Help needed with HFO Services Ltd

[Loolabelle]

I'm really interested in this thread as i'm having EXACTLY the same problem, my original debt was £900 or thereabouts definatley not over £1000, i have now recieved 2 letters stating i owe them £1522.67, the first letter stated their 'current interest rate of 12%', i can afford to pay the first amount off monthly over 12 months, however i'm loathed to pay the £1522.64, also as i've been reading some pretty horrific things about this company should i trust them to take off the amount i want to pay each month?? should i set up a direct debit, what is the best way to pay them?? should i phone them or send the letter asking them to prove what i owe firstly....... it's a bit of a minefield all of this but any advice would be greatly appreciated, sorry for jumping on your bandwagon 'enjoycoca', i'm brand new to this and i have no idea what i'm doing, plus it looks like your getting some sound advice

[maroondevo52]

Hello and Welcome, Loolabelle.

 

I've started a new thread for you.

 

Regards.

 

Scott.

[Tingy]

The first thing to do is send a prove it letter to ensure they are entitled to be collecting the debt. If you do need to pay them money write and ask them to stop all charges and interest and offer an amount you can both afford and sustain long term - you may find it helpful to fill in an Income and Expenditure sheet for yourself in order to help you do this.

 

DO NOT set up a direct debit as you give them the entitlement to take whatever they want. If you want to do it through your bank, ask for their bank details and pay by standing order.

[coledog]

Hi

 

You need to get some more facts about this before offering any kind of payment to them. You need to look at the validity of their right to collect this and apply interest.

 

How old is this debt and who was the original creditor? When did you last make a payment?

 

What exactly have you received from HFO and when?

 

NEVER speak to HFO on the phone, say 'in writing' only and hang up.

[Loolabelle]

Ahh brilliant, thank you, i'm going to send the 'prove it letter' tomorrow, do i send a letter outlining what i think i owe ie: £900 and offer to pay monthly then ask for their bank details and is there a template for such a letter? also is there an available template letter to ask them to stop all charges, it's odd i have to compile letters like this all day in my job and when it comes to something like this i'm lost........... Thank you Tingy for such a swift response

[harrassed senior]

No, do not enter into any 'conversation' about this debt at all. Just send the 'prove it' and await their response then we can discuss your next step when you receive their response, after all I could write and say you owed me £1000, and you would (I hope) certainly want to know how and why I think you owe me!

[Loolabelle]

Hi

 

You need to get some more facts about this before offering any kind of payment to them. You need to look at the validity of their right to collect this and apply interest.

 

How old is this debt and who was the original creditor? When did you last make a payment?

 

What exactly have you received from HFO and when?

 

NEVER speak to HFO on the phone, say 'in writing' only and hang up.

 

Original Creditor was BarclayCard. 1st letter i recieved from HFO was a REMINDER NOTICE OF ASSIGNMENT 30 Mar 2011 asking for £1520.64 stating the current interest rate at 12%, the second letter recieved was a 'bog standard' 'ive been attempting to contact you letter' 6 Apr 2011 asking for £1522.67, the information on my credit report states the Default Balance was: £889, Current Balance: £954, Defaulted on 18/01/2006.

 

Thank you for your help Coledog

[coledog]

DO NOT PAY THEM anything until you have the facts - please read my post above. I am not telling you to avoid repayment but you have to be careful how you deal with this company. There is no point sending the 'prove it' letter and then saying that you owe the money

 

So HFO have sat on this for 5 years and then contacted you? Do you know when you last made a payment on this to Barclaycard and anyone?

 

I think that you need to ring Barclaycard and ask them when the last payment was made and also exactly which company this was sold to and when. Ask for anything they say in writing

 

Barclaycard recoveries 0844 556 0066

 

Rather than send the prove it letter, I would send HFO a CCA request to request a copy of the credit agreement for this. They cannot take action against you if have not properly fulfilled this request and sent an executable agreement. Also they cannot claim interest if they have only just sent a NOA and only if the original credit agreement allows this

 

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

Edited April 11, 2011 by coledog

[Loolabelle]

Agreed!! it wouldn't suprise if they did that sort of thing aswell, from what ive read there have been complaints spanning years regarding HFO, i incredibly surprised the OFT haven't intervened.

[Loolabelle]

Thanks Coledog, there's not really much else to say, they haven't tried to contact me at work or via my mobile, i've just recieved these 2 letters and i want to pay what i owe (albeit a bit late!!!!!!!!!!!) however i'm accutely aware that HFO try to load on the charges, i thought all that business was stopped, so i should send the prove it letter and wait, should i also contact BarclayCard with the £10 postal order asking them to give me there records also? and one other thing do i have to put a £1 postal order in with the prove it letter to HFO?

[coledog]

No - send the CCA request with the £1 postal order to find out if they have a valid agreement to enforce this.This will keep them off your back until you can establish the facts.They will probably just ignore a 'prove it' letter and keep harassing you for full payment.

 

I would not offer any payment until you have established HFO's right to collect this amount. They cannot claim interest if there is not a valid contract and also they have never contacted you before or sent you any annual statements. There are also issues over the ownership of these debts by HFO Companies so you need to know who owns it.

 

I appreciate that you would like to settle this, but this has to be on your terms, not theirs.

 

I would also ring Barclaycard, number below, and ask them to tell you when the last payment was made on this also exactly which company this was sold to and when. Ask them to confirm anything they say in writing

 

.Barclaycard recoveries 0844 556 0066

 

This could very well be close to being Statute Barred when it is 6 years from the last missed payment or written acknowledgement of owing this (5 if you reside in Scotland). This would mean that it would not be enforceable

[Loolabelle]

That's great, ok i'm sending the letter this afternoon and will also call Barclaycard today, i'll post back this evening with my findings!

[Tingy]

Coledog,

 

Sorry, but I disagree. The OP needs to send the Prove It letter first to establish that HFO have any right whatsoever to be collecting this debt. This is always recognised as the first and most sensible way to approach a debt, as if they cannot prove entitlement to collect then you know there is something amiss somewhere. Everywhere recommends doing this first. Once they have proven their right to collect, then send a CCA request. This delays things for longer should it be near being Statute Barred and will achieve a more reliable result. The OP will also find that if they don't respond to her Prove It letter, as you rightly say they may not, any further demands for payment can be easily countered by writing back saying please refer to my Prove It letter dated dd/mm/yyyy and placing the account into dispute until you receive this as it is a perfectly reasonable request to which they are not complying.

 

You can then quote both CPUTR 2008 and the OFT Debt Collection Guidance at them to reinforce what you are saying. The first in particular actualyy makes it an offence carrying a jail sentence of up to two years if they fail to reply.

 

CCA needs to come slightly later. You're correct in saying it needs doing, but seem to be forgetting the power of CPUTR and the OFT guidelines. You could go still further and quote the EU Directives at them, but I'd personally save this for later in case they are awkward.

 

In my opinion definnitely a Prove It letter now, then CCA later.

 

Got to get out to do some work now, so good luck OP whichever you decide.

[coledog]

Loolabelle

 

It is up to you. This is the Prove it letter

 

http://www.consumeractiongroup.co.uk/forum/content.php?428-General-debt-letter-if-you-know-nothing-of-the-debt

 

Just send it as it is, don't add anything about repayment, as you are not acknowledging that you owe this. send recorded delivery and see if they come back with anything

[Loolabelle]

great thank you for your advice, i don't need to add a £1 postal order i take it? sending it at 4:30pm.

 

Thanks Again!

[brokebutnotbeatn]

Hi loolabelle. send just the letter, as written, no payments, recorded delivery (or at the post office get proof of posting. This is free and it is all you need).

[Loolabelle]

Ok, all sent, recorded, signature required, I'll update you when I hear from them again, or wait until the 12 +2 days has passed? Couldn't get through to BC recoveries today but will try tomorrow.

[Loolabelle]

No written communication from HFO as yet, although it's early day's HOWEVER they did leave a message on my landline today, which i find slightly odd as the landline number isn't in my name and i can barely remember to give the number out to family and freinds let alone anywhere else, i prefer to use my mobile.......... if they do call and i do pick it up i shall take the previous advice and ask them to send any communication in writing and put the phone down....

[broken arrow]

No written communication from HFO as yet, although it's early day's HOWEVER they did leave a message on my landline today, which i find slightly odd as the landline number isn't in my name and i can barely remember to give the number out to family and freinds let alone anywhere else, i prefer to use my mobile.......... if they do call and i do pick it up i shall take the previous advice and ask them to send any communication in writing and put the phone down....

 

Yes

[Loolabelle]

Update:

 

It's now 12 days +2 since i posted the 'prove it' letter and i have heard NOTHING!!! is that good or bad?? apart from the one time i recieved a voicemail on my landline i have had NO contact from them whatsoever, Now what do i do??? surely that can't be it?? surely they should of contacted me by now??

[is there light]

Hi Loolabelle, Just a quick reply as im in the same position at the mo with HFO sent my letter same day as you i also havent heard back yet! Have just copied the account in dispute letter- will post tomorrow fingers crossed!

 

Will check back later see what advice has been given etc.

[coledog]

No Loolabelle, you do not send the Account in dispute letter as you have not yet sent a CCA request. Let us know if you receive anything from HFO If they contact you again, send a CCA request

[Loolabelle]

Thanks Coledog, so just to confirm, i don't need to do anything else now until they contact me in writing? then i send the CCA request? as they haven't responded within the 12 + 2 day time scale, what exactly does that mean? i suppose if it did end up going to court then i can prove they haven't contacted me????

[broken arrow]

Have you been in contact with Barclaycard yet, if not you need to ask to who and when the account was sold. Barclaycard No 0844 556 0066

[coledog]

The 12 plus 2 days only applies to a CCA request not the 'prove it' letter. Do keep copies of all correspondence. Anything received from HFO, also keep the envelopes.Send all letters by recorded delivery so that you have proof that they have been received. Yes, it is important to show that you have tried to sort this out. HFO do tend to ignore requests for proof, other than a CCA request.