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Old M&S Store card - HFO claim


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Hi,

 

 

I have been getting quite a few letter recently from HFO regarding an old M&S Account - a store card.

 

 

The card was taken out in the mid to late 1990's, so quite a while ago.

The account has apparently been assigned to HFO by M&S.

 

I requested a copy of the credit agreement and later received a copy of an application form. Nothing else.

 

 

I wrote back and said that this did not comply with section 78 (no terms and conditions etc)

and if they were unable to respond in a satisfactory manner, to inform me in writing.

 

 

No reply whatsoever, but continued to receive their threats.

 

 

I have now received a letter from Turnbull Rutherford giving me 21 days to respond or a court claim will be issued.

That doesn't bother me, it's the usual rubbish these companies come out with and if they do issue a claim, I'll defend it.

 

 

The thing is they have attached a DN and also a notice of assignment headed "M&S Money."

 

 

The NOA states:

"We have assigned your account to HFO capital ltd a company incorporated under the law of Ireland with a registered office at

............ Dublin 2, Ireland. Would this assignment be valid under UK law?

The account was apparently assigned in 2008, but they are only now starting to pursue it.

 

I'm going to do a SAR to M&S because I haven't made any payments to HFO and for all I know, it may be statute barred.

 

Many thanks,

 

Magda

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Hi Magda

 

A couple of things, a Credit Reference Agency does a free trial, as long as you remember to cancel it after a month. Might be worth seeing whats on there.

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Would also still be very grateful if someone could advise on whether an assignment made between a uk company and one registered under irish law (as with HFO) would be legally valid?

 

thanks, Magda

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Something I've noticed on my credit file (no mention of M&S at all) is that HFO have been carrying out some kind of credit search every month for the last three months, not sure why they are repeating them so frequently, seems a bit odd....

 

Magda

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  • 2 months later...

Hi, wonder if any of the "HFO FAN CLUB" can help. As explained above, I had an old m&s store card, for which I have now received a court claim (from HFO Ireland). I checked with M&S and they say it was assigned to Roxburgh end of July 2008. I mentioned that HFO say it was assigned to them, but M&s just said they are all part of the same company. Any advice re: assignments and HFO and how valid these tend to be much appreciated. Can use all the help I can get at the moment. Have sent a SAR to M&S by the way.

 

Many thanks, Magda

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Hi Magda

 

I've alerted the HFO Club for you....its the weekend so may not get a lot of response immediately.

 

Regards

 

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Here - missed this one sorry. Thanks for the link, I am going to ask the mods to move it to 'Legal Forum' for you.

 

Can you let me have all the details of the Claim Form - date, Particulars everything. If you can scan it with all personal details removed (and references) that would be great.

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Magda

 

have you acknowledged this and said that you are going to defend?

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Hi, wonder if any of the "HFO FAN CLUB" can help. As explained above, I had an old m&s store card, for which I have now received a court claim (from HFO Ireland). I checked with M&S and they say it was assigned to Roxburgh end of July 2008. I mentioned that HFO say it was assigned to them, but M&s just said they are all part of the same company. Any advice re: assignments and HFO and how valid these tend to be much appreciated. Can use all the help I can get at the moment. Have sent a SAR to M&S by the way.

 

Many thanks, Magda

 

Have you received a Notice of Asignment from HFO Services Limited or Turnbull Rutherford Limited on behalf of HFO Capital Limited (Ireland) If so, what was the exact date on the NOA. this is important.

There appears to be light at the end of the tunnel with HFO

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I think that we need to see all the documents. I suspect that they are identical to ones received by other posters recently.

 

Are they claiming the full amount or is it a 'part claim'?

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Hi, wonder if any of the "HFO FAN CLUB" can help. As explained above, I had an old m&s store card, for which I have now received a court claim (from HFO Ireland). I checked with M&S and they say it was assigned to Roxburgh end of July 2008. I mentioned that HFO say it was assigned to them, but M&s just said they are all part of the same company. Any advice re: assignments and HFO and how valid these tend to be much appreciated. Can use all the help I can get at the moment. Have sent a SAR to M&S by the way.

 

Many thanks, Magda

 

 

At this time you state, it does not appear that they were registered with the ICO to process data. This was not until 7th August 2008 under registration number Z1425164

There appears to be light at the end of the tunnel with HFO

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Afternoon all.

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Hi all, many thanks for the replies.

 

 

I haven't had a reply to the SAR yet, only sent off a couple of days ago, so still waiting on that.

 

 

The exact date on the NoA was 30/7/2008.

 

 

I am going to defend it, definitely, haven't acknowledged service yet as only just received the claim,

so still have plenty of time.

 

 

Will get the docs scanned in and posted up as soon as possible so that you can have a look.

 

 

They have provided the typical m&s application form form mid 1990's plust t&cs,

which they claim make up the agreement.

 

 

Didn't even know that HFO had purchased the debt at the time, nothing from them until very recenlty

when they suddenly started chasing the account out of blue.

 

Thanks again all of you for looking in. Will get the stuff posted up.

 

Magda

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So a 7 day gap without ICO Registration.

 

 

 

Hi, I have been getting quite a few letter recently from HFO regarding an old M&S Account - a store card. The card was taken out in the mid to late 1990's, so quite a while ago. The account has apparently been assigned to HFO by M&S.

 

I requested a copy of the credit agreement and later received a copy of an application form. Nothing else. I wrote back and said that this did not comply with section 78 (no terms and conditions etc) and if they were unable to respond in a satisfactory manner, to inform me in writing. No reply whatsoever, but continued to receive their threats. I have now received a letter from Turnbull Rutherford giving me 21 days to respond or a court claim will be issued. That doesn't bother me, it's the usual rubbish these companies come out with and if they do issue a claim, I'll defend it. The thing is they have attached a DN and also a notice of assignment headed "M&S Money." The NOA states: "We have assigned your account to HFO capital ltd a company incorporated under the law of Ireland with a registered office at ............ Dublin 2, Ireland. Would this assignment be valid under UK law? The account was apparently assigned in 2008, but they are only now starting to pursue it.

 

I'm going to do a SAR to M&S because I haven't made any payments to HFO and for all I know, it may be statute barred.

 

Many thanks,

 

Magda

There appears to be light at the end of the tunnel with HFO

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