HFO Notice of Assignment of Debt

[ronaldo9_r9]

Hi,

 

Received a letter today from HFO in relation to a debt from a Barclaycard today 06/04/2011.

Letter says the following

Account: Barclaycard

Account no: xxxx

Amount: £1900.95

 

Your account, including all legal rights and obligations associated with it, has been sold by barcaycard to HFO capital. Your debt is now subject to HFO's standard terms and conditions .

 

This account has now been assigned to me. As HFO will devote all of its commercial and legal resources to the collection of this debt, my responsibility is to assist you in coming to a final and positive resolution with this account. I request that you contact me as soon as possible so that we can work towards reaching an amicable solution to this outstanding issue of yours which is incurring interest charges because of non payment.

 

It will never be cheaper or easier to settle this debt than it is today. We understand that no one wants to be in debt and i will do everything I can to help you. If you have and queries regarding the assignment of your debt please call me on XXXXX

 

Here is experian report last time i cheked which was august 2010

Company name: HFO SERVICES LTD

Account type: Credit card / Store card

Started: 12/11/2002

Default Balance : £1,128

Current Balance : £1,151

Defaulted On : 08/11/2005

File Updated for the Period to: 15/08/2010

 

 

On 15/08/2010 current balance according to experian was £1,151 and now its £1,900.59. I cannot remember exactly when is the last time i paid to barclays but i think it was before it defaulted.

 

I will ring barclaycard to find out when debt was sold to HFO and date i last paid.

 

Should i be worried over this? I can also remember last august when i cancelled my trial membership with experian this guy gave me number to contact to ask for settlement. No one answered on the number i was given by experian. I did want to settle the account.

 

What is next step i should take? Guys i need your advice please help me out.

 

Thanks

[dx100uk]

typical HFO

almost sb'ed try their luck.

 

i'm sure the HFO fanclub will all join you soon here

 

but your first step is the correct one though.

 

dx

[Delta-Charlie-76]

Hi and welcome to CAG.

 

When did you take this account out?

 

If its a credit card you will need to send them a CCA request, the template letter for this can be found in the Debt Collection Library, you will need to send it recorded delivery and do not sign letter. You give them 12 + 2 working days to comply with your request then you send them the 'account in dispute' letter, again found in the library and send recorded and unsigned (print name).

 

When was the last payment on this account.

 

If they phone, refuse to go through security and state clearly to them 'communication in writing' then put the phone down.

 

They may at some point in the very near future send you something like what I would describe as a report on your Credt file, they did it to me.

[DonkeyB]

Find out from Barclaycard when the last payment was made. Also ask to whom and exactly when the account was sold.

 

Then let us know!

[coledog]

Hi and welcome

 

Yet another BC account where HFO have sat on it for years before doing anything. Never speak to HFO on the phone, keep everything in writing only.

 

Find out what you can from Barclaycard - lasy payment date, who to and when this was sold.

[DonkeyB]

The assignment notice (well, sort of - it's the only notice you have) is wrong. Barclaycard did not sell it to HFO Capital (Ireland) as they will claim, but to another HFO Capital based in Cayman Islands. The Irish version bought these accounts, possibly illegally, from the Cayman company in January 2008.

[Delta-Charlie-76]

And still the OFT sit on their hands!!!

 

It is just beyond me how this company still operates legal or otherwise, to my knowledge their CCL is still pending, still begs the question how they can operate without a current CCL.

 

The OP may wish to make a complaint to the OFT too, just my thoughts.

 

Sorry good evening coledog & DonkeyB

[broken arrow]

James Waldron, OFT,Fleet Bank House, 2-6 Salisbury Square, London, EC4 8JX.

Barclaycard tel No 0844556 0066

[ronaldo9_r9]

Thanks guys for quick replies. I am not sure when i took barclaycard i think it was around 2000 or 2001. I have to find papers or anything to do with barclays. I was given this number by experian to contact HFO HFO +44 845 606 1573 last year when i checked my report.

 

What exactly am i asking barclays? I dont even remember my barclaycard account number. HFO have given this account number and case number but i am not sure that account number belongs to barclayscard.

 

I have taken a day off to ring barclays to find out details.

[broken arrow]

Thanks guys for quick replies. I am not sure when i took barclaycard i think it was around 2000 or 2001. I have to find papers or anything to do with barclays. I was given this number by experian to contact HFO HFO +44 845 606 1573 last year when i checked my report.

 

What exactly am i asking barclays? I dont even remember my barclaycard account number. HFO have given this account number and case number but i am not sure that account number belongs to barclayscard.

 

I have taken a day off to ring barclays to find out details.

 

Are you in the UK?

[ronaldo9_r9]

Are you in the UK?

 

Yes i am.

[ronaldo9_r9]

I rang barclaycard today to get information about my account this is what they told me

 

Balance when it defaulted: £1151.26

28 sept 2005: Date when account was defaulted

12 november 2002 :When account was opened

17 feb 2005 : Date of last payment and amount £40.

 

How long does it be when account is declared Stat barred? What are my next steps. Should i contact HFO and ask for information they hold on me?

[DonkeyB]

Well, Barclaycard took seven months to default you, which is tough luck for HFO.

 

The account became SB on or around 17 March 2011.

 

You are now safe to send the SB letter to the Wimbledon morons. They have messed up again by working from the default date, and by sitting on the account for years without doing anything.

 

I bet they will respond and claim that as they have constantly been trying to contact you (which they haven’t), it is not SB, but you can deal with that when they are stupid enough to put their heads above the parapet.

[dx100uk]

sb on 15th feb 2011 then

 

dx

[DonkeyB]

You should also be complaining to Barclaycard and Experian about the late recording of the default. It should certainly have been done within six months, preferably three. Seven months is unfair.

[DonkeyB]

sb on 15th feb 2011 then

 

dx

 

Sixth anniversary of first missed payment, dx, not the last payment! But still SB.

[the_shadow]

Sixth anniversary of first missed payment, dx, not the last payment! But still SB.

 

Opinions are like XXXholes... everybody has one

 

I would personally say cause of action is when Barclaycard can take you to court which according to most of their t&c is 3 missed payments.. so I'd go for May

 

S.

[DonkeyB]

Chances of HFO coming up with T&Cs depends on whether their John Bull/Blue Peter self-creating printing kit is working.

 

Surely the T&Cs are not relevant to the limitations act?

[the_shadow]

Chances of HFO coming up with T&Cs depends on whether their John Bull/Blue Peter self-creating printing kit is working.

 

Surely the T&Cs are not relevant to the limitations act?

 

If the t&c state that they cant take you to court until 3 missed payments have passed then thats when the cause of action starts, as until then they cant take you to court legally and hence have no cause of action. But yes they would have to find the t&c to back this up

 

S.

[ronaldo9_r9]

Thanks guys for confirming this. I asked the lady when i spoke to barclays to send me all the information they hold on me. She said i have to contact HFO for that because they are legally dealing with it.

 

I will send SB letter but where can i download that do you have a template or something here?

 

I have found some barclays card statements and i noticed that i was paying for PPI. Can i claim that back?

[DonkeyB]

Sorry Shadow, what I meant was that surely the Barclaycard T&Cs canot override the Limitations Act?

 

For example, here’s Section Six, Part 3:

 

Where a demand in writing for repayment of the debt under a contract of loan to which this section applies is made by or on behalf of the creditor (or, where there are joint creditors, by or on behalf of any one of them) section 5 of this Act shall thereupon apply as if the cause of action to recover the debt had accrued on the date on which the demand was made.

 

So would it be wise to find out when Barclaycard issued a default notice? Because if a DN was issued within three months of the last payment, that overrides their T&Cs as according to this section it is a demand and becomes the cause of action?

 

Hope that makes sense!

[DonkeyB]

Given shadow’s points above ronaldo, maybe sit back and see what HFO do next. HFO are panicking a lot at the moment because they have hundreds of cases like yours, all approaching or even past SB.

 

If you want to respond, perhaps start with a ‘prove it’ letter or a CCA request if necessary. This will take you through to May in all probablity, and HFO cannot enforce while in default of a valid CCA request. A CCA request in no way acknowledges the debt.

 

HFO claim that by writing to you this stops the SB clock, which is plain nonsense.

[DonkeyB]

You can reclaim PPI only if it was missold.

[ronaldo9_r9]

Given shadow’s points above ronaldo, maybe sit back and see what HFO do next. HFO are panicking a lot at the moment because they have hundreds of cases like yours, all approaching or even past SB.

 

If you want to respond, perhaps start with a ‘prove it’ letter or a CCA request if necessary. This will take you through to May in all probablity, and HFO cannot enforce while in default of a valid CCA request. A CCA request in no way acknowledges the debt.

 

HFO claim that by writing to you this stops the SB clock, which is plain nonsense.

 

Thanks DonkeyB for reply and all other members. I am newbie here can you point me to letters like Prove it or CCA request. Do you have a template that which i can use?

[DonkeyB]

Personally I’d wait for advice from a few more members of the HFO fan club before you decide what to do. My favourite would be the CCA request to HFO. There is a template in the template library, but you need to adapt it to your circumstances.