HFO / Barclaycard

[Suzie604]

Hi, after some advice regarding the above company, I have read some of the threads already regarding them but some specific advice would be nice.

 

last month I received a letter from HFO regarding a debt with Barclaycard many years ago

they were asking for £462

 

if I remember correctly the original debt was for about £100,

 

I then received another letter about 2 weeks ago asking for me to contact them regarding the debt,

 

I then looked into the company via this forum and followed some advice given on one of the threads

and contacted Barclaycard asking them when the last payment was made to that account and when and who the debt was sold to.

 

They confirmed that the debt had been sold to HFO in July 2007

and that the last payment on the account was February 2004,

 

I did ask the man to confirm what he had said to me in writing but he said that he couldn't do that

to which I replied that I wasn't asking for anything that he hadn't told me on the telephone, he still refused,

I then explained that I would put in a request for all my information which they would then have to give me the details ,

the man said that all requests like that would have to go through HFO,

 

I explained to him that this was incorrect as they hold the information on me so they would have to disclose their records under data protection etc,

he was very nonchalant and said it would still have to go through HFO,

at this point I ended the call stating that they would receive my request in writing (as I had read that I need to do in another post).

 

As far as I aware I was never told that the debt had been sold and haven't had any communication for many years

I even think that the debt might come under the 6 year rule but I don't think I will know this until I request the information from Barclaycard,

I still haven't contacted HFO but today received the 72 hour litigation letter from them.

 

I plan to send the letter to Barclaycard requesting my records next week (payday!) and will send HFO a CCA request, am I doing the right things?

 

Also with regards to HFO I have checked my Credit report and they have a log on my history that the debt defaulted in 2007

(this is when they bought the debt not when it defaulted which was in 2004 how would I get this changed?

and also with regards to the interest that HFO have added to this debt

 

it is my understanding that if they add interest they need to write to you confirming the interest rate

and also send yearly statements is this correct ( I have not received any of these the first contact being from them last month).

 

Sorry for the long post but wanted to cover everything.

 

Any help would be appreciated.

 

Thanks

[BRIGADIER2JCS]

The debt is statute barred if no payment or acknowledgement in writing has been made in the

last 6 clear years, i hope that there are not 2 defaults showing 1 by Barclay card and 1 by HFO.

The 6 year period starts 1 day after the last delinquent payment to Barclay Card so I think in your case

this would 1 month after the payment made in 2005.

Did you have any notice of default from BC?

[dx100uk]

hehe

 

hfo up to their tricks again i see.

 

dx

[BRIGADIER2JCS]

Bunch of RAT BAGS IMHO:madgrin:

[Suzie604]

No there was only a default for HFO, barclaycard was nowhere in site, I honestly can't remember if I got a default notice from barclaycard I probably did but it is so long ago now I can't remember!!

[dx100uk]

well if the debt is now in their name

it wil show as 'their' default.

 

thats what happens when debts are sold.

 

dx

[Suzie604]

but I haven't defaulted any payments with them as they have only just contacted me and I have never had an agreement with them to default, surely they can't just pick a date and put that as a default?

[broken arrow]

You need to phone barclaycard on this No 0844 0903111 and ask for Paul Hart, explain what customer services informed you and their refusal to give you the info in writing.You also ned to find out who exactly the account was sold to, you have just stated HFO in your post, is this Services, Capital Cayman or Capital Dublin?

[broken arrow]

When you have proof of the debt being stat barred you then need to inform the OFT, again trying to collect on a stat barred debt.

Edited June 13, 2011 by broken arrow

[broken arrow]

hello any HFO guests, interesting how Barclaycard don,t mention Roxburghe anymore, something else for the OFT to look into.

[Suzie604]

Thank you Broken Arrow, they said the debt had been sold to HFO services, I would have mentioned it earlier but didn't realise that there were different ones! and yes I will definately contact OFT when I receive the details from Barclaycard.

[dx100uk]

lots of guests.....

 

hello spies...

 

job centre soon ...

 

dx

[broken arrow]

Thats who Barclaycard think they sold it to, but you want that in writing, so please contact Mr Hart in the directors office, I have never seen a Barclaycard to HFO Services sale agreement.

[broken arrow]

Thank you Broken Arrow, they said the debt had been sold to HFO services, I would have mentioned it earlier but didn't realise that there were different ones! and yes I will definately contact OFT when I receive the details from Barclaycard.

 

Yes they took me to court as HFO Services, but mine was sold to HFO Capital Cayman in the end they gave up and discontinued.

[Suzie604]

Ok I will definately give him a call tomorrow and will let you know what is said.

[coledog]

If you can confirm it is SB, there is an SB letter send to send to HFO in the CAG library and see what rubbish they come back with, but confirm it first

[Suzie604]

Hi All

Received another letter from HFO today a "schedule of Litigation" letter, I know I am to send the letter to barclaycard (which I now plan to do tomorrow) should I contact HFO to say it is dispute etc or am I asking for trouble if I contact them? as I have not been in contact with them at all yet. Any advice would be appreciated.

[coledog]

No don't contact HFO at all - and NEVER by phone, they will just spout rubbish at you.

 

Have you rung Paul Hart yet? You need to get that last payment date from Barclaycard, as soon as possible.You can then send the SAR but may not need to.

 

The letter they have sent you is more rubbish and misinterprets the legal process, you need to send a complaint to OFT about these letters and the length of time it has taken HFO to contact you. wait and see if this is Statute Barred or near to that first

 

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

[Suzie604]

Thanks for your reply, i won't contact them then. I didn't get a chance to call Paul Hart yesterday but have done today ( he was out of the office all day) but the lady I spoke to confirmed that the customer services that I spoke to the other day do not have the facility to send out letters also that she could give me any information i required but again that because her and Paul's department only deal with complaints from OFT that she couldn't either!! The info I did get was that the last payment on the account was 19th February 2004 and from what she could tell on her system the last letter sent to me was on 23rd February 2004!!. the debt was sold to HFO Services on 27th July 2007. so i presume that confirms that it is statute barred? even though i don't have it in writing is that correct? do i still need to do the SAR and what next?

[BRIGADIER2JCS]

I certainly appears so, personally I would do the SAR so as to make sure there are no sneaky payments or anything.

[coledog]

Not sure it is worth a SAR if you are pretty certain that there have been no payments or written acknowledgements since. It is not actually up to you to prove it is SB, it is up to HFO to prove it is not but it is good to be certain of the facts. The SAR takes up to 40 days.

 

Think I would send the SB letter to HFO, recorded delivery. HFO will come back to you and say it is not SB because they have contacted you but this is rubbish and will get them further in the doo-doo with OFT. Have you found the SB letter or do you need a link?

[BRIGADIER2JCS]

I like the belt and braces approach myself, like to be sure.

[DonkeyB]

Agree, Brig.

[coledog]

Up to you Suzie, whatever you are most comfortable with. Just trying to get you some finality for this

[Suzie604]

thanks guys well what I will do is send the SB letter to HFO (a link would be helpful thanks)and also do the SAR that way the SAR time is ticking on whilst HFO are dealing with it and then hopefully by the time HFO respond I will have all the stuff from Barclaycard to defend it, saving time and further crap from HFO in the meantime. I can guarantee there has been no payments since that date because I didn't actually pay it as Barclaycard took the money direct from my Barclays current account at the time without my consent but that is a whole different story and was dealt with at the time!!