Trying not to panic HFO Barclaycard

[is there light]

Thanks for that, know i keep repeating myself but you are all sooooooooooooooo helpful.

 

Means so much that people give up their time to help!

[is there light]

Morning all,

 

I have sent HFO SAR and today they have written to me and returned my postal order.

 

Their letter says- SAR we acknowlegde safe receipt of your letter and note contents.

Please find enlosed our application and upon receipt with the relevant identification, we will then forward the information requested.

 

They want either Paspport, Birth certificate, driving licence or recent utility bill.

 

On the last page there is a space for my signature.

 

Should i fill this form in and return it? Strange how they can threaten me then want ID!

 

As always any help and guidance greatfully accepted x

[sillygirl1]

Very much against OFT rules, so COMPLAIN COMPLAIN COMPLAIN

 

A utility bill is the least offensive thing, it won't give them your signature....

 

I would also wait to see what the others say.

[is there light]

Ok thanks silly girl, perhaps i should send them my old school reports!

[DonkeyB]

Delaying tactic. Simply write back pointing out that they are happy to send you menacing letters, so they must be certain already that it us you.

[DonkeyB]

... and the clock is now ticking.

[is there light]

Ok, should i re-send postal order and SAR request?

[dx100uk]

i leeched this from somewhere:

 

Select committee on Trade and Industry minutes of evidence

(1996 Legislative working party)

2. The working party looked at the legal issues regarding the terms document, writing, signature, instrument, and records of transactions and originality. The Government's current proposed legislation focuses particularly upon the issue of signature. The working party considered the leading case in English law on signature methods, Goodman -v- J Eban Limited. That decision established that:

2.1 mechanical signatures using rubber stamps, printing or typewriting were valid in english law;

2.2 a signature can be by a mark rather than a name as long as evidence can be given to indentify the placer of the mark and the intention to sign; and

2.3 words other than a name can amount to a signature if the necessary intention to sign can be proven

Now although this working party was looking into the Electronics Commerce Bill it points to . .

Goodman v J Eban Ltd (1954)

A solicitor signed a solicitors bill with a rubber stamp which contained the name of the law firm. In the judgment it was determined that the rubber stamp was a valid signature, even theough the Solicitors Act of 1932 required a solicitors bill to be signed; it was established that it is enough to demonstrate that the rubber stamp was affixed by the solicitor with the intention to sign the solicitor's bill.

So now taking the highlights above I go to:

Interpretations act 1978

Schedule 1

1973 c.37.

"Writing" includes typing, lithograpgy, photography or other modes of representing or reproducing words in a visible form and expressions refering to writing can be construed accordingly

 

 

dx

[is there light]

Hi, im trying to compose a letter to HFO do they actually have a right to ask me for ID? Will post letter up when finished and see what you guys think!

[is there light]

I ACKNOWLEDGE NO DEBT TO YOUR COMPANY

 

Dear Sir/Madam,

 

Please find enclosed PO for SUBJECT ACCESS REQUEST. ( SECONDREQUEST)

 

Further to your letter dated 18th May 2011, requiring meto give you my personal information and identity documentation: Ihave the right to have access to any data you hold on me under theData Protection Act 1998, please note that up to now you have beenhappy to send correspondence containing extremely sensitive privateinformation to my address without prior identity verification. I have to ask if you are concerned that you are sending correspondence to the wrong person why it has taken you so long toraise this?

 

I have written to you previously to request a CCA , following yourfailure to reply I have written to you again to put the allegedAccount in Dispute as I still have had no response.

 

I have contacted the relevant organisations with copies of yourletters to complain about your threatening and most unprofessionalletters, underhand tactics and inability to comply with the aboverequests.

 

Yours sincerely

[is there light]

Any advice on sending the above letter anything i should add or change? For some reason some words have no spaces will ob change this when sending letter any thoughts.

 

Thanks

[slick132]

Hi ITL,

 

Yes, send the letter but add to the first paragraph slightly:-

 

Please find enclosed Postal Order for £10 in relation to my Subject access request dated xxth May 2011.

 

8)

[is there light]

Hi Slick, thanks for that will ammend and send back!

[sir_gilmour]

Hi

Welcome to The Consumer Action Group.

 

 

I am just letting you know that as you haven't had any replies to your post yet, it might be better if you post your message again in an appropriate sub-forum. You will get lots of help there.

 

Also take some time to read around the forum and get used to the layout. It is a big forum and takes a lot of getting used to.

 

 

Once you start to find your way, you will soon realise that it is fairly easy to get round and to get the help you need.

 

It can be bit confusing at first.

[is there light]

Hi! my last payment to BC was 21st June 2005 so my 6 years are up, although i understand it takes a bit longer to be SB.

 

I havent heard anything from HFO for 2 months ( touch wood!) should i be worried????? When does the debt become SB???

 

Thanks for any help x

[sillygirl1]

Why do you understand that it takes longer for the debt to be SB. Once the 'cause of action leading to a default' has happened it is clear in law that this is a day after the missed payment.... don't fall for the 'communication' line or the 'we spoke to you on the phone' line as neither are LAW - the 'cause of action' IS LAW. Therefore your alleged debt IS statute barred. End of.

[is there light]

I thought that it took until after you missed a payment and recieved a default notice that the debt became SB?

[sillygirl1]

Nope, it is clear in law (can't remember the exact case but I know it exists) that it is the CAUSE (ie the missed payment) rather than the default (because some companies cannot be bothered to issue a default, and when they do the default notices are often defective. This is a myth which has been put about by DCAs to confuse people.

 

The missed payment is the cause of the action which made the account go into a default status. According to the OFT the default notice should be issued 3 - 6 months after the last payment, no later, we have had cases where the default date has been altered when the debt has been passed onto debt collectors or sold on 3 years later.... even 6 years in some cases.

[is there light]

Ok, so not being thick can the beloved HFO still try and take me to court? Aswe know they dont play be the rules.

Thanks for your replies silly girl x

[sillygirl1]

No, they can't take you to court, and if they do the statute barring is an Absolute defence, meaning that they will be in big trouble (they are already as the OFT are Minded to Revoke their licence).

 

In fact you MUST report their letters to the OFT - http://www.consumerdirect.gov.uk and to Trading Standards http://www.tradingstandards.gov.uk

 

Perhaps you could click on my star and give me a reputation comment...

[slick132]

Hi Peeps,

 

The debt will surely be SB'd from when the a/c went into arrears. And of course it has nothing to do with a Default Notice, as SG says.

 

In this case, it's not necessarily from the date of the last payment. It's from when the next payment was due, but not made.

 

Therefore, if the a/c was being paid regularly up to 21st June, I would expect the SB date to be the day after the next payment due date.

 

However, if the a/c was already in arrears and you simply made no payments beyond 21st June, 22nd June will be the SB date.

 

Perhaps you can let us know.

[is there light]

Hi all, well after a period of silence from HFO i have today recieved a letter from them with a copy of my barclaycard application form with my signature on and 3 pages of statements the first

 

dated 9th June 2005 with no payment paid then another statement dated 11th July 2005 with a payment i made 21st June 2005 for £100.00 then a statement for 9th August 2005 it says on

 

the bottom your account is seriously overdue your card has been withdrawn. You must pay £1255.25 immediately followed by a further payment of £103.75 to reach us by 09th September 2005.

 

Where do i go from here? I have paid nothing since 21st June 2005, as always any help gratefully recieved xx

[is there light]

just another question after trawling through all threads on HFO can a copy of my application form for a barclaycard be used in their defence?

[sillygirl1]

An application form is just that, an application form, it is not an agreement as in Carey v HSBC (or at least that is my understanding), so if that is all they have on you then it is game over. An application form on its own is NOT an enforceable agreement.

[coledog]

It looks like this is definitely Statute barred anyway if no payment made since June 2005. Have you sent them the SB letter?