contempt that they deserve.

 

They send you a notice of reminder because they should of sent you a NOA when they purchased the debt , but didn't.

Just to echo what the others have stated, you need to send a CCA request to HFO

[stuinn]

Thanks for all your responses, will CCA request. Have looked at the letter again and Monument is the account. Do I phone this company up to find out the last payment etc and who they sold it on to. If so you haven't by chance got a contact number?

[DonkeyB]

Monument cards were taken over by Barclaycard, so you will have to call Barclaycard with the account details. Does it ring any bells?

 

You may need your address from six years ago if it has changed. HFO have been sitting on this for three years or more, I guarantee.

 

What you want to find out from Barclaycard is when the last payement on the account was made – if, indeed, the account is yours – and also exactly when and to whom they sold it.

[coledog]

Monument is now administered by Barclaycard so you have to contact them, number below confirm it is your account and ask them when and to whom, exact company, this was sold to and the last payment date on the account. Get them to confirm anything they say in writing. If they are unhelpful I can give you another number. Depending on the info you get - you may need a SAR to Barclaycard, but see what they say.

 

Barclaycard recoveries 0844 556 0066

[stuinn]

I have spoken to Barclaycard and they advised it was sold to Lowell group in Jan 2008 and the last payment onto the account was in July 2005

[coledog]

'Lowell Group?' - that is NOT correct, ring them back and question this. Get anything they say in writing. The date means it can potentially be SB in August, this year - unless you live in Scotland (only 5 years)

[DonkeyB]

Sold to LOWELL?

 

What the...?

 

Can you call them again and double check this?

[stuinn]

Have just spoken to barclaycard again and the info they gave me before was for a small barclaycard debt not the monument one which they cannot find from the monument number I gave them or my name or addresses. They advised that they gave all the monument accounts barclaycard numbers and they used to be able to trace them from the monument numbers but cannot any more.

[coledog]

Well - good in a way as HFO may not be able to get access to any of the information.

[DonkeyB]

They’ll find it for HFO!

 

Do you have a record of the account number given to your account by Barclaycard?

 

An urgent SAR to Barclaycard may be necessary then.

[stuinn]

No I do not have a record of barclaycard number.

[stuinn]

When sending an SAR do I send the fee as a cheque or as a postal order?

[coledog]

Send a postal order for £10, leave the payee blank. Ensure that you make it clear that it is for the Monument account

 

SAR Request

 

Subject access request letter attached to send with £10 postal order - send recorded delivery and sign over the dotted area at the bottom. They have 40 days to reply.

Standard SAR.doc

[stuinn]

Thank you very much.

[stuinn]

I have today receieved a letter from HFO headed up schedule of litigation, which in it says that I have failed to contact them - incorrect sent cca request which they have signed for - and that their only option is to persue through courts. It then has a schedule of litigation activity, then atached are schedule of solicitors costs and a document EX50 from hmcs showing a list of fees. It came in the normal post. Can they continue to do this even though the cca request has got to them?

[DonkeyB]

They shouldn’t but they are serial idiots. Complain about this to the OFT again – they cannot threaten or take legal action while in default of a CCA request.

[coledog]

This is just a nasty and misleading threatogram which you must report to OFT.

 

They may continue to send this drivval until you can put the 'Account in Dispute' and then they are prevented from taking and threatening further action until they provide an fully executable agreement.

[stuinn]

I sent a request for the CCA agreement and then sent a default notice at the end of April. I have just received a letter from HFO which states:-

"This letter is regarding your case which is being dealt by HFO Services. A letter from your Account Manager is attached for your attention. Please Contact you Account Manager directly if you have any concerns or queries. We look forward to hearing from you".

The attachment which I can only think they have sent as the CCA document looks like a postcard application and not a letter as they advised. I have tried to attached but have not placed sufficient posts to link to photobucket.

 

Also I sent an SAR back in April and the 40 (working) days were up yesterday. I received an acknowledgement from the bank advising that "we do not hold any correspondence however all other details requested which are available will be sent from the appropriate areas" but have not received anything since. Should I do anything at the moment?