HFO / Barclaycard

[la2011]

Hi everyone,

 

Im new here but have been following the HFO threads since I got my first letter from them about a month ago.

To put you in the picture I had a Barclaycard debt of about £800-900. HFO are asking for in excess of £2k. The debt itself is well over 6 years old, in fact it is no longer on my credit file as 6 years have passed. No payments made in over 6 years so its definately statute barred.

 

The letter I got today from HFO is the "schedule of litigation" one.

 

To date, I have had no communication with HFO. I have sent no letters and they do not have my number so have not called. I understand that an option is to send a statute barred letter, however after reading these forums it appears that they can cause more problems than they solve with HFO claiming that the letter is admitting the debt etc. Im also concerned they will try this phantom payment thing and I can assure you I have made no payments in 6 years.

 

A lot of the threads here seem ongoing or seem to end with no resolution...

 

I guess I have a few questions:

 

1. Has anybody been taken to court by HFO for a statute barred debt?

2. If so, what was the outcome?

3. What action (if any) would you advise me to take?

 

Thanks very much in advance for you help. I guess il get my HFO fanclub membership card soon! ;-)

[BRIGADIER2JCS]

Hi no court action can be taken on an SB debt, once SB always SB

[Tingy]

I can only reiterate the above. If it is statute barred it is statute barred. It cannot ever now become unstatute barred. I would totally ignore HFO if you are concerned about the SB letter being sent - eventually they will have to go away as they can't do anything else. If they persist too much you could even countersue for harassment!

[la2011]

hi, yes I know the law says they cannot take me to court after 6 years, but I have heard of companies doing so anyway.

[Tingy]

I bet you haven't heard of any winning!

[la2011]

no well, thats what I was asking. Although im sure people who arent in the know about SB pay up when they see the CCJ. I was wondering if HFO may take their chances and submit a County Court claim to see...

[Tingy]

The law is 100% clear that after a period of 6 years has passed with no acknowledgment of the debt it is no longer enforceable through the courts. Have a read of this:

 

http://www.legislation.gov.uk/ukpga/1980/58

[la2011]

Thanks,

 

So with HFO, would I be waisting my time writing to them with an SB letter? Does anyone know what I can expect after the schedule of litigation letter?

[Tingy]

Should also have said get copies of your credit reports to make absolutely certain it is SB if you haven't already done so. If you goole this, you'll find they're doing this a lot at the moment.

[la2011]

the debt has been wiped off my credit report because it defaulted over 6 years ago, thats how I know its SB

[Tingy]

Brilliant. In my opinion the Schedule of Litigation is purely a threat in the hope that it will make you pay up. I'd be inclined to send them the SB letter backed up by a copy of your credit report and tell them in no uncertain terms to go away.

[Tingy]

By the way - have you read this thread?

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?308481-HFO-lience-notice-to-revoke%282-Viewing%29-nbsp

[coledog]

Hi and welcome

 

I would suggest calling Barclaycard and asking them to confirm when the last payment or acknowledgement was made - get this in writing, also who they sold it to and when. Contacting BC will not affect the status of this at all.

 

Barclaycard recoveries 0844 556 0066

 

It is worth doing. If you are then certain that there has been no payment or acknowledge of ' I owe this debt' in writing from 6 years since the last missed payment, send HFO the SB letter.

 

They are probably just chancing their arm. They could still issue a claim in the hope that you do not understand about SB status, the court would not check this for you, you would have to defend the action.

[la2011]

yes i did just see that! I hope it is revoked, they deserve it. Luckily I have the inititaive to research things and managed to find this site which has been so helpful but I dread to think how many people have been bullied and illegally persuaded to pay debts to these people!

[la2011]

Thanks, I will give them a call tomorrow! Will let you know how I get on!

[DonkeyB]

Another case to create another nail for that coffin...

[broken arrow]

Subbing......not long now.

[la2011]

well i called barclaycard (who at first insisted I call HFO for any information rleating to the account - yeah right) and they said the last payment they have on record from myself if Feb 2005. So that is over 6 years ago which means SB. They wouldnt confirm this in writing to me though and said I needed to do a SAR request. Im thinking of holding off on that until a county court claim actually comes through. Would I need to show the statements from Barclays as evidence?

[broken arrow]

I would do the SAR asap

[BRIGADIER2JCS]

Personally I would do the SAR now as it can take the full 40 days to be provided then

you wllhave all the ifo to hand if a claim is raised.

[coledog]

If you are certain it is 6 years since you paid anything or made a written acknowledgement that you owed this, it is SB and you should send the Statute Barred letter to HFO. It is up to them to prove otherwise and would effectively prevent them from taking further action. I would not wait for a court claim. Certainly do a SAR if you are uncertain, again do not wait for a Court Claim to arrive as a SAR takes up to 40 days.

 

HFO may huff and puff a bit but you can report them to OFT and TS for chasing an SB debt.

[Tingy]

Agreed - for the sake of £10 it could save you a lot more. Here's an SAR letter (I know there's two number 8's, that was to insert what you need and I couldn't be bothered to change the other numbers!):

 

Dear Sir/Madam

Data Protection Act 1998 Subject Access Request

Please would you kindly provide full and complete copies of any and all data you hold which relates to me and my entire history with your company. I have enclosed the statutory maximum of £10.

 

For the avoidance of doubt, take note that the enclosed cheque/Postal Order is payment for the fee relating to my Subject Access Request only and not a payment of any other kind or to be used for any other purpose. If you do not require a fee in order to process my Subject Access Request then kindly return or destroy my cheque / PO.

 

For your convenience I have detailed below a list of what I require, although this is not an exhaustive list by any means and is just an example of some of the information I require with regard to any accounts I may have had or may still have with your company.

 

1. Computer screen notes relating to the conduct of my account

2. Computer screen notes relating to transactions that have gone through my account

3. Internal messages or notes relating to the conduct of my account

4. Internal messages or notes relating to transactions that have gone through my account

5. Recordings of any telephone conversations, whether internal or external, relating to my account

6. Copies of any e-mail's, or other electronic communications, whether internal or external, relating my account

7. Copies of letters relating to my account

8. A list of ALL payments made to my account including the date of those payments.

8. All information relating to litigation or pre-litigation that has taken place on my account

9. A detailed statement of account showing a breakdown of all costs charged, showing in each case the reason for the cost and the actual cost against that item

10. Copies of all reviews conducted relating to my account

11. Copies of all other paperwork relating to my account.

12. Copies of any and all documentation issued to me or left at my property regarding my account

I trust that the above is clear and should you be in any doubt as to your obligations as a Data Controller, then I would advise that you consult your corporate counsel.

 

As detailed above, I have enclosed the statutory maximum fee of £10. You have 40 days in which to comply.

 

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one to which all previous correspondence has been issued.

Yours faithfully

 

 

(Your Name)

[la2011]

ok im going to send the SAR request today just so that i have in writing when the last payment was made. thanks for your hep guys, will let u know of any updates.

 

does anyone know if/when hfo will have their licenece revoked? what does that actually mean, will they be closed down? what happens to all the debts they have bought?

[BRIGADIER2JCS]

The licence will be reviewed when it is next due for renewal.

[DonkeyB]

HFO Services’ licence was due for renewal in September 2009!