HFO Again!

[chunky500]

Hi - I've been reading threads from this site to help us in relation to HFO. They have been contacting us for a debt from Welcome finance. I have made a complaint about them already to OFT and I have sent a SAR to Welcome. There is nothing on our credit report from experian about this debt at all - HFO sent through an ecredit credit report with a default listed in 2006 but I think experian are the better credit report? We have not received the stuff back from Welcome yet but on the phone they said the last payment date was March 2004 (HFO say March 2005) Welcome said they sold it to Roxborough in May 2006. Either way this would make the debt statute barred. Hfo said they contacted us in 2006 and we agreed to pay but didn't pay anything (a solicitor we spoke to said this doesn't matter as it has to be in writing). They have now sent through their next letter 'schedule of litigation' - should we now send the statute barred letter or wait to receive all the information from Welcome? Or wait for them to actually take us to court? HFO have sent through a credit agreement but this still doesn't show what was paid off etc. They have refused to send a statement of the account or deed of assignment. They said they sent notice of assignment in 2006 and will now only produce anything in court but we don't have any of the paperwork from 2006.

[maroondevo52]

Hello and Welcome,

 

I've moved this thread to the appropriate Forum.

 

Regards.

 

Scott.

[chunky500]

Thank you just realised when I logged back on that it was in the wrong place.

[brokebutnotbeatn]

SB letter then IGNORE.

[coledog]

Hi

 

Do you know exactly when the last payment was made on this? A debt is SB 6 years after the last 'cause of action' i.e. missed payment (generally one month after last payment) or written acknowledgement of actually owing this (5 years if you reside in Scotland).. HFO will tell you this is affected by them contacting you, which is rubbish - they will try and tell you anything. If you are certain of your dates and facts, send the SB letter and report any further contact to Consumer Direct and OFT. In fact report them anyway as they are obviously harassing you.

 

It may be worth ringing Welcome to get more information if they have not responded fully to your SAR. get everything they say in writing or record the call.

 

Have you challenged the credit agreement? If you are not certain about SB, it is worth doing this and you can post it up for others to look at. Also, there are issues about the ownership of these accounts by HFO and their insistence on claiming interest.

 

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

 

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

 

AND NEVER speak to HFO on the phone unless you can record it - say 'in writing only' and hang up

[chunky500]

Thanks for the advice - I'm going to double check with Welcome the last payment date. Welcome finance never seemed to chase for this debt - which is strange as they can be quite an aggressive company aswell. I have already complained to the OFT but will complain to consumer direct too (anything to annoy HFO). Welcome have acknowledged they have received the SAR request so we are just waiting to hear back from them. HFO add charges on to their letters all the time and the amount they say we owe is far more than we ever borrowed (a few thousand more!!!!). I find HFO a ridiculous company but just want to ensure we don't have to end up paying them.

[broken arrow]

following

[chunky500]

Right, well Welcome Finance say definitely 2004 so HFO lied about the date as well. I'm going to send the statute barred letter and see what happens. Also have issues with Welcome finance so am looking forward to receiving the info from them. Thanks for the replies. Any other advice is gratefully received - this website has proved very useful - thank-you.

[broken arrow]

Can you get Welcome to confirm the account was sold to Roxburghe in writing.

[chunky500]

Welcome say they sold it to Roxburghe in May 2006 HFO said they were assigned the debt in October 2006 - does this make a difference to HFO's claim? Are companies allowed to sell the debt on again? I can ask Welcome to write and confirm this.

[broken arrow]

HFO and Roxburge are different companies, then you have HFO Capital Cayman, HFO Capital Dublin and then HFO Services all legally separate companies.

[broken arrow]

HFO and Roxburge are different companies, then you have HFO Capital Cayman, HFO Capital Dublin and then HFO Services all legally separate companies.

All part of the same group (Concillian) but legally separate companies.

[broken arrow]

Then you have Turnbull Rutherford, their sols who run HFO Services.

[DonkeyB]

I love this one. HFO and Mr Bingo Turnbull are on a suicide mission.

[chunky500]

Actually the people who contact us are HFO services (didn't realise they were different to HFO) so is it ok for Roxburghe to sell the debt on to HFO services?

[broken arrow]

Actually the people who contact us are HFO services (didn't realise they were different to HFO) so is it ok for Roxburghe to sell the debt on to HFO services?

Yes its OK, if they inform you of any further assignment, but I doubt they have sold it on, HFO Services do all the chasing.

Try and get Welcome to confirm in writing it was sold to Roxburghe.

[DonkeyB]

HFO Capital Ireland has just filed a change of registered address. Let's see if they remember to tell people or if the old address keeps popping up.

 

Registered Address:

22 BRIDGE STREET

RINGSEND

DUBLIN 4

 

And Ringsend will be quivering when the OFT gets hold of Mr Bingo and his chums...

[chunky500]

Welcome now won't talk to us about who they sold it to as they say it is no longer with them so will just have to wait for the info to come from the SAR. However might try and ring again later as some of the people at Welcome are more helpful than others it depends who answers the phone. Looked back at the HFO letters and they quite clearly state they were sold the debt in October - however I am a bit suspicious that they won't send us another copy of the notice of assignment (they say the sent one in 2006). Shall I still send the SB letter?

[sillygirl1]

They won't have the original Notice of Assignment as they don't issue them out - simple.... we have had this time and time again, and a Reminder Notice of Assignment is as good as a chocolate teapot in legal terms.

[chunky500]

Good

[chunky500]

Ok - got some bits through from Welcome from the SARs request - they sent us a copy of two loan agreements which had been paid. They did not send a copy of the loan that HFO are chasing us for (HFO do have a copy of this and have sent it to us). They also sent a computer print out of times when they had been round - what has been said on the phone etc. This does confirm last payment was in 2004. They said in their letter they will send a full statement of the accounts shortly. They have not sent any information regarding the debt being sold or who to. They do have this information as someone spoke to us on the phone about it the other day. With a SAR aren't they supposed to send all the information they have about you?

 

Anyway I am happy about the last payment date - does it matter at all that HFO contacted us in 2006 and also that we didn't tell them when we moved?

 

There are still lots of things I don't understand about this loan they say we owe - some of it doesn't add up and I need to look at what they sent us more closely tonight.

[DonkeyB]

Forget the ‘contact’ in 2006. You did not acknowledge the debt in writing. They can whistle.

[coledog]

Yes - whistle Dixie

[chunky500]

ok I look forward to hearing them whistling

[chunky500]

Just an update on the lovely HFO - sent the statute barred letter which according to royal mail they received today. They rang about an hour ago saying they were ringing about a legal matter and they were putting a charging order on my property (didn't say they were ringing from HFO or any security questions just said hello). I replied ok and hung up. What is the deal with them ringing after receiving a statute barred letter? Are they stupid enough to continue court action after a statue barred letter? Has there been cases of HFO doing that?