HFO Services/Barclaycard

[DonkeyB]

More than. Straight to OFT.

[Uppyboy]

Hi,

 

This is my proposed reply and would welcome any comments:

 

 

I refer to your letter dated xxth June 2012 and it’s enclosures. The enclosures clearly illustrate that this account is statute barred under the Limitation Act 1980. You are now sending unfair demands for payment which is causing me and my family distress and you are in contravention of section 40 (1) of the Administration of Justice Act 1970 which states:

 

“Continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment”.

 

Be clear. Roxburghe (UK) Limited AND HFO Services Limited are both pressing and harassing me for an account which has been disputed, CCA requests made that have not been met by either HFO Services Limited OR Roxburghe (UK) Limited and which is statute barred under the Limitation Act 1980.

 

Roxburghe (UK) Limited is legally responsible for the accurate recording of this account with Credit Reference Agencies. On 14th April 2011 HFO Services Limited corresponded with information showing a default date of 1/8/2006. The last payment date on this account is recorded as 4/11/2005 as per your enclosures with your letter dated 12th June 2012. A default needs to be recorded WITHIN 6 months of the last payment date. Clearly this information is incorrect as the furthest it can be recorded is 4th May 2006 and it is the responsibility of Roxburghe (UK) Limited to correct this information within 14 days.

 

I await your written confirmation that the correction to Credit Reference Agencies has been done and that this matter is now closed. I have sent the latest letters from both Roxburghe (UK) Limited and HFO Services Limited to the Office of Fair Trading as additional information relating to my complaint.

[DonkeyB]

Refer to HFO Capital now, rather than HFO Services, but refer to the fact that you were previously dealing with HFO Services. Is the default recorded under HFO Services? If so, you want to know why.

 

You might want to add at the end:

 

“Please also consider this a formal complaint. I require that you send me a copy of your complaints procedure. Please also accept this letter of notice that if you continue to to record this default or to demand money from me, I shall without further notice have the right to seek damages from you in the county court.”

 

Send recorded.

[Uppyboy]

Brilliant, thanks.

[Delta-Charlie-76]

Uppyboy, just be aware that Section 40 of the Administration of Justice Act 1970 has been replaced by the Consumer Protection from Unfair Trading Regulations 2008.

[Uppyboy]

Hi,

 

I received this response from Roxburghe (and their complaints procedure).

 

http://www.redrouteconsulting.com/HFO/Rox%20Response%2009072012.jpg

 

Are they correct in what they say?

[DonkeyB]

She is lying through her teeth. The reference point for SB is not the recorded default date. Copy your correspondence to the OFT ASAP.

[sillygirl1]

I would write back

 

As you admit you are not responsible for this alleged debt I will not be paying you.

 

Goodbye.

[Uppyboy]

So if they pass it to collections what can I do? Assuming the worst they can do is issue court proceedings?

[DonkeyB]

You might as wel invite them to take you to court. For an SB debt? They will be in big trouble.

[the_shadow]

They at the very least are attempting to muddy the water and confuse. The date the debt becomes SB is clear, its the 6th anniversary of the date they become entitled/able to take you to court over this debt. This is usually between the 1st and 3rd missed repayment but it depends on the t&c of the company in question.

 

The only thing that happens 6 years from the default date is it disappears from your credit file.

 

IMHO I'd ignore it, by their own admission/calculations they have a month to issue proceedings. If they issue then the SB argument comes to the fore

 

S.

[broken arrow]

So who is reporting with the CRA,s HFO Services, I hope so......

[broken arrow]

As Danielle states Capital own the debt, not Roxburghe and they don,t update your file, so if HFO Services are updating your file, they don't own the debt either.

[coledog]

You really need to get all the correspondence to OFT. SB is from date of last missed payment or acknowledgement and has nothing to do with Default date, this is clear evidence of trying to mislead people into payments they are not entitled to collect!

[dadofholly]

Hi Bart

 

19.29 on a Sunday evening - you must be bored.

 

I would leave this one be if i was you - or you know who will be on the case

[coledog]

Oh! Evening Bart! Still here??

[BRIGADIER2JCS]

Too wet to go out:madgrin:

[Uppyboy]

Hi Guys,

 

Well the 1/8/12 has been and gone with nothing from either Roxburghe or any flavour of HFO currently. However, this is still on my credit file and I am assuming it should be removed on the 1/8/12 even though it should have been back in June 12.

 

There is no doubt that the help and advice from you guys has got me through this for which I am very thankful.

[bradholmes]

I'd fire off a complaint to the FOS, HFO were completely ignoring all my requests to remove a default that had been on my file for too long, even refusing outright to remove it when I complained to the CRA concerned. Complaint sent to the ombudsman and a month later HFO had apologised, removed the info and scuttled off. They are absolute **** and will do nothing honourable at all unless forced to do so by authority or the serious possibility of legal action. Also, here is the email address of their compliance manager, feel free to bombard it with questions: [email protected]. Though I suspect you will be ignored anyway. Good luck!

 

Edit: If you complain to the FOS be sure to explain clearly why the default on your file now falls under the limitations act and should be removed from your file, include evidence to support your claim as they will ask for it and this saves time (statements showing the date of cause of action for the default etc...). I'd email HFO's compliance manager first though, detail the issue and explain you will be complaining to FOS, ICO and OFT unless they remove the default, complain to the CRA involved too and see if this pressure works.

Edited August 6, 2012 by bradholmes

[the_shadow]

Agree with Brad here, you've given them a grace period to remove the default. They KNOW the rules they just choose to "bend them" fire off a complaint to the ICO as well as the FOS, the ICO govern data protection and credit files but take ages to do anything.... but you/we do need to start advising them of mis-reporting as it shows a lack of accuracy of record keeping or a deliberate attempt to keep pressurizing people to pay when legally they dont have to.

 

S.

[Uppyboy]

Hi,

 

I have complaints in, but nothing ever seems to get done. I keep chasing with no end result really. I have complained to the OFT, FOS and ICO.

[bradholmes]

The FOS can be very slow unfortunately. Here's how it should work: You write to FOS, detail reasons why default should be removed and include supporting evidence. The FOS then forwards details to HFO at which point HFO have 40 days to issue a final response. You are then given the decision of acceptance of their final response or continuing to a further investigation by the ombudsman. If this has not happened you should contact FOS and ask why. Try to get the personal contact details of the person dealing with your case and put the pressure on. The best way to do this is to write to them asking that they contact you via email, that way you have a more direct channel of communication and this can help speed things up. Have you had any response at all to your complaint with FOS?