Re: HFO Capital/Services/Roxburghe v Marie

[Marie L Pollard]

Hello all.

I do hope that you can help or advise me in some way as all would be welcome.

I have spent the last 28 months trying to clear my name with regards to a debt that is registered in my name. I only found out about the debt when I was refused a mortgage and encouraged to to access my credit file. I am now a member of one of the credit reference agencies and they have bee contacting HFO services on my behalf, as have done representatives of my local CAB and the FOS all to no avail.

I contacted HFO services in OCT 2009 and was asked to provide id to prove who I was, which I did. I was then informed that there are 2 defaulted debts registered in my name. I disputed this immediately and was told that they 'would request a copy of the orignal credit agreement from Monument who they had bought the debt from.' 28 months later, I still have not recieved this, despite numerous requests.I was told by representatives at HFO services that 'Monument banked with Barclays' so I contacted Barclays who have no record of this debt. A representative of the credit specialist team from the credit reference agency that I am a member of has recently recieved this reply from HFO servies:

THE OUTCOME:

HFO Services Ltd confirm they cannot amend/delete the entry at this time.

They have informed us that:

"If the customer believes it is a fraud matter then he needs to report it to the appropriate authorities as the evidence suggests that he is the debtor. We have already been through this when he raised a complaint via the FOS. The FOS in their conclusions stated they were sufficiently persuaded that the debt does belong to him.

We are unable to produce a signed copy at this time as monument is not able to locate a copy.

As we have not provided a copy we have placed the account on hold and ceased all collection activity on this account until a signed copy can be produced.

As per the Consumer Credit Act 1974 and OFT's guidance whilst we may not be able to enforce the agreement until documentation is provided, the debt remains outstanding and the underlying obligation to repay remains intact."

They have asked that you contact them directly using the contact details below.

The address provided was different to the previous address that I had for HFO service.

PLEASE can anyone advise me how to resolve this? I have requested copies of letters that have been sent and of course the original credit agreement none of which have been provided.

I have reported this matter to the police, to the Online fraud Organisation. Nobody seems to care or is in a position to help me.

I am not familiar with such matters but do not understand how I am ever going to be able to resolve this matter given that proof of the original credit agreement apparently can not be located. Why then is is lawfull that this debt can be associated to my name and how on earth am I going to prove otherwise?

Many thanks

Marie

[coledog]

Thanks for new thread CB, Welcome to CAG Marie

 

Monument accounts seem to create a particular problem for HFO and Barclaycard

 

Contact OFT as advised

 

http://www.oft.gov.uk/contactus for the attention of Polly Ashford

[DonkeyB]

Did you report this as a crime to the police, and get a crime number?

[Jasper1965]

What exactly did you complain about to the FOS and what were their findings?

 

HFO refer to "the evidence" I guess this means that the evidence comprises of nothing more than your name with a number beside it, have they furnished you or anyone else with anything more tangible? Or are they in a position whereby you failed to prove a negative?

 

You might have been better served complaining to the information commisioner as this is a case of false or inaccurate data processing. I would issue them a sec 10 data protection act 1998 notice (be careful to stipulate how this wrongful data processing has caused you damages eg including but not limited to refusal of a mortgage, credit card loan etc despite good history, being required to pay a higher rate of interest on mortgage, credit cards, loans etc.

 

Then when they ignore it you will probably have to send them a formal letter before action then when they ignore that you will probably have to issue enforcement proceedings against HFO.

 

I'd lodge a complaint with the ICO anyway because that costs HFO, and issue the sec 10 notice. They have 21 days to cease or tell you why they wont, at best you will receive a claim that they are enforcing a contractual right ie you agreed they could process your data.

 

Which takes us straight back to the beginning!! Because you never did sign the contract .

 

it might save one letter if you tell them not to waste your time claiming it to be a contractual right as there was never a contract signed by you but tbh you can say that til you're blue in the face they will just ignore it at the best of times and these certainly aren't the best of times for the HFO group.

 

The ICo take ages to work through a case, HFO probably will have ceased to exist so get a sec 10 in quickly then push for enforcement plus damages proven and unspecified.

[Marie L Pollard]

Thank you so much. I will start my contact with OFT straight away. I spent 12 hours composing and sending emails etc yesterday and so far today I have been working on this since 9am this morning. I have submitted a complaint to the police as I reported this incident last year and having called them at the weekend I was informed that 'they have no record of me reporting this cirme.' I have filled in online forms on the Action Fraud website, contacted FOS and countless other organisations. Nobody seems to be able to help me so I will try the link that you provided. Thanks so much. Marie

[Marie L Pollard]

Hi there. I certainly have, on at least 3 different occasions. One in person, to Cardiff police station, and the others by completing online non emergency incident reporting forms. I have submitted 3 complaints so far and heard back from one of the complaints today, but the response just stated that 'they had recieved my complaint and will be in touch.' I am being sent around and around circles. Thanks Marie

[Marie L Pollard]

The representative from the FOS managed to obtain some information from HFO services, which was more than I managed. However, as he wrote, he 'had misunderstood my instructions and was therefore not in a position to help as this was not a matter for the FOS.' Turns out that he thought that I was trying to negotiate some kind of repayment instead of vehemently stating that this debt is not mine. He did manage to find out where the credit was spent though.

 

There were cash withdrawels from various cash machines and a the card was also used to purchase goods from an online store. I have asked HFO for this information but have not recieved it. This is the point that I initially contacted the police and was told that 'they would start their investigations by contacting the online store to see where the products were sent.' I have recently submitted to seperate complaints to the police as initially when I tried to report the crime as one of identity theft I was informed that 'this was not a matter for the police.'

 

That was South Yorkshire police and then when I was wroking in Cardiff, I presented myself in person, to the police station and this is where I was informed that investigations would commence. However, I rang them at the weekend only to be told that they 'have no record of me reporting the crime.' Hence me submitting another complaint. I have also submitted a complaint to the Information Commisioner with regards to the information that HFO services hold.

 

Worrying, I was informed by representatives of HFO service that they have 'written to me at my mothers address and were told that I no longer live there as I work away in England.' which is true and so has caused me great anxiety. I have questioned my family who state that they 'are not aware of the debt or any letters being sent to my mothers address in relation to this debt.'

 

Thank you very much for your advise. I do not understand a word of it, unfortunately so I will do some research with regards to what you wrote. The fact still remains that 28 months have passed since I discovoured this debt/crime and I am absolutely no nearer to rectifying my credit or having the criminals brought to justice. Even more upsetting is the fact that I have still not been able to obtain a mortgage. Thanks again Marie

Edited February 23, 2012 by citizenB
spacing for easier reading

[Marie L Pollard]

What exactly did you complain about to the FOS and what were their findings?

 

HFO refer to "the evidence" I guess this means that the evidence comprises of nothing more than your name with a number beside it, have they furnished you or anyone else with anything more tangible? Or are they in a position whereby you failed to prove a negative?

 

You might have been better served complaining to the information commisioner as this is a case of false or inaccurate data processing. I would issue them a sec 10 data protection act 1998 notice (be careful to stipulate how this wrongful data processing has caused you damages eg including but not limited to refusal of a mortgage, credit card loan etc despite good history, being required to pay a higher rate of interest on mortgage, credit cards, loans etc.

 

Then when they ignore it you will probably have to send them a formal letter before action then when they ignore that you will probably have to issue enforcement proceedings against HFO.

 

I'd lodge a complaint with the ICO anyway because that costs HFO, and issue the sec 10 notice. They have 21 days to cease or tell you why they wont, at best you will receive a claim that they are enforcing a contractual right ie you agreed they could process your data.

 

Which takes us straight back to the beginning!! Because you never did sign the contract .

 

it might save one letter if you tell them not to waste your time claiming it to be a contractual right as there was never a contract signed by you but tbh you can say that til you're blue in the face they will just ignore it at the best of times and these certainly aren't the best of times for the HFO group.

 

The ICo take ages to work through a case, HFO probably will have ceased to exist so get a sec 10 in quickly then push for enforcement plus damages proven and unspecified.

Hi and thanks

I have already submitted a complaint to the Inf Com. It took all of today to do so. Please can you advise me further what the 'sec 10' is as I don't feel confident doing it given that I have not got a clue what it is. Also, is there a chance that I am making matters worse for myself if I submit it? As things currently stand with HFO services, they do not respond to my requests and state that the 'debt inforcement attempts are currently hold hold because the original document can't be located, but that the debt will remain registered in my name.' Does anybody know how I manage to have my name diss-associated with this debt? Is this only possible once the police, if they ever do, conclude their investigations and manage to prove my innocence? Or is there another way to do it? Thanks Marie

[Jasper1965]

Section 10 dpa 1998

 

10 Right to prevent processing likely to cause damage or distress.

 

(1)Subject to subsection (2), an individual is entitled at any time by notice in writing to a data controller to require the data controller at the end of such period as is reasonable in the circumstances to cease, or not to begin, processing, or processing for a specified purpose or in a specified manner, any personal data in respect of which he is the data subject, on the ground that, for specified reasons—

(a)the processing of those data or their processing for that purpose or in that manner is causing or is likely to cause substantial damage or substantial distress to him or to another, and

(b)that damage or distress is or would be unwarranted.

(2)Subsection (1) does not apply—

(a)in a case where any of the conditions in paragraphs 1 to 4 of Schedule 2 is met, or

(b)in such other cases as may be prescribed by the [F1 Secretary of State] by order.

(3)The data controller must within twenty-one days of receiving a notice under subsection (1) (“the data subject notice”) give the individual who gave it a written notice—

(a)stating that he has complied or intends to comply with the data subject notice, or

(b)stating his reasons for regarding the data subject notice as to any extent unjustified and the extent (if any) to which he has complied or intends to comply with it.

(4)If a court is satisfied, on the application of any person who has given a notice under subsection (1) which appears to the court to be justified (or to be justified to any extent), that the data controller in question has failed to comply with the notice, the court may order him to take such steps for complying with the notice (or for complying with it to that extent) as the court thinks fit.

(5)The failure by a data subject to exercise the right conferred by subsection (1) or section 11(1) does not affect any other right conferred on him by this Part.

[Jasper1965]

Their address

 

 

date

 

 

Your reference................ .......

 

 

Formal Legal notice under the Data Protection Act 1998 (The Act)

 

 

To; The Data controller/compliance Manager.................. .................

 

 

Dear Sir/Madam,

 

 

Please be advised that this is a formal notice issued under Section 10 of the Data Protection Act 1998.

I demand that you cease the processing of my Data by any means whether written or electronically, and all and any sharing of my data with third party individuals and organisations.

 

 

In compliance with the aforementioned Act I hereby give you 21 days from date of service of this notice to comply with this order.

 

For the avoidance of doubt it is denied that any of the exemptions prescribed in sec 10 (2)(a) and/or (b) apply as this data processing concerns a case of identity fraud of which I am the victim.

 

To remove any element of ambiguity I will adddress each exemption individually as follows

 

1The data subject has given his consent to the processing.

This does not apply as the data subject has not at any time consented to this processing. A third party appears to have fraudulently applied for credit using my details.

 

2The processing is necessary—

 

(a)for the performance of a contract to which the data subject is a party.

This is denied because the data subject has not entered into the alleged contract at any time (see 1).

 

(b)for the taking of steps at the request of the data subject with a view to entering into a contract.

This is denied because the data subject has at no time desired to enter into a contract with or attempted to enter into a contract with the concerned party

 

3The processing is necessary for compliance with any legal obligation to which the data controller is subject, other than an obligation imposed by contract.

The only legal obligation which exists outside contract for the data controller is to aid all involved parties and investigative agencies to identify the malfeasor who committed the original fraud, the data processor is processing the data in a manner which does not help identify the fraudster but simply serves to further punish the victim.

 

4The processing is necessary in order to protect the vital interests of the data subject.

The data processor is in fact damaging the vital interests of the data subject by processing the data in the manner they have chosen to pursue.

 

 

The purpose of this request is that I am of the understanding that your continual processing/controlling of my data is provably causing and will continue to cause seriouscause distress harm and damage to the data subject

Specifically because;

 

(i) My credit worthiness is being or has been damaged by your actions as a result of your entries to my credit files.

 

(ii)I have been unable to get a mortgage for 28 months as a direct result of this data processing. This is provable and the personal costs to the data subject are not simply financial but also involve the data subject and his/her family having to endure living in a place and a manner in which they do not choose for an extended period.

 

(iii) I fully expect the police to eventually show that adverse data was wrongly filed which would mean that earlier processing was unfair and unjust.

 

(iv) That the adverse data you continue to process,manage and pass on to third parties impedes my ability to apply for credit or other financial services.

 

(v)That the adverse data you continue to process,manage and pass on to third parties has affected or may affect the rates charged to me by creditors on my existing borrowings.

 

(vi)That as a data controller/compliance officer, you have a responsibility under the Data protection act to observe all principles set out therein, within the act.

 

 

I expect an acknowledgement of your intentions to comply,and if you do not agree, your reasons for being unable or unwilling to do so.

I will give you 21 days to forward this to me in writing.

 

 

Under the Data Protection Act1998,a county court has the powers to order compliance of any breaches it sees fit,together with compensation,at the discretion of the court.

 

Should you fail to comply, or fail to give just and reasonable reasons as to why you will not comply, I will consider making an application to my local Court on notice to enforce compliance, together with costs and compensation. In this event damages may be sought as provable under the Act or unspecified damages might be applied for in respect of the harm done to me (and my family) on a personal level.

 

For the avoidance of doubt this matter has been referred to three police forces, two online identity theft agencies,the OFT and a formal complaint has today been instigated with the ICO.

I should like to remind you that more than 28 months have now elapsed since I first became aware of this damaging processing (by virtue of being refused a mortgage), 28 months during which you have notably failed to provide one shred of evidence to support your assertion that I am the debtor in question or that I entered into and reneged upon the contract as claimed by yourselves.

 

I have also become aware during researching this matter that your group of companies is in a lot of trouble with the regulatory bodies, the group CCA licences are "minded to revoke", the usage of the SRA group licence is under intense opposition and there seems to have been considerable activity recorded at Companies House recently.

In short you are what I would describe as a "very bad credit risk", as such you must understand that any enforcement or compensation proceedings I might need to raise against you would need to be started very promptly as the time, effort and costs involved in litigating could prove wasted if I were to sit back and wait as it appears the entire HFO entity is doomed. You will therefore need to excuse in advance any abruptness in pushing for a resolution to this matter as you will be alloted the bare minimum deemed "reasonable notice" prior to litigation.

Yours Faithfully

 

xxxxxxxxxxxxxxxxxxxx

[Lady Lou]

I have also become aware during researching this matter that your group of companies is in a lot of trouble with the regulatory bodies, the group CCA licences are "minded to revoke", the usage of the SRA group licence is under intense opposition and there seems to have been considerable activity recorded at Companies House recently.

In short you are what I would describe as a "very bad credit risk", as such you must understand that any enforcement or compensation proceedings I might need to raise against you would need to be started very promptly as the time, effort and costs involved in litigating could prove wasted if I were to sit back and wait as it appears the entire HFO entity is doomed. You will therefore need to excuse in advance any abruptness in pushing for a resolution to this matter as you will be alloted the bare minimum deemed "reasonable notice" prior to litigation.

 

Pure genius Jasper!

 

Can I borrow this for my own dispute with HFO?

 

Good luck Marie, your in good hands.

 

LL

[Jasper1965]

Thanks and of course you can Lady Lou. nothing untrue is said and besides being a swift kick where it hurts to HFO and a reverse of the psychological crap they and all the other DCA's have used for years to dishearten "debtors" it also lets them know that you're "clued up" which can help immensely and paves the way for a fast application for enforcement.

 

It can't be a good feeling working for HFO when you start to get people writing in and pointing out in passing just how much trouble the group is in can it?

[Marie L Pollard]

Hello again jasper and 'wow' I am impresed. I confess that I had to read it twice before it sank in. Are you a solicitor? or just unfortunate enough to have had to educate yourself on these matters for personal reasons? Before I act on the information provided, can I please ask for a little more guidance as I feel scared to submit it before clarification of a few facts, well, one fact. In the text that you so kindly wrote, it mentions that HFO services have not 'provided one scratch of eveidence' obviously you put this in there based on the few facts of information that I had provided. Because I don't want to hinder my case in anyway I feel that I should mention that HFO services provided me with, I think it was two, copies of statements that they have apparently sent to my mothers house. I saw the statement which detailed when the credit was defaulted. They also detailed evidence of regular payments, a few of them, before the debt was defaulted. This is when I confronted members of my immediate family as, even though I have no experience of these matters, even I thought that this is surely not the usual actions of criminals. Why would you bother even paying anything back? Anyway, my question is: should I amend the afore-mentioned section of the text that you wrote, given that I initially recieved two statements? Believe me Jasper, this is the only information that HFO services have provided me with. They have ignored my numerous requests for access to information. As previously stated, no copy of the original credit agreement document as been issued. No copies of letters that they state that they sent to my mothers house. I asked them to provide evidence of 'who had informed them that I no longer lived there and worked away' this request has been ignored. All I have ever recieved is the two statements. I can't tell you how much I appreciate your input and can't thank you enough. The debts should be removed off my credit report next year, as the time lapsed since the credit was granted will be 7 years. Will me submitting the form that you suggested disadvantage me in some way. Should I just wait? As stated, I have no knowledge of these matters so sorry for all the questions. I have tried to find a solicitor who will assist me with this matter but have been unsuccessful so far. Are you aware if there is infact legal help that can be accessed? Finally, if the document should be sent, do you recommend that I copy and paste the text into a word document or is there a formal document that I should be using? Many thanks Marie

[alangee]

Marie

 

Just to go back to your original post, have you ever had a Monument account? You also say that HFO say you have two defaulted accounts, what is the other defaulted account?

 

Monument took on Providian Bank customers, and were owned by Barclays - as you are aware. Barclays sold Monument to Raphaels Bank, so it is possible that if you have an account number, they may be able to trace some information for you.

 

Alan

[Marie L Pollard]

Hi Alan

I can confirm that I have never had a monument account and that I had never heard of them before I discovoured the debt. I think, but to be sure I will have to access my folder where I originally saved the copies of the statements that HFO services sent me, that there were two credit cards, with a maximum limit of £500. I will check my file as I am getting myself confused, but basically the debt is related to 'an old Monument account' as HFO services put it. I havn't looked in the file for a while as previously stated I have not managed to obtain much information from HFO services. I do however know that I only have one reference to quote whenever contacting HFO services and they always refer to the 'debt' and not 'debts'. I will check later. I have done internet searches for Monument and get all kinds of information. I would not know where to start. HFO services have never advised me to contact and again the only information that I have is a reference number to be quoted when contacting HFO services. I am not sure if the copy of the statement shows any reference numbers. I will look. Any ideas how I would contact the correct department at Monument? or do I need to contact the other two banks that you mentioned? The manager of my local Barclays bank where I now bank rang HFO services and was, in her words 'sent around the houses' and then she informed me to contact the FOS which I did but they couldn't help. I have never had a bank account other than the ones that I currently use. In addition, I have the same credit card that I have always had and have never applied for or obtained another. Thanks Marie

[Innsmouth]

Subbing to this thread. I think I might end up in a similar situation with my own credit report - I'm just waiting for my login details to be sent before I can check it.

 

Good luck Marie.

[Marie L Pollard]

Hello all.

Just an up-date re my on-going saga with HFO services. Having contacted the Information Commisioners Office I submitted yet another request for access to any and all information that HFO services hold with regards to this apparent debt that is registered in my name! This request was formal and followed a template for a data subject access request that I found online. The ICO told me that the two years worth of requests that I had sent could not be considered because I had not made it clear that I was making a data subject access request so please do make requests formally so that the ICO can act. As suspected HFO services have not responded so now the ICO have written to them and given them another 20 days to comply. I am to notify the ICO if they do not reply. Please read the following extract from the last email that I recieved from the ICO. Obviously they need to be made more aware of complaints against HFO services. To re-cap; make a formal subject data request quoting the Data Protection Act 1998. Send it recorded delivery and contact the Information Commisioner to complain when they do not respond!

 

Thank you for your recent correspondence explaining that you have still not received the information you requested from HFO Services Ltd and it is now over 40 calendar days.

When we receive data protection complaints, our obligation is to make an assessment. An assessment is the Information Commissioner’s view about whether an organisation has followed the rules of good practice for handling information in the Data Protection Act 1998 (the DPA).

Our aim is to ensure that organisations deal with personal information properly in the future. Our assessment decisions can help us to decide whether we should take action against a particular organisation.

You should be aware that we cannot award you compensation if an organisation has failed to comply with the DPA. However we may ask it to change the way it works in the future. We encourage all organisations to take steps to solve problems and to demonstrate to us that they take their responsibilities under the DPA seriously.

Our decision

You were concerned that HFO Services Ltd had not provided you with the information you requested. You maintain you sent your subject access request to them on 1 March 2012 and followed this up on 28 March 2012, to the email address given to you by HFO Services.

In this case we have decided that it is unlikely that HFO Services has complied with the requirements of the DPA.

This is because your request was not processed within the timeframe stipulated in the DPA

We have asked HFO Services to now ensure they respond to your request within 20 working days.

Next steps

Most organisations want to put things right when they have gone wrong and learn from complaints that are raised with them. Although we are not taking further regulatory action at this time, we have asked HFO Services Ltd to consider the information we have provided in order to prevent the situation from happening again.

We will keep a record of your complaint and take this assessment decision it into account if we receive further complaints about HFO Services Ltd. The information we gather from complaints may form the basis for action in the future.

With regards to your request to Monument, if you wish to pursue this we need to see a copy of your request to Monument showing the email address it was sent to or a copy of a recorded delivery slip. However, it may be worth bearing in mind that if you receive the information held by HFO Services Ltd, this may be all the information you require if the debt was sold by Monument.

Thank you for bringing this to our attention, this case is now closed. However, if you do not receive the information from HFO Services Ltd, please let me know.

[Marie L Pollard]

Hi again.

I have posted an up-date at the bottom of this page with regards to my latest saga with HFO services.

I am now goint to send the above information that you kindly provided. Before I do so, I would like to ask your advise with regards to the following extract from your text;

(iii) I fully expect the police to eventually show that adverse data was wrongly filed which would mean that earlier processing was unfair and unjust.

Since we last communicated, I have pursued the possibility of the police becomining involved again and again only to be told the same information ' I can not report this as a crime and the police can not intervene as I am not infact the victim. Monument are the victim given that they are the ones who were duped by a fraudster. I am merely a by-product of this crime so the emphasis is on Monument to report the crime, which probably won't happen given the financial costs that they will incure' As stated to me by more than one police officer. One police officer attended my home after I complained. The moral of the story is; I have wasted more time ans hit yet another brick wall! Given this information, do you still feel it wise that I use the above statement in the letter that you originally composed? Many thanks in advance for your kind help.

Regards Marie

[DonkeyB]

I think HFO Services will probably ignore you for a few reasons.

 

1. They are, historically, proven to be somewhat incompetent.

 

2. They don’t care, because it is likely they will have their consumer credit licence withdrawn.

 

3. Their collection activities are now being dealt with by Roxburghe, as most HFO Services staff were made redundant earlier this year.

 

4. HFO Services’s parent company, HFO (UK) Holdings Ltd (100% owned), is in voluntary liquidation so effectively the liquidator is also the ‘manager’ of HFO Services Ltd.

 

5. The whole HFO Capital/Services set up is simply an investment vehicle for its investors to buy and collect distressed debt. Once they have bled all they can out of the set up, they will move on.

 

My thoughts anyway.

[alangee]

Donkey

 

What happens to all those CCJ's HFO have obtained if they lose their credit licence or go into liquidation?

 

Alan

[DonkeyB]

They stand, of course. The big question I am repeatedly asking is what happens to the CCJs obtained over the years by HFO Services Ltd? There are hundreds, maybe thousands of them. They have value, though the value of HFO Services Ltd was only disclosed as £2 nominal in the winding up documents. It’s actual value was entered as ‘unknown’. I am wondering if the liquidator of HFO (UK) Holdings Ltd is properly ascertaining the existence and value of these judgments, owned by a company which is a wholly owned asset of HFO (UK) Holdings. I would hate to think that HFO Services might be sold on at an unrealistically low value...

 

The judgments of HFO Capital Ltd are unaffected by any of this.