Barclaycard Debt HFO Letter this morning.

[coledog]

no there is no problem in contacting them at all. You can only stop the SB by making a payment against it or sending a written acknowledgement

[Alfy]

also if i go for a SB will this effect me from obtaining a morgatge in the future? as i mentioned earlier even tho my credit report is clean as the BC default has been on for 6 years and gone now, but will me doing sb HINDER MY CHANCES OF OBTAINING CREDIT IN THE FUTURE.

[coledog]

Not not at all - once it is gone from your credit file, it is gone. You need to declare it SB to stop anyone pursuing this but you need to make sure that it is SB, just to be on the safe side and to fight off HFO who will try and say it is not

[Alfy]

ok just going to the bank now wish me good luck. If i can get through this i will for sure make a donation to your cause, i would be lost with out you guys.

[Alfy]

Hi

Just got back from the bank, The gentleman at the desk was very helpful indeed. he phoned a few numbers and eventually got through to the right department after verifying my ID. It appears that the debt was indeed sold to HFO Capital in March 2007. I also enquired about the date of when a last payment was made on the card. For this I was given the date of March 2005. So according to me 6 years were completed in March 2011, meaning HFO are about a month late. Thats if im right in my understanding of the situation. Only thing Im worried about is i only have this paper jotted on a scrap piece of paper, hence not very official if needed in the future to defend SB against HFO.

 

Ok Guys, I need your help now, what should be my next plan of action? i know in the earlier posts you guys mentioned sending a SB to HFO. Please someone explain what I should do next kindly

With Love

Alf

[FORMISTER]

Sounds like your home and dry just about. Doesn't matter that you only have it on a piece of paper, it's now up to HFO to prove otherwise, which they can't. You could easily obtain the info in black and white through a SAR but why waste the £10?

[Alfy]

so shall i now send the SB letter to HFO or not? also do I need to do anything else or send anything else to anyone?

[FORMISTER]

The debt is statute barred from 6 years after the last payment was made, so yes you can send the letter (rememeber to keep proof of posting). Nothing else needs to be done regarding this debt, it is gone from your record, it is no longer enforceable and will cause you no more problems.

 

Congratulations, I love it when HFO lose money.

[DonkeyB]

Hold fire for a while. From another thread, it could be still a few days to go or maybe a couple of months. Don’t send SB letter just yet, IMO.

 

Maybe a CCA request to keep them busy for a month or more? This is in no way acknowledgment of the debt.

[DonkeyB]

The debt is statute barred from 6 years after the last payment was made, so yes you can send the letter (rememeber to keep proof of posting). Nothing else needs to be done regarding this debt, it is gone from your record, it is no longer enforceable and will cause you no more problems.

 

Congratulations, I love it when HFO lose money.

 

No, not from the last payment, but from the cause of action. This can be anything from one month to three months after the six year anniversary of the last payment. It will be at least six years from the time the first payment was missed, ie. six years and one month.

 

Shadow tells us that many Barclaycard T&Cs have clauses which may – repeat, may – mean an extra two months is required till the ‘cause of action’ mentioned in the Limitations Act is reached, so six years and three months in all. This is all open to debate, but as you haven’t even had the 72 hour litigation letter yet, I’d wait a while.

[Alfy]

Ok Guys, getting confused now as to what i should do? shall I send it or wait? im will ing to wait a few months, but do you think i should do nothing and just wait or send a cca reuest, im worried if i send that=, and what if they provide the documents i request, would i be stuffed then?

[DonkeyB]

Personally I’d wait for their next letter, probably the 72 hr version.

[Alfy]

and when i recieve the 72 hour letter then i should send the CCA request?

[FORMISTER]

Yes DB, you are right. It isn't as cut and dry as it sounds, sorry Alfy jumped the gun slightly, you may be stat barred, or you could be a month or so off. But by the time you play a few cat and mouse games with HFO you should be ok.

 

As DB mentions, you will receive a 72 hours until litigation letter, when you receive this then send the CCA request. It will probably take the best part of a month to receive the results (which will probably see you sent a debatably unenforcable agreement anyway).

 

It is best to wait to make sure, there is nothing that they can do in the mean time, they have to demonstrate that they have tried to resolve this issue before starting legal action and they shouldn't do this while you are waiting for your CCA request

 

It may be worth a SAR to Barclaycard as well as you will have the date in black and white and by the sounds of it there could be unlawful charges you could claim back

[Alfy]

ok thanks guys will do a sar to barclaycard and just sit tight in regards to the bar-stewards HFO.

 

once again thank you guys

i love you.

[the_shadow]

Alfy I think youre getting good advice here..... I think the SAR to Barclaycard NOW is a good idea and can also be used as a stalling tactic along with s77/s78 request when they write again. They cant initiate legal action without giving you prior warning unless they want their behinds smacked on the costs issue so slowly slowly catchy monkey time I feel.

 

S.

[Alfy]

ok cheers guys, Shadow, im assuming the s77/s78 is whats reffered to a CCA in the prevcious post by you guys?

[the_shadow]

ok cheers guys, Shadow, im assuming the s77/s78 is whats reffered to a CCA in the prevcious post by you guys?

 

CCA is Consumer Credit Act, s77/s78 are requests made under sections of the CCA to see information pertaining to the loan/credit card agreement entered into, so basically yes

 

S.

[Alfy]

Can someone please post the links to where I can get templates for the CCA and SAR. Also which address do I need to post the SAR for Barclaycard?

Thanks

Alf

[coledog]

CCA Request

 

CCA letter to send with a £1 postal order by recorded delivery, do not sign. They have 12 plus 2 working days to reply. If nothing valid is received you can send a letter to put the account in dispute and this should stop them contacting you.

 

http://www.consumeractiongroup.co.uk/forum/content.php?414-CCA-request-letter

 

Account in Dispute letter to send after 12 plus 2 working days

 

http://www.consumeractiongroup.co.uk/forum/content.php?436-Failure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale

 

 

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. address is in the template

Standard SAR.doc

[broken arrow]

sub bing to help out if required, you are in good hands.

[FORMISTER]

I sent my SAR to :

 

BARCLAYCARD

Data Protection Team

Dept LRC

Northampton

NN4 7SG

[Alfy]

HI

I recived another letter from HFO this morning, its states that they have tried to contact me several times, which is false as ive only ever recieved one letter from them befpore this one. furthermore it states i have 3 days to intiate payment as the debt is now due for immediate payment. after 3 days the account will be escalated to legal desk for legal action against me for the total balance and court costs and solicitor fees.

 

further more it states my dossier indicates that i can make contributions towards this debt, how do they know this and what do they mean by dossier. also says once they have a judgement against me they will seek to enforce their judgement by way of a warrant of execution. court bailiffs will vist my house to obtain my assets which i have none anyway, but still worrying to have bailiffs at my door. or hfo may also instruct solicitors to secure an order to obtain information against me. then last paragraph says that he woishes to avoid such an outcome and also for mew to avoid all these extra expenses. the ********. then his name is signed underneath. also attached to this letter is about 8 pages of printed jargon about baillifs and court proceedings. i think they have just been printed of the HMCS website.

 

write guys as instructed by you previously i have sent my SAR request to barclaycard about a 7 to 10 days ago. now that i have recieved this from these bar stewards shall i send them the CCA? Also shall i put the name of the person on this letter on the envelope so it goes directly to him or just the name of the company on the envelope. also from what i have written is this a standard sort of letter? as it is very intimidating and i feel like **** again.

 

 

thanks guys look forward to your reply.

Alf

[coledog]

Normal threatogram and untrue, they cannot take any of those actions without obtaining a court judgement and you defaulting on a payment, and you are a long way from that.

 

Send the CCA request to the West Byfleet address, the name is probably someone in India. Send recorded and no not sign. Have you kept the envelope for this letter? Do so if you can, it was probably posted in SW19.

 

report this to TS and OFT and send a copy, try not to worry, the object is to get you to phone, so don't. They have no right to threaten you or refer to your personal data or access it.

 

 

Trading Standards via http://www.consumerdirect.gov.uk/contact

 

OFT http://www.oft.gov.uk/ for the attention of James Waldron

 

 

Really HFO, you never learn.

[Alfy]

what shall i write to TS OFT?