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HFO and CRA


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Well Im gonna draft up a letter and so far I have this:

 

Thank you for contacting myself and sending me copies of statements (that i did not ask for).

 

Unfortunately this does not prove to myself that I personally owe the debt only proves that some one owes this debt to Barclaycard (quite considerably less than you have quoted).

 

I am now giving you notice that I require proof that I Signed to this account when it first opened and would like this within 7 days of the date of this letter.

 

Should I not receive a response within this time frame I consider this matter to be closed.

 

Anything outside this time frame or any demands for monies you claim is owed I will pursue this matter I am familiar with the CPUTR 2008 and the Office of Fair Trading's Guidance on debt collection, which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

 

I would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. AND in not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

 

 

Is there anything else I should put?

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Don' forget make it a FORMAL COMPLAINT .

The rest looks fine to me.

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Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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I will mark it as a complain to HFO and send a copy to barclaycard. What makes me laugh they only have statements from July 2005 whats happened to prior that.

 

I am dont understand why they sent me statements with just that?

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Lost the plot I fancy,and tied themselves up in knots.

Good idea same letter to both just change the address.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

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Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Before I post I have made a claim thru my legal protection on my home insurance I feel I need to run it by them as well as much as every one here has been a big help I need to see if I can also pursue these guys in anyway for this!

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:smile:Please let us know how you get on.

 

GOOD LUCK

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

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Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Great apart from th last paragraph as much as I love it does not do anything to reinforce your case:madgrin::madgrin:

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Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Hi it's good

to take the p*ss but some times it will just make the idiots you are writing to more bl**dy minded

as their tiny brains cannot take it:!::der:

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

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Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Just an update. The help I was after from my home insurance I am not covered for ID theft... So I am going to wait and see what I next get (if anything) from HFO. I gave them 7 days from a letter I posted on the 23rd so will wait until 1st June (taking account post and bank hols) then their time is up. I will then write to the OFT and complain (been busy with work not to this week) and send them copies of what they sent to me last and what I have sent to them along with the CRA updates!

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I would inform equifax that an inaccurate default notice posted by a creditor or debt collector on your credit file is libel and as they are posted via equifax, then they too are committing libel by showing it to other potential creditors etc. So put it politely to equifax, to remove it or face court along with HFO for libel.

Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (CAG),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

 

By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

 

If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phinishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

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  • 3 weeks later...

After nearly a month without hearing a single thing from HFO they have sent me a very tatty application form... In terms of small print it is very small not even a magnifying glass will be able to read this.... It has a previous address on it and security questions I wouldnt know along with a signature that is so feint your cant even make it out!

 

I sent a letter on 23rd of May stating I need proof within 7 days and they never responded until 16th June

 

They sent me a covering letter which says:

 

This letter is regarding your case which is being dealt with by HFO Services. A letter from your Account Manager is attached for your attention.

 

Please contact your Account Manager directly if you have any concerns or queries.

 

We look forward to hearing from you.

 

The thing is I have 3 sheets of paper, 1 their covering letter (as above). 1 attached to the application form detailed application form request, and 1 is the application form!

 

So what do I do now??

 

I was in the middle of complaining to the OFT in writing before this came thru my door!

Edited by IllMakeYouFamous
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Can you redact your docs and post them up? Then we’ll help draft a suitably curt response. No T&Cs supplied? If it’s illegible, that is a complete defence. These laws have not changed. It’s their response and they’ll have to stand by it.

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That’s too small, but also it’s got your info on it.

 

Perhaps open an account with photobucket?

 

Alternatively, I’d be happy to redact and post for you – you can send to me by PM, but it’s up to you. I’d rather be open about it than ask you by PM, so the site team now’s what I’m suggesting. Another alternative is to PM it to a member of the site team.

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I have taken a template from another forum and have adapted it a bit for my case...

 

Thank you for your letter of 16th June 2011, the contents of which are noted.

 

I am disputing this account as I have never had this account with Barclaycard. As such, therefore, I consider this account to be in dispute and no further action should be taken by yourselves until this matter is resolved.As per OFT guidelines Section 2.8k "not ceasing collection activity whilst investigating a reasonably queried or disputed debt."

 

I would respectfully suggest that this account is returned to the original creditor for resolution of this dispute as HFO Services cannot lawfully pursue any enforcement activities.

 

If HFO Services chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

 

After taking advice, I am of the opinion that any continued pursuit is in violation of the CPUTR 2008 and the Office of Fair Trading's guidance on debt collection. I need to remind you that this states that it is unfair to send demands for payment to an individual when it is uncertain they are the debtor in question.

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

this paragrph: I would respectfully suggest that this account is returned to the original creditor for resolution of this dispute as HFO Services cannot lawfully pursue any enforcement activities.

 

I am struggling with that as I have not done cca request as I feel its ID Theft it doesnt apply to me.

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The problem with that paragraph is that they can’t return it – they have bought it. However, if there is suspicion of fraud, Barclaycard should recall the sale.

 

See this:

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?309439-HFO-in-The-Daily-Mail-Wed-15th-June-2011

 

 

I saw that...

 

Ok... Donkey I cant seem to get the photo over to you by PM... but will look into photobucket and see if I can clear out any personal details that may be shown and will repost to you... Unless you know a way round?

 

Well from what you are saying I feel I need to send a letter to 1 HFO putting account into some sort of dispute. 2. 1 to barclaycard and 3. to OFT, ICO etc.

 

The other thing I should point out from the statements they sent me (looks like computer typed). The last payment was 22nd July 2005 even tho this debt is not mine should it get past this date they legally can not chase for this money?

 

I'm off out now as need to get to Selhurst Park! be back in a while!

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