HFO - Three years of threats - and they continue

[psmith64]

Hi All,

 

Even though we all know the OFT are minded to revoke their license, they still appear to be breaking the rules, will they never learn. I guess they know they are going to lose their license so they don't really care what they do in the meantime.

 

Anyway, just thought I would update you all with my HFO timeline over the past 3 years and 2 months, which should give hope to those who have an unenforceable debt. As long as you keep on top them by using the great help of this site and reply to all their communication in writing and never speak to them on the phone, all you will get from them is threats.

 

Anyway, my timeline:-

 

1) June 2008 - First I had heard of them, with their letter of payment of a debt I didn't owe them, I had never heard of them. My responce with the help of this site was to CCA them, which I did.

 

2) August 2008 - Finally got responce from their affliated solicitors Turnbulls with a copy of a very old credit application from 1985, together with pay up threatogram or else we will be getting a charging order on your house. After some too-ing and fro-ing i resent copies of all letters and an account in dispute letter, as well as asking for their complaints procedure they are supposed to have. Well, threatograms stopped , I thought job done.

 

3) June 2010 - heard from them again with an offer of possible reduction on my supposed debt to them. Copied them all previous correspondence together with another still in dispute letter. Again thought I had heard the last of it !!!

 

4) August 2011 - out of the blue got sent another reminder of my supposed debt to them, which had now increased some £ 2 K since their first contact with me back in June 2008. The letter starts off all nice with a reduction offer if I call the number. Now I am really frightened, because they then go on to say that if I don't respond within 5 days of the letter ( bearing in mind it is now just over three years since I was going to be getting a charging order on my house ) they will pass the matter over to their legal side to maybe commence proceedings in the County Court, where they will seek to obtain a warrent of execution, as with the dossier they have on me, they know I can pay this supposed debt Iowe them !!!!

 

5) August 2011 - I have now sent another letter of dispute, with copies of all previous correspodence and have added a CPUTR 2008 request to add to my many reams of paper.

 

I have now told them that if they continue to persue this unenforcebale debt, I will send all theirs and mine correspondence to the OFT and their local trading standards office, and send them an invoice for all the time I have wasted in keeping writing to them, along with my out of pocket expenses.

 

You never know, I might be hounding them through Northampton yet, only I won't take three years to do it.

 

My theory on these scums is that they send out letters as a fishing trip to see if you have moved. If they don't get a reply they issue proceedings and try and get a CCJ by default.

 

Don't let them bully you into paying debts that are not due to them, just keep on replying to their threats, asking them for the information they know they must have before they can take you to court.

 

Thanks for all the help and support of this site over the past three years, it has helped keep me sane !!

 

 

 

 

 

 

 

 

[coledog]

When was the last payment made on this debt and who was the original creditor? If it was enforcable I suspect that they would have attempted court action by now but they cannot realistically do that if they are in default of your CCA request. I always find letters offering a 'refund' very suspicious. Certainly make sure that you do complain to OFT.

[psmith64]

Original creditor was Marks and Spencer Financial Services, and the last payment made to M & S was around June 2006.

 

Each time I have had threats, they have backed down after communication and stating the facts as they are, ie, no enforceable agreement to date.

 

OFT next if they come back this time after putting in the CPUTR 2008 request, as well as invoicing them for my wasted time and distress

Edited August 24, 2011 by psmith64

[theghost]

Why havent you reported TS (and OFT) already?

 

 

If they were wrongly chasing you for a debt and ignoring you then you should have repoted it within the first few weeks IMO.

[psmith64]

Well I really should have, but it's more time I don't have. Keeping on top of them is bad enough and as we see today, even with OFT involvement they are still trading and up to the same tricks.

 

At least I have a three year paper trail should it go to a court room. I am sure some of the letters I have from them will do them no favours. They are very evasive at giving direct answers, and are just full of threats.

[theghost]

If it turns out the OFT cannot revoke their licence due to lack of complaints dont moan about it

[coledog]

You really must find time to sent a dossier to OFT. Just an outline of the facts and copies of all the documents. You can do it electrically. Did HFO ever send you any personal data or show that they had accessed this? Land Registry, Credit file etc

 

OFT http://www.oft.gov.uk/ for the attention of Polly Ashford (James Waldron has left apparently)

[sillygirl1]

There is no point posting on this site saying you might do something when you HAVE to take that course of action.

 

Complaining may not seem to get immediate results (ie the firm closed down) but every complaint goes against them.

[psmith64]

You really must find time to sent a dossier to OFT. Just an outline of the facts and copies of all the documents. You can do it electrically. Did HFO ever send you any personal data or show that they had accessed this? Land Registry, Credit file etc

 

OFT http://www.oft.gov.uk/ for the attention of Polly Ashford (James Waldron has left apparently)

 

I will try and find the time. Yes, they did access my credit file as they have registered the account in their name on my file.

 

I did give all the correspondence to my MP at one stage, who did follow it up in parliament.

 

If you can give me details of how to do it electronically, that would be a great help, as from my investigations before it seems like a lot of forms to fill in, which is I think what puts a lot of people off, especially if you do have a busy life.

[coledog]

Just look at the contact page on the link I gave you and email everything to that email address for the attention of Polly Ashford

[Bazooka Boo]

IMO this is further proof of giving a dog a bone and it coming back. Once you are satisfied they have got the wrong man, then the only course of action is to ignore them and forward on all their computer generated drivel to the OFT.

[theghost]

You can report it to Consumer Direct my phone or email and give a basic outline. If anyone wants to contact you later on for the whole story they can do.

 

I am not really sure what the point of complaining to an MP is - they can only ask the relevant body to take a look.

 

I used to work for a public body and we used to get complaints in from MPs quite regularly but they didnt get dealt with any differently to those from normal members of the public.

[Bazooka Boo]

Because MP's are supposed to be in there elected position to represent the interests & concerns of their constituents.

[theghost]

Yes - but to an extent a consumer can represent themselves to the various consumer protection bodies themselves.

 

Personally I would write to my MP if I had somesort of political issue or perhaps I thought a body was acting improperly - not just to act as a middle man to the OFT.

[Bazooka Boo]

Yes I agree that the OP can complain direct to all the consumer companies themselves, but thats not my point, by involving the local MP they can then raise the issue in the commons and have some sort of grasp of what is really going on in the world.

[psmith64]

This was my thoughts. Afterall ultimately the OFT is a government departement, so there must be an MP in charge.

 

It is good to see the OFT at last taking an interest in the wrong doings of HFO, its been a long time coming, far too long in my opinion.

 

Lets hope they do actually revoke their licences. If they don't it will just show what a waste of time it has having these bodies to protect the consumer.

 

I am currently compliling my dossier on HFO ( a word that HFO have used about information they have on me in a letter this month ) to send to the OFT. its going to cost a fortune to post. I am also considering writing to an environmental group as HFO have probably caused the unnecessary death of a tree in the amount of paper they have wasted on me to date.

 

If it hammers another nail firmly in their coffin, then it will be money well spent putting the time and effort into it.

 

After HFO hopefully lose their license I think we should publish a book devoting a chapter to each person they have persicuted.

 

In my case they have been sending threats for three years and two months. I have answered all their letters, all sent recorded. Not once have they sent a personal reply or sent the information I have requested. They continue to flout the rules of the CCA and Data Protection Act 1998 even this month, and while the OFT are minded to revoke their consumer license.

 

Only this week they have refused to provide me data asked for under a SAR request as I have refused to provide then with a copy of my driving license, passport or Birth Certifcate, along with a utilities biill. Would anyone in their right mind give this sensitive information to a company under investigation??

 

They are quite happy to send other sensitive information to my address they have been using to correspond for the last three years and two months, yet they won't now comply with my SAR request. What cowards.

 

I now have the information I require that proves they falsified a NOA on poorly copied headed paper of a financial organisation.

 

No wonder they won't take me to court if they had to disclose the original information in connection with assignment, not to mention all the other information thay haven't sent to me in three years.

 

I am currently taking advice from a good legal friend of mine to deal with this , together with the mental illness I have undergone while all these threats have taken place. My illness is documented on my medical records and I asked my Doctor to name HFO as to the reason for my illness. Threats have included a charging order on my house, warrant of execution , Third Party Orders agianst my bank account, Attachement of earnings order, an order to obtain information.

 

Now I have the necessary documentary evidence to hand that will make any judge throw their case out should they decide to take me to court, its a nice feeling.

 

I do feel sorry for the people who have not discovered this great web site, who are probably paying them money they are not entitled to, or as a worse case maybe have commited suicide because of the threats.

 

Unfortunately they have chosen the wrong person to upset, I have the bit between my teeth to try and end their reign of terror on a lot of people.

Edited August 27, 2011 by psmith64

[broken arrow]

Subbing, I would advice you not to use the F word in your posts, aswell as not having a CCL when they sold their accounts, Capital Cayman to Capital Dublin, HFO Capital Dublin did not register with the ICO until August 08, 6 monnths after the sale of the accounts.

[jimmy1811]

I hope you take the bar stewards down psmith64.

[psmith64]

Subbing, I would advice you not to use the F word in your posts, aswell as not having a CCL when they sold their accounts, Capital Cayman to Capital Dublin, HFO Capital Dublin did not register with the ICO until August 08, 6 monnths after the sale of the accounts.

 

thanks for the advice broken arrow - duly edited !!!

[psmith64]

I hope you take the bar stewards down psmith64.

 

 

Will do my best

[coledog]

You are not alone - I also have an outstanding SAR request from July 2010 when they wrote to me saying they had 'a file on my desk' and I requested the contents. I also refused to provide any more personal data and they ignored this. They have never responded to any of my complaint letter either so they will get what is coming to them.

[broken arrow]

You are not alone - I also have an outstanding SAR request from July 2010 when they wrote to me saying they had 'a file on my desk' and I requested the contents. I also refused to provide any more personal data and they ignored this. They have never responded to any of my complaint letter either so they will get what is coming to them.

 

Go on, send them another complaint..........

[theghost]

The OFT are a non ministerial department - they dont have an MP at the top as such, but I believe they report to BIS which is current run by vince Cable.

 

As I say - get a compalit in - VOLUME MATTERS - not necessarily the depth of the complaint.

 

If you are spending reams of paper in it is unlikely anyone will bother going through it unless there has been serious breaches of law that warrant criminal action. What they need are lots of examples of breaches of the law - that is how they can amend or revoke licences.

[psmith64]

I guess their main breach of law with me is sending a false NOA ie date stated is incorrect. Actual date was when HFO Capital did not hold a licence pre March 28th 2008, nor did they register with ICO until August 2008, so had no legal right to hold or share my data with anyone. I have kept all envelopes bearing the franked date of sending each letter.

 

Strangely the false NOA dated 4th April 2008, did not get posted until August 2008, and this envelope was franked via Turnbull Rutherford. The NOA was really Micky Mouse, sent in poory copied headed paper from OC, omitting the OC's address and contact details, not was it signed.

 

They have never sent to me full answers to CCA requests, only providing an application form from 1985 which does not include all prescribed terms.

 

They have sent me various letters over three years of an oppressive nature whilst the account is in dispute, and while what now appears to be on behalf of a company that did not hold a license to trade, off of the back of a false NOA construted by there own solicitors.

 

Therefore would I be right in concluding that every bit of correspondence they have sent me is a criminal act ??

 

Your further thoughts would be appreciated

[theghost]

Some of the possible offences sound like they happened 3 years ago so you will have a hard time getting anyone interested in doing anything on them - some criminal laws have time limits on how long any action can be taken on them.

 

They are also less likely to do anything if action has since been taken against the company for the same type of thing (which is soudns like it has).

 

As you have left it so long you would be better off focussing on any wrongdoing that has happened recently and as already discused things dont have to be criminal offences to get the company in toruble - they can be breaches of OFT guidance.