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Update to previous thread - HFO and Pre-litigation contact.


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Having received as previously mentioned a pre-litigation phone call in which they spoke to me even though I had denied I was me (complaint made to ICO), I have now received a letter which clarifies the situation.

 

I had thought this refered to an amount shown as a CC which I know to be PPI, but I was wrong!.

 

This is a Barclaycard Account which has been purchased by HFO, which means that their 'pre-lit' department were on the 'phone before I was notified HFO had it

 

HFOs' letter is headed 'Reminder Notice of Assignment' - this is the first I have heard of it!!!

 

Anyway usual rubbish being spouted, but they are adding this little gem

 

This balance is inclusive of all interest and charges on your account from the original date of default. Current interest Rate: 12%

 

Which of course means that I have no chance of recognising if this is even mine as the amount is no-where near anything I 'might' owe.

 

I now have a #dedicated account manager#

 

I will be undergoing a 'pre-litigation review next week' so the guy in India was jumping the gun a bit!!!

 

They want me to call and have a'sensible conversation' with them, now I am known to have my senior moments, but what will be their excuse!!:madgrin:

 

The final paragraph enlightens me that 'it may be possible to negoitiate a discount on your behalf or to freeze the interest on your account'

 

So here I go jumping on another merrygoround of letter tennis. Must be near SB if not already, will have to sort out my 'archived' files for this one!!

 

If this is my account which I really do doubt, then it would have been taken out in the 1990s

Every journey begins with a single step :):)

 

Please note: I have no qualifications in this area - my advice is learned from the wonderful members of this Forum. Thanks to you all for your help.

 

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The only person entitled to your Personal Finance details is a Judge not a DCA

 

Move all banking activity to another banking group if you have a dispute - your funds can be used to offset debts within the same group.

Be careful with Banking details (card/account numbers) as these can be used to take unauthorised payments.

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First job is to call Barclaycard and ask them to whom and exactly when this account was sold. You may get a surprise. Also find out the last payment date.

 

They cannot apply interest if they did not advise you of the assignment at the time. Moreover they have not sent annual statements. They have been sitting on loads of accounts acquired in 2006-2007 and are only now getting round to telling people about them. Complaint to OFT on the cards about applying interest. It is not only wrong, it is illegal.

 

This is their usual trick, HS – the ‘previously sent’ rubbish and ‘reminder’. It breaks all the rules. Welcome to the HFO Fan Club...

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

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Here’s your previous thread – worth merging them and re-titling?

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?301030-HFO-Pre-Litigation-Department&highlight=

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

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Consumer Direct apparently are waiting for HFO complaints, according to another poster, so get the complaint in pronto. It needs to be backed up with their details and any letters you may have from them, particularly a pre-litigation letter and reminder of assignment letter.

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First job is to call Barclaycard and ask them to whom and exactly when this account was sold. You may get a surprise. Also find out the last payment date.

 

0844 556 0066

US President Barack Obama referred to Ugland House as the biggest building in the world or the biggest tax SCA* in the world.

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Thanks all, will be doing letters tonight and 'phoning Barclaycard in the morning to see if this is mine. I will jot down all the advice tonight and get going so I do not miss anything. Will update as usual.

Every journey begins with a single step :):)

 

Please note: I have no qualifications in this area - my advice is learned from the wonderful members of this Forum. Thanks to you all for your help.

 

If you have found my post helpful please leave a short message by clicking the star to the left of my profile - Thank You

 

The only person entitled to your Personal Finance details is a Judge not a DCA

 

Move all banking activity to another banking group if you have a dispute - your funds can be used to offset debts within the same group.

Be careful with Banking details (card/account numbers) as these can be used to take unauthorised payments.

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Letter to James Waldron OFT - DONE

 

Online complaint to Consumer Direct - DONE

 

 

Will telephone Barclaycard in the morning, should I be sending a Prove it letter, or straight to CCA?

 

Going through my Archives now to see what, if anything, I can find.

Every journey begins with a single step :):)

 

Please note: I have no qualifications in this area - my advice is learned from the wonderful members of this Forum. Thanks to you all for your help.

 

If you have found my post helpful please leave a short message by clicking the star to the left of my profile - Thank You

 

The only person entitled to your Personal Finance details is a Judge not a DCA

 

Move all banking activity to another banking group if you have a dispute - your funds can be used to offset debts within the same group.

Be careful with Banking details (card/account numbers) as these can be used to take unauthorised payments.

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Wow, I am so super efficient at times I frighten myselfcheer.gif

 

My Barclaycard 'debt' was last with Wescot mid 2006, the last contact from them confirming passing back to Barclays was September 2006, so would not have been paid since mid 2005 (I know this because that is when my second battle with Cancer started). The debt was well under £3000. HFO are claiming in the region of £4500, what an earner NOT!!!

 

Edit: My skills know no bounds !!! I have a CRA entry from February 2009 made by BARCLAYCARD with relevant information so this PROVES it was NOT assigned to HFO until later in 2009, if at all!!

Every journey begins with a single step :):)

 

Please note: I have no qualifications in this area - my advice is learned from the wonderful members of this Forum. Thanks to you all for your help.

 

If you have found my post helpful please leave a short message by clicking the star to the left of my profile - Thank You

 

The only person entitled to your Personal Finance details is a Judge not a DCA

 

Move all banking activity to another banking group if you have a dispute - your funds can be used to offset debts within the same group.

Be careful with Banking details (card/account numbers) as these can be used to take unauthorised payments.

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It might be worth sending Barclays an SAR to see exactly what payments have been made & when. You might even be able to turn the tables and reclaim any unfair chargers &/or PPI.

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That would be nice, will take your advice, many thanks.

Every journey begins with a single step :):)

 

Please note: I have no qualifications in this area - my advice is learned from the wonderful members of this Forum. Thanks to you all for your help.

 

If you have found my post helpful please leave a short message by clicking the star to the left of my profile - Thank You

 

The only person entitled to your Personal Finance details is a Judge not a DCA

 

Move all banking activity to another banking group if you have a dispute - your funds can be used to offset debts within the same group.

Be careful with Banking details (card/account numbers) as these can be used to take unauthorised payments.

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Edit: My skills know no bounds !!! I have a CRA entry from February 2009 made by BARCLAYCARD with relevant information so this PROVES it was NOT assigned to HFO until later in 2009, if at all!!

 

Unlikely. I’d guess 2007! Barclays were useless at correcting their CRA entries.

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

If a Cagger helps you, click their star. Better still, make a donation however small, so that CAG can continue to help others.

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Will telephone Barclaycard in the morning, should I be sending a Prove it letter, or straight to CCA?

 

Personally I'd go for the Prove It to HFO to start with. Like you say, you've no way of recognising IF this is your debt and currently no way of verifying any of their figures, claims etc. So I'd use the prove it and see what they come back with. Depending on that I go on to send a cca request.

 

Cheers

UF

I am rarely around these parts any more. I only stop by when something has come to my attention that has sufficiently annoyed me so as to persuade me to awake from my nap and put in my two pence.

 

I am a final year law student; I am NOT an expert in law. All of my posts are just my opinion. I cannot be held responsible for any outcome whatsoever resulting from any person following the opinions or information contained within my posts. Always seek professional legal advice from a qualified lawyer.

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Personally, would go straight to the CCA and add 'I acknowledge no debt to your company'. HFO tend to ignore 'prove it' letters and continue the harassment. They will have fun looking for a credit agreemnent, me thinks

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The thing though, purely in my personal opinion, is that under the CCA you're only entitled to ask for the agreement if it is your debt. Adding that heading would not always guarentee that it doesn't re-start the stat barred clock and, again in my opinion, the cca template used here could, on construction, be taken to re-start the clock.

 

Imho there's no harm in sending a prove it first and seeing what comes back, if anything. Plus, if they do actually read and act upon the prove it, then that would take some time and then there is always the option of a cca request later on.

 

All just my thoughts though. What HS does is, of course, entirely a personal choice. :)

 

Cheers

UF

I am rarely around these parts any more. I only stop by when something has come to my attention that has sufficiently annoyed me so as to persuade me to awake from my nap and put in my two pence.

 

I am a final year law student; I am NOT an expert in law. All of my posts are just my opinion. I cannot be held responsible for any outcome whatsoever resulting from any person following the opinions or information contained within my posts. Always seek professional legal advice from a qualified lawyer.

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Fair enough, I am sure HS has the experience to do what is best. I am a bit concerned that the CCA letter could be acknowledging the debt, will have to look into that one. I always add the para about 're-cons' as well, so the template does need to be improved a bit.

 

I think enquiries with Barclaycard are important here.

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I would say that the template CCA s77/78 request on this site do NOT give an acknowledgement of the debt in the eyes of the law..

 

 

Every acknowledgment must be in writing and signed by the person making the acknowledgment

1. For these purposes, any acknowledgment or payment may be made by the agent of the person by whom it is required to be made

2; and must be made to the person, or to an agent of the person, whose title or claim is being acknowledged

3. A person is not an agent for the purpose of making an acknowledgment or part payment unless he is duly authorised to make it

4. A minor may make a valid acknowledgment of a debt if the debt is for necessaries supplied to him

5. An acknowledgment which has been obtained by undue influence is of no effect and cannot be relied on by the creditor

 

Clearly the £1 was the statutory fee and cannot be classed as a part claimant despite what some DCA's claim, also A request for information IS NOT an acknowledgement of the debt.

 

S.

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No but given that under the CCA you can only request a copy of the agreement if the account is yours, a Judge in my mind is likely to say:

"Well, did you send that request?"

Answer: "Yes".

"Why did you send a request for your signed executed agreement, if you believe you never had one?"

Answer: "ummmmmmmmmmmmmmmmm".

 

 

We know how difficult District Judges can be sometimes and I, personally, would not have faith using that template if an account was nearing Statute Barred status. There is no question of the £1 being a part payment; that is obviously not the case.

 

My issue with the template is its very construction. In my view, in situations where it is being used and there is a dispute over the debt itself, it should be far more stringently written so that, upon complete and true construction, it can be seen that the alleged debtor is expressly not acknowledging any debt.

 

I know it's been a good template for a long time, but in my personal opinion it does not do what it needs to do in all situations and I think it could be updated and improved. In the business world people say that you must always move forward and change; a company wishing to stay still will stagnate and eventually fail. I believe this to be true in many areas of life and I believe it to be equally true here on the CAG. We must always move forward and be willing and open to change, because that is how we stay two steps ahead of those we oppose.

 

Thread is moving off topic now, sorry Harassed Senior.

 

Cheers

UF

I am rarely around these parts any more. I only stop by when something has come to my attention that has sufficiently annoyed me so as to persuade me to awake from my nap and put in my two pence.

 

I am a final year law student; I am NOT an expert in law. All of my posts are just my opinion. I cannot be held responsible for any outcome whatsoever resulting from any person following the opinions or information contained within my posts. Always seek professional legal advice from a qualified lawyer.

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Thread is moving off topic now, sorry Harassed Senior.

 

Cheers

UF

 

It is and apologies HS. (If you want me to move these posts? I'm happy to)

 

UF, I'll flag your concerns up the chain so to speak

 

S.

Are You as Anonymous on CAG as You Think You Are? *Link*

 

The CAG is a free help site,should you be offered help that requires payment,please report it to site team.

 

Deal with your debts:

STEP ONE - Dont Panic! | STEP TWO - Priority & Non Priority Debts | STEP THREE - Personal Budget Sheet | STEP FOUR - A SAFE bank Account | STEP FIVE - Dealing with Priority Debts | STEP SIX - Non-priority Debts | STEP SEVEN - Non-Priority Debt-Repayment Opt1 | STEP EIGHT - Non-Priority Debt-Repayment Opt2 | STEP NINE - Perils of Consolidation | STEP TEN - RE-Evaluate Frequently

 

***** SERIOUSLY IN DEBT, DONT KNOW WHAT TO DO, TRY NationalDebtLine's MoneySteps *****

 

 

IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.

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Perhaps you can draft something UF - I think that this is an important discussion and I am sure HS does not mind

 

Maybe it should say ' if you believe that this account has anything to do with me, I make this request' or something.

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Have you called Barclaycard yet? It’s very important that you do. 0844 556 0066

 

You’ll need the address you were living at at the time of default, and the account number.

 

Ask:

 

When was the last payment?

When was the account defaulted (ie. with CRAs)?

When was a DN issued?

Exactly to whom and when was the account sold?

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

If a Cagger helps you, click their star. Better still, make a donation however small, so that CAG can continue to help others.

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Quite happy to have this discussion on my thread, it is an important one and is relative to my thread.

 

It certainly gives some scope for thought though.

 

I am leaning more towards the prove it first, after all the longer I 'string this out' the nearer SB gets. Luckily I am passed being 'strung out' by all this, it was a shock at first as I really did believe I have everything under 'my' control, but I have nothing to lose if they do their worst, my life is 'in order' and as most of us say I will never want credit again in my lifetime, so I am one of the lucky ones who can say 'bring it on'

Every journey begins with a single step :):)

 

Please note: I have no qualifications in this area - my advice is learned from the wonderful members of this Forum. Thanks to you all for your help.

 

If you have found my post helpful please leave a short message by clicking the star to the left of my profile - Thank You

 

The only person entitled to your Personal Finance details is a Judge not a DCA

 

Move all banking activity to another banking group if you have a dispute - your funds can be used to offset debts within the same group.

Be careful with Banking details (card/account numbers) as these can be used to take unauthorised payments.

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  • 2 weeks later...
Have you called Barclaycard yet? It’s very important that you do. 0844 556 0066

 

You’ll need the address you were living at at the time of default, and the account number.

 

Ask:

 

When was the last payment?

When was the account defaulted (ie. with CRAs)?

When was a DN issued?

Exactly to whom and when was the account sold?

 

OK, got a further letter today, so will answer the above first:

 

Last Payment: February 2006

 

Defaulted: August 2006

 

Account sold: to HFO Capital

 

All info is from Barclaycard.

 

They say that because the account is from the 1990's they have no further information on file, so, do I still send them a SAR?

 

The letter I received today is the usual drivel with Court Costs attached (there goes another tree!). If you want me to scan and upload I will.

 

I note from the above discussion that sending the usual template CCA is perhaps not the best approach so I wonder what my next step should be.

 

One of their 'options' is , well, I think I will scan and post then you can see!! Give me half an hour to remove and scan.

Every journey begins with a single step :):)

 

Please note: I have no qualifications in this area - my advice is learned from the wonderful members of this Forum. Thanks to you all for your help.

 

If you have found my post helpful please leave a short message by clicking the star to the left of my profile - Thank You

 

The only person entitled to your Personal Finance details is a Judge not a DCA

 

Move all banking activity to another banking group if you have a dispute - your funds can be used to offset debts within the same group.

Be careful with Banking details (card/account numbers) as these can be used to take unauthorised payments.

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They should have records back to April 2006, when was the account sold to HFO Capital.

I would stiill phone 0844 556 0066 and ask to who and when the account was sold.

US President Barack Obama referred to Ugland House as the biggest building in the world or the biggest tax SCA* in the world.

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Was there one letter today and who was it from? its sounds like HFO as barclaycard would not include court stuff.

US President Barack Obama referred to Ugland House as the biggest building in the world or the biggest tax SCA* in the world.

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