HFO. Schedule of Litigation. Experience advice needed. Thanks!

[martinhudson]

Ok. Contacted The Barclaycard number above and its been more than 6 years since last payment/contact. They sais they sold the debt to HFO capital ltd in 2007.

 

HFO have written back and said they are going to pass dent to their legal desk.

 

 

What can I expect to happen next and what should I do now?

 

Thanx

[sillygirl1]

It is statute barred, end of, legal can do nowt.

 

This must go to the OFT and Trading Standards, basis of complaint being chasing a debt which is statute barred...

[coledog]

SB letter to HFO if you are happy it is at least 6 years since last payment or written acknowledgement

 

http://www.consumeractiongroup.co.uk/forum/content.php?408-Letter-sent-when-debt-is-statute-barred

[BRIGADIER2JCS]

Pass it where the sun don't shine stat barred is stat barred:madgrin:

[vjohn82]

It is statute barred, end of, legal can do nowt.

 

This must go to the OFT and Trading Standards, basis of complaint being chasing a debt which is statute barred...

 

They are allowed to chase SB debts. If you notify them in writing that you will not be paying on the basis of it being SB, and can provide proof that this is the case, then contacting you from that point could be considered unfair.

 

2.14 In the past we have dealt with a number of statute barred debt cases governed by

the Limitation Act 1980, which applies to England and Wales. Based on that

experience our position with regard to England and Wales remains:

a. we accept legally the debt exists

b. it is the methods by which the debt is collected that can be

unfair as follows:

• it is unfair to pursue the debt if the debtor has heard nothing from

the creditor during the relevant limitation period

• if a creditor has been in regular contact with a debtor before the debt

is statute barred, then we do not consider it unfair to continue to

attempt to recover the debt

• it is unfair to mislead debtors as to their rights and obligations, for

example, falsely stating or implying that the debt is still legally

recoverable and relying on consumers not knowing the relevant legal

provisions, and

• 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 contrary to section 40 (1) of the Administration of

Justice Act 1970.

 

Best to write to HFO with the SB letter and then wait to see if you receive any responses after that. Only then will you be able to complain to the FOS.

[martinhudson]

Thanks.

 

I'll wait for their next threat-o-gram and post then

[coledog]

Thanks.

 

I'll wait for their next threat-o-gram and post then

 

Up to you

[BRIGADIER2JCS]

Agreed and some!!!!!!

[coledog]

Also agree, what is the point of spinning this out? None whatsoever!

[hillards]

I'll wait for their next threat-o-gram and post then

HFO do not play fair - they will go for court action, even if it is SB. They rely on people like you for a living, those that choose to do nothing (despite strong CAG advice here).

 

All they need to do is apply for their costs to date, which are not SB. That sets a precedence that the debtor was not interested in paying, or made any attempt to sort the matter out. They will show to the court that they communicated their side of the story (right or wrong) and you did not respond. The judge would not look to see if it was over 6 years since you last paid, HFO could even discover a phantom payment that they say was paid only a couple of years ago - you're not disputing it... That could happen without you knowing, they may 'forget' to advise you of court proceedings.

 

Ignore the advice you are being given at your peril. CAG is here to advise people who need help in these matters. Head in the sand and 'stuff them' attitudes indicate that the advice is not required? One letter to tell them that this is SB may be all that's needed.

[bernardski]

HFO do not play fair - they will go for court action, even if it is SB. They rely on people like you for a living, those that choose to do nothing (despite strong CAG advice here).

 

Ignore the advice you are being given at your peril. CAG is here to advise people who need help in these matters. Head in the sand and 'stuff them' attitudes indicate that the advice is not required? One letter to tell them that this is SB may be all that's needed.

 

 

Wholeheartedly agree here,

 

Lets put it this way if these guys:

 

DonkeyB

BRIGADIER2JCS

coledog &

hillards

 

were offering me advice you can be damned sure i'd be listening, and very carefully too!

[BRIGADIER2JCS]

Reluctance to bring matters to a conclusion raises doubts in me, why carry

on the game of letter tennis for no conceivable reason.

[coledog]

Lets put it this way if these guys:

 

DonkeyB

BRIGADIER2JCS

coledog &

hillards

were offering me advice you can be damned sure i'd be listening, and very carefully too!

 

 

And even VJ pitched in - you are honoured!!

[bernardski]

Indeed, sorry for the slight omission there VJ!

[broken arrow]

Ok. Contacted The Barclaycard number above and its been more than 6 years since last payment/contact. They sais they sold the debt to HFO capital ltd in 2007.

 

HFO have written back and said they are going to pass dent to their legal desk.

 

 

What can I expect to happen next and what should I do now?

 

Thanx

 

If sold to HFO Capital in 2007 that would have been HFO Capital Cayman= big problemHFO going to pass back to their legal desk, that wont take long as its the same desk, Turnbull Rutherford run HFOWhat will happen next, I can only guess, what you should do next is a SAR to Barclaycard and if you are 100% certain it is SB send the SB letterNice to see VJ around

[broken arrow]

Apologies for poorly written post, I did not type it like that and I cannot edit it either.

[vjohn82]

And even VJ pitched in - you are honoured!!

 

Haha... well you know me. Got a new PC so should be around more often now.

 

Indeed, sorry for the slight omission there VJ!

 

No probs

 

If sold to HFO Capital in 2007 that would have been HFO Capital Cayman= big problemHFO going to pass back to their legal desk, that wont take long as its the same desk, Turnbull Rutherford run HFOWhat will happen next, I can only guess, what you should do next is a SAR to Barclaycard and if you are 100% certain it is SB send the SB letterNice to see VJ around

 

*tips hat

[DonkeyB]

It’s gone quiet here...

[BRIGADIER2JCS]

Ghostly even:madgrin:

[vjohn82]

It’s gone quiet here...

 

Almost... too quiet

[hillards]

Shhhh - OP may be sleeping....

[martinhudson]

Thats been 9 days now since their threat to pass it on to their legal desk. No word since so I'm assuming they've forgotton about it.

 

Would they have gone to court without writing to me?

 

Does the court have to write an inform me whats happening?

[BRIGADIER2JCS]

I take it there has been no Formal Letter Before Action Martin?

[martinhudson]

Nothing since their last threat-o-gram about 10 days ago. That said, "your lack action...we will pass on to legal desk...."

[BRIGADIER2JCS]

As the legal desk resides in the gents bog they have probably flushed it:madgrin:

Just play the waiting game.