Advice about HFO, please

[bluebare]

DefaultNotice.pdf

Hi all

 

After googling HFO came across this excellent site with somehelpful advice regarding dealing with HFO.

 

So far received following from HFO:

 

Had a reminderNOA sent to me on 19 July 11,

 

followed by a Do Not Ignore (with HMCS EX345 - Bailiffs andEnforcement Officers info sheet and EX50 - Court Fees info sheet) on10 August 11

 

then a Schedule of Litigation (with EX325 - Third Part Debt Orderinfo sheet) on 1 September 11.

 

I would have dealt with this sooner, but I have been tied up withmatters of Probate on my recently deceased father's estate andsorting out my mother's financial affairs.

 

 

 

 

 

I had a Barclaycard back in 2005 which due to very serious illnessI defaulted on in September 2005 (if memory serves me right). I havea notice of default from Mercers dated 8 December 2005.

 

In March and April of 2006 I approached the CAB for help andadvice with problems with mounting debts of which Barclaycard wasjust one. Due to the seriousness of my ill health the CAB along withmy consultant arranged for me to receive benefits under the "SpecialRules" - for those not considered likely to live more than 6months - still here thank goodness!! The CAB also wrote to all mycreditors and requested that all my debts be written off, I rememberthe CAB advisor saying that Barclaycard would likely to be the mostdifficult. This was achieved with all' to my knowledge, over thefollowing few months. I have a letter dated 23 May 2006 from the CABadvising me that Debt Managers Ltd had closed the file.

 

In 29 June through to 17 August 2006 I then started receivingletters from Credit Security Ltd. I don't think I passed this on toCAB because during this period I ended up in hospital in IntensiveCare - which I'm sure was in some way triggered by all the worry overmy finances. I have no NOA on file.

 

In November 2007 I moved address and until July of this year heardnothing more.

 

I have attached letters from HFO and the Notice of Default.

 

If it wasn't for the contact made by CAB in 2006 I am assuming thedebt would now be statute barred, or very close). I assume that datewould be dependent on the last date of contact to the DCA/Barclaycard by the CAB. The last letter to me from CAB regardingBarclaycard is dated 23 May 2006.

 

Reading through these forums I am guessing that in the firstinstance I need to send off a CCA request (recorded delivery, no sigand a £1 PO) with a line stating that I do not acknowledge the debtto HFO.

 

It would seem advantageous to call Barclaycard, also, to find outto whom the debt was sold and when - in writing if possible. I wouldguess that I should get off a SAR request to Barclaycard sooner thanlater.

 

I checked my credit file with Experian and there is a new entrydated 19 June 2011 by HFO with the date of default as 30 Nov 2006which is a year later than actual.

 

Any thoughts and advice from the HFO fan club would be gratefullyreceived. I am worried that this firm's tactics could send myunstable health, at the best of times, spiralling back down.

 

 

 

 

 

Bluebare

reminderNOA.pdf

DefaultNotice2.pdf

DoNotIgnore.pdf

ScheduleOfLitigation.pdf

[PGH7447]

stat barred from last payemnt or written acknowldhedment, so ring barclays and ask when this alledged debt was sold on and when the last payment was made, hfo have bought a load of these and are getting serioulsy burnt

[bluebare]

:whoo:WOW thanks for the speedy reply. I most certainly will get straight onto Barclaycard recoveries with those questions as per your post

[coledog]

Barclaycard recoveries 0844 556 0066

[broken arrow]

tel 0844 556 0066 ask last payment date, who sold to and when.

[bluebare]

Have since rung Barclaycard and the debt was sold to HFO Capital (but BC will not or can't say whether Dublin or Cayman, will only say that the office they deal with is on tel 020 8417 8153) on 7th September 2007. Checking OFT website I see that HFO Capital Dublin's licence was revoked on 24 May 2011 and HFO Capital Cayman's license lapsed on 7 July 2010. I remember reading somewhere in the forums about this and the answer about whether HFO Services can legally chase a debt sold to a different company under the corporate umbrella, but I would appreciate someone reminding me of the situation

 

The last payment made to the account was on 3rd October 2005, however, there would have been acknowledgement of the debt by CAB at least up till 23 May 2006. Would then the latter date be the one when the debt becomes statute barred?

[BRIGADIER2JCS]

Hi, SB date is the date of the last deinquent

payment or acknowledgement in writing.

Phone calls do not rest start the clock,

 

Brig.

[Tashaounette]

Hi BluebareI am new here, but not with HFO. First dont worry about that nonsense they have sent you, I received the exact same thing, along with 'court documents'. In reality, if you look carefully they are just information leaflets, not actual claim forms etc. Also if you look, they say that you have 7 days to respond, if you do not respond, you wont hear from them for weeks at a time. I would contact the CAB and ask them to fight your corner, if they had a Debt Management case file on you, they should still have a record and be able to dredge it up. Maybe if you do write to them, let them know that this is causing you undue stress and effecting your health, and if they do insist on issue a claim via the courts, your defense will reflect this in the nature of compensation for your time spent, phone calls, emails, postage and stress. It will get rid of them for a while, at least 6 months, and in that time the CAB can dredge up the old files. You also seem like someone who keeps everything, so I assume you have all that information too. If you do decide to call them, make sure that you with hold your number! You do not want to add to phone calls on top of the letters. Good luck!

[bluebare]

Thank you CD, BA and Brig for quick response. Sorry to labour the point but I take it then that as the CAB wrote to the DCA and BC on my behalf in May 2006 then that is the relevant date for Statute Barred. I have had no contact myself except through CAB. Off now to post Recorded delivery my CCA request.

[Tashaounette]

One other thing, Barclays wrote to me via HFO saying that they dont have any signed agreements, therefore cannot enforce the debt, but will do anyway. Can anyone tell me if they can do that?

[broken arrow]

One other thing, Barclays wrote to me via HFO saying that they dont have any signed agreements, therefore cannot enforce the debt, but will do anyway. Can anyone tell me if they can do that?

 

You said yours was not HFO.

[BRIGADIER2JCS]

That wholly depends on the form of letter

that CAB sent if it is by way of an information

request from a 3rd party IMHO it does not

restart the clock, if however they were seeking

a payment plan on your behalf and offering an

actual payment then that I think would restart

the clock.

Good idea to see if CAB can produce a copy

of the correspondence.

 

Brig.

[broken arrow]

Have since rung Barclaycard and the debt was sold to HFO Capital (but BC will not or can't say whether Dublin or Cayman, will only say that the office they deal with is on tel 020 8417 8153) on 7th September 2007. Checking OFT website I see that HFO Capital Dublin's licence was revoked on 24 May 2011 and HFO Capital Cayman's license lapsed on 7 July 2010. I remember reading somewhere in the forums about this and the answer about whether HFO Services can legally chase a debt sold to a different company under the corporate umbrella, but I would appreciate someone reminding me of the situation

 

The last payment made to the account was on 3rd October 2005, however, there would have been acknowledgement of the debt by CAB at least up till 23 May 2006. Would then the latter date be the one when the debt becomes statute barred?

 

Barclaycard did not sell any debts to HFO Dublin.

[Tashaounette]

Sorry meant to read, I am new to CAG but not new to HFO! I have been dealing with them since January! Sorry for this mis understanding.

[BRIGADIER2JCS]

No agreement does not been the

debt is unenforceable, the could

attempt to rely on a recon agreement.

[broken arrow]

Sorry meant to read, I am new to CAG but not new to HFO! I have been dealing with them since January! Sorry for this mis understanding.

 

Just checking, I am aware that you have started your own thread.

[Tashaounette]

I will start a new thread, but I didnt take out this credit card, so if they have nothing saying that I did, I dont see how they can enforce it! Good luck BlueBare

[BRIGADIER2JCS]

I'll look forward to the new thread:madgrin:

[Tashaounette]

I will start a new thread, but I didnt take out this credit card, so if they have nothing saying that I did, I dont see how they can enforce it! Good luck BlueBare

[bluebare]

That wholly depends on the form of letter

that CAB sent if it is by way of an information

request from a 3rd party IMHO it does not

restart the clock, if however they were seeking

a payment plan on your behalf and offering an

actual payment then that I think would restart

the clock.

Good idea to see if CAB can produce a copy

of the correspondence.

 

Brig.

 

Thank you Brig I will most certainly contact CAB to see what they have on record. As far as I am aware CAB were not seeking a payment plan or offering payment as other creditors accepted a write off due to my poor health I assume BC was approached with same request

 

Barclaycard did not sell any debts to HFO Dublin.

 

Um that's interesting. I'm guessing that the brig is right and they will try to present a recon CCA

 

And thanks Tash, good luck to you too

 

Blue

[BRIGADIER2JCS]

Hi Blu,

Lets have a look at CAB letter when you get it.

 

Brig.

[bluebare]

I will give them a call tomorrow and see what they have on record. Will most certainly post anything on here when received. Many thanks for your help and advice Brig and all HFO fan club

 

Blue

[bluebare]

Offer.pdfUpdate

 

CAB contacted and have requested copies of letters from them to BC and BC inhouse DCA, now waiting on the advisor who dealt with my case 5-6 years ago to get in contact with me. Unfortunately she only works part-time. I don't know why someone else cannot access my case file, but at this point will wait and see.

 

HFO received my CCA request this morning so am I right in calculating the deadline as 12 +2 from tomorrow, making that 6 Oct?

 

Letter from HFO arrived today, but postmarked 9 Sep. What nice people they are; by not realising my financial position they have showed a lack of due dilligence and apologise. I am overwelmed, NOT, by their generous offer to reduce the sum owing by 10-25% if I enter into apayment plan. I shall not be taking them up on their offer.

 

Blue

Offer2.pdf

[coledog]

Very generous NOT indeed! Someone else got one of these begging letters a few days ago. It is 12 plus 2 Working days so do not count weekends, so 6th October sounds about right so any time after then, I doubt that they will return anything in time frame anyway.

[dadofholly]

[ATTACH=CONFIG]30208[/ATTACH][ATTACH=CONFIG]30209[/ATTACH]Update

 

CAB contacted and have requested copies of letters from them to BC and BC inhouse DCA, now waiting on the advisor who dealt with my case 5-6 years ago to get in contact with me. Unfortunately she only works part-time. I don't know why someone else cannot access my case file, but at this point will wait and see.

 

HFO received my CCA request this morning so am I right in calculating the deadline as 12 +2 from tomorrow, making that 6 Oct?

 

Letter from HFO arrived today, but postmarked 9 Sep. What nice people they are; by not realising my financial position they have showed a lack of due dilligence and apologise. I am overwelmed, NOT, by their generous offer to reduce the sum owing by 10-25% if I enter into apayment plan. I shall not be taking them up on their offer.

 

Blue

 

So what is it they are offering a discount of 10% or 25%? or just pick a number in between.

And how are you supposed to be able to work out the discount for yourself - what is the formula they allegedley use?

 

lacks clarity, which against OFT guidlines and could be construed as misleading. Add it to the complaint.

 

More hogwash from TurnBULL Towers.

 

Was the letter addressed to the right address? seems to have taken a long time to get to you.