Help with HFO and false debt

[pantherboy]

Hi All,

 

Im posting to request some advice for those who have dealings with HFO (or similar debt collectors).

 

Last year I moved abroad and I found out today from family back in the UK that HFO have sent a letter to me start legal action on me for an unpaid barclaycard.

 

I have never defaulted on any payments and do not owe barclaycard any money and don't recognise the account and never even had a barclaycard, I am 100% certain its a case of fraud or mistaked identity.

 

I am very confused and stressed to how should I should proceed? This notice for legal action has come of the blue with no warning and reading others dealing with this company I am not sure that they will even listen to me. My fear is that I will have to spend a lot of money and take time off work to attend court dates to prove my case.

 

Has anyone else been in a similar situation or could advise?

 

Thanks

Ray.

[dx100uk]

firstly check your cra file

and

ring barclays compliance number given in other like threads

 

dx

[theghost]

Ask the debt collector to prove the debt is yours (letters on here) - if someone has taken out credit in your name then you will probably have to eport it to the Police as ID theft.

 

That should get the debt colelctor off your back but you would then need to make sure no other credit has been taken out in your name.

[patrickq1]

they wont go to court until you reply , but as DX has advised ring Barclays urgentley and advise barclays that you have never owned an account with them ,also contact the FOS and ICO and let them know also check your credit reference file, if HFO have entered a mark against you then your right to begin a libel action and sue for damages , but do not let this go , HFO are the bottom feeders in the debt collection market and their tactics are'nt pleasent this may include some phone harrassment if this happens to you or your family report it to the police do not contact \hfo by phone instruct them to contact you by mail only also make them aware you shall seek damages through court action and you are giving them the oppertunity to cease and desist on this matter forthwith if they refuse then they shall be held liable for all time spent on this and all costs such as travel etc...

Donkey and others will be on soon and they will advise

patrickq1

[questioner]

I can write to you asking you to pay me money for a debt that I say you owe me.

 

You can say - prove it by showing me evidence...

 

Same here...

[dadofholly]

What have HFO actually sent you?

 

Is the details of the account they have sent you in your name - correct spelling etc.

[coledog]

Hi

 

Are you able to get a hold of the letter you have received and scan it in with personal details removed? I am sure it is just a 'threatogram'

 

Ring Barclaycard on Barclaycard recoveries 0844 556 0066 and ask them what they know about this. I would not bother contacting HFO until you have more info from BC and NEVER speak to them on the phone, everything in writing

[dadofholly]

Hello Guests

There are currently 17 users browsing this thread. (2 members and 15 guests)

[dadofholly]

Panther is the same alleged account?

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?49299-Fighting-with-false-debt-accredited-to-me

[DonkeyB]

Evening all. Looks like BC sold an account they shouldn't have.

[pantherboy]

Wow, thanks for all the replies and suggestions, I will be following up with the prove it letter and contact Barclays as soon as possible.

 

I will post a scan of the letter soon as well (or write it up) as soon as I get home.

 

Thanks again all, I will do my best to keep this updated for others reference.

[dadofholly]

Best to scan it and edit out any persoanl details and account numbers

[DonkeyB]

Is this related to your old thread?

[pantherboy]

@dadofholly and @DonkeyB

 

 

That was me, and it sounds like it is, the only thing is that it was Acktiv kapital then it turned out it wasn't a credit card, that was related to a current account that barclays ended up withdrawing the dogs off in the end as they admitted fault - I updated that thread as well now.

 

For the record, I did have a barclays current account and its always been in good standing order but not a credit card. I have since closed my barclays account (2 years ago)

[broken arrow]

subbing

[questioner]

Yes - best not to speak to any like this unless you have a Truecall system and are using the recording for your own protection. Best to get everything in writing and to send everything recorded delivery so you can prove what you have sent to them.

[Nishikigoi]

Yes - best not to speak to any like this unless you have a Truecall system and are using the recording for your own protection. Best to get everything in writing and to send everything recorded delivery so you can prove what you have sent to them.

 

Stick to letters only, hard to use recordings as evidence in court if needed. Letters are so much more concise and easy for a DJ to re-read etc...

[DonkeyB]

Stick to letters only, hard to use recordings as evidence in court if needed. Letters are so much more concise and easy for a DJ to re-read etc...

 

Recordings are perfectly useful. Judges don’t mind transcripts, usually.

[Nishikigoi]

Recordings are perfectly useful. Judges don’t mind transcripts, usually.

 

'Usually'....with the current DJ 'oddities' I'd not risk it. Nice thing with letters is it's single point of view, a phone conversation with a DCA naturally becomes adversarial (they want money, you want information) this could be a problem. A letter from a DCa with naughty references to out of date cases etc is IMHO much better!

 

Just my opinion though...

[DonkeyB]

This is a call with the OC, not the debt owner, so it is not adversarial. It is for information. We know they seldom confirm facts in writing, which is annoying but true.

 

You are perfectly entitled to record your calls for your own reference. If a judge asks how you know something, simply say you recorded the call for your own purposes so you could be sure of the accuracy of the information. Most half-decent judges would accept a transcript, or if it’s something contentious, even listen to the recording. What would the oppo have to hide, after all? An admission of wrong-doing?

 

I know this because I have done it successfully myself (and I’m trained in the law of using such techniques, mainly from a journalistic point of view).

 

I agree, though, that I wouldn’t recommend it with most DCAs though, unless you’re thick skinned or they are really stupid, to the degree that they cannot write something off to admin error or rogue employee.

 

DCAs tend to tell fewer fibs in letters, because they form an audit trail, as you say.

[dadofholly]

'Usually'....with the current DJ 'oddities' I'd not risk it. Nice thing with letters is it's single point of view, a phone conversation with a DCA naturally becomes adversarial (they want money, you want information) this could be a problem. A letter from a DCa with naughty references to out of date cases etc is IMHO much better!

 

Just my opinion though...

 

The advantage with a phone call is the direct dialogue where you can question any discrepencies on the spot - and some times get more detail than you would from a carefully worded letter.

 

Idealy use both.

[pantherboy]

I dont think I want to talk to the guys at HFO but will Barclaycard, my plan was to record the call, I didn't manager this morning but I have the equipement now so will first thing tomorrow morning

[pantherboy]

The difference in time zones is a bit of an issue so I have to get up early to to do this

[dadofholly]

Blimey different time zones - what part of the world you got to call from?

[DonkeyB]

Time zones? You’re calling India, anyway...