Barclaycard Debt 04/05 - HFO Services since 2006. What to do?

[coledog]

I would also respectfully request that the Site team remove that 'subbing' comment or else we will all have to write subb-ing!

 

Do not want to detract from Learningtofly's thread, but this could get silly!

[learningtofly]

Hi all

 

So after a difficult month of family issues, we have found time to make some progress with addressing my girlfriends debts.

 

No more payments have been made to HFO/Roxburghe - and both her and I have recieved numerous phonecalls from witheld numbers - all of which I have ignored - and most of which she has ignored......barring a couple which she has quickly got to saying "everything in writing" and put the phone down.

 

SAR has now been sent to Barclays and CCA request to Roxburghe.

 

Also found girlfriends details on Noddle.......

 

There is no record of the Barclays credit card or default......although it may be too old perhaps.

 

Worringly though there are two other causes for concern.

 

1 - A Natwest credit card with a balance owed of £600+ which was opened April 2008 and states a default in January 2009. She has an out of date card for this which we have found - but says she thought she had paid it back. This is probably unlikely given her history - but she hasn't recieved any written correspondance on this anytime recently.

 

2 - A debt of £1500+ which states it is from Provident Home Credit - opened June 2008 and states a default in July 2009. Having looked up what Provident Home Credit is - doorstep lending with weekly collection agents - I've asked her about this and she is sure she doesn't remember setting this up or anything like this. Guess this needs investigating. No written correspondance on this has been recieved anytime recently.

 

Obviously I need to check the other Credit Ref agencies - which I will do this week.

 

Just wondering though on information requests - should I be sending SAR and CCA requests to both Natwest for the Credit Card and Provident for whatever they are claiming she owed/owes??

[coledog]

Presume that you have received nothing in writing from Rox re: the CCA request? Have you sent the 'Account in Dispute' letter? If not - do so recorded delivery

 

http://www.consumeractiongroup.co.uk/forum/content.php?436-Failure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale

 

Have you tried ringing Barclays? Ask them to tell you when last payment was made on this account and also exactly who they sold this account to and when - it is worth a call. You can inform them that a SAR request has been sent.

 

Barclaycard recoveries 0844 556 0066

 

Regarding the other debts - probably best to leave them alone until you do get any contact from these companies

[BRIGADIER2JCS]

You should I think send both a SAR and CCA requests to these credtors,

because although according to the ICO they might expect an agreement

to be supplied with a SAR there is actually no specific obligation to do so.

[learningtofly]

When we were in the Barclays branch as in my first post I'm pretty sure we were speaking to recoveries on the phone then - and they said the account went to HFO Services in April 2006. Didn't ask when the last payment was made to Barclays though.

 

These other 2 debts nee addressing though don't they? So thought I Should send SAR and CCA requests to both Natwest and Provident. Will do that tonight.

Thanks.

[learningtofly]

Can the SAR and CCA requests be sent in the same envalope to Natwest and Provident?

 

Given that my girlfriend also has an active current account and linked savings account with Natwest - is there any possible issue with sending these things to Natwest?

 

The ultimate aim in all of this is to get her credit record clean - and to ascertain if there are any debts which need settleing - and to do so if so.

 

Currently there seem to be things to consider regarding the old Barclaycard and now the newer Natwest credit card and this Provident Home Credit default.....whatever that is.

[learningtofly]

First reponse recieved following any of the SAR and CCA requests we sent.

 

From Barclays in response to SAR request. Pretty annoyed!

 

I sent the standard template letter - along with added detail as per another template letter I found somewhere else on this site (just spelling out exactly what bits of info we wanted from them).

 

They have replied with what looks like a template letter - referring to our request being in relation to a claim for the sale of PPI. I didn't mention this at all in my SAR letter to them!

 

More annoyingly - they've stated that they've returned the £10 cheque.....but actually haven't returned it!!

 

Scan of Barclays letter attached. What action now?

 

Edited July 19, 2012 by learningtofly
Scanned imagine too small to read!

[learningtofly]

Images don't seem to be coming out clear/large enough - is there a better way than the "inset image" icon in the reply controls?

[42man]

If the 40 calendar days are up, then you should send them a letter entitled LETTER BEFORE ACTION enclosing a copy of the original letter and a copy of the recorded delivery slip, give them a further 14 days to supply your Subject Access Request.

[42man]

Scroll down here and edit to suit - http://www.consumeractiongroup.co.uk/forum/content.php?593-Data-Protection-Act-Non-Compliance-Template-Letters

[learningtofly]

Hello

 

I realise I made this thread over a year ago for my girlfriend – but haven’t followed up in a long time.

 

We got back information following S.A.R request, but everything just seemed so confusing and haven’t really gotten anywhere with anything.

 

Summary is….

Barclaycard Debt:

Defaulted January 2005 according to paperwork that came back with everything they sent after I sent a S.A.R to them…although it’s a bit confusing. Could be June 2005.

 

Balance was about £3000 when passed to HFO Services – 2nd May 2006

 

Over time girlfriend has paid off (to HFO Services) a total of about £600. So due to payments made it isn’t statue barred…..and won’t be until 2018. (Last payment was April 2012.

 

So total remaining is about £2400

 

Whichever of the 2x default dates is relevant – this debt is now beyond 6 years old and is not showing up on any credit reference agency files (have checked them all last month).

 

A friend of ours who works in the industry rang up in April 2013 and a settlement was offered £700, to be paid by end April 2013. This wasn’t paid as girlfriend couldn’t get money together – and we have had no contact with anyone since.

 

Girlfriend has though received demand letters since this time from BCW Group (Buchanan Clarke and Wells) who have apparently been instructed to recover the balance by HFO Capital.

 

First two letters in July and August 2013 were for the full amount…..then most recent – in September was unprompted offering a settlement with 50% off – of about £1200.

 

This is obviously still above the £700 settlement offered in April.

 

My girlfriend is intending to get this settled and wants to just pay off a figure on it. She’s wanting our friend to ring up again and negotiate a settlement that she will now pay.

 

I’m just wondering opinions on this….I’ve been trying to read around again and came across the below on another thread….a similar situation with Barclaycard Debt being taken on by HFO – and someone sending a S.A.R and getting the follwing back as part of it…

 

 

Remember, you also received this in Dec 2011:

 

They've sent a reconstituted copy of my original credit agreement - illegible, the T&C's from 03/00 - again, and a statement of account. What is most important it contains a letter from B/Card which clearly states that, " We are currently unable to provide a copy of the terms of your credit agreement as varied in accordance with section 82 (1) of the Act. We accept that we are therefore prevented from enforcing our agreement with you while this state of affairs continues" it goes on to say, " We can and will continue to take action short of enforcement, which includes reporting to credit reference agencies without telling them the agreement is currently unenforceable, demanding payment from you, issuing a default notice to you and instructing a third party to demand payment or otherwise seek to procure payment"

Well, B/Card/HFO do I care - NO!!

….my reason for mentioning this is that the info we got back from Barclays in Dec 2012 in response to the S.A.R we sent – and got the same thing back as part of the huge reem of info that we received!!

 

Does this have any bearing on what we she should do here. She is tired of this hanging over her and wants the letters and worrying about it to stop.

[BRIGADIER2JCS]

Hi there can only ever be ONE default date for any debt.

 

The account would have been defaulted before being sold on so it would seem the 2005 date is the correct one.

 

I take it this no longer appears on credit reference files?

 

If any part of the 'reconstituted' agreement are not easily legible then they do not meet the requirements of a section 77/78 request made under CCA 1974.

 

As to the CRA reporting this is I'm afraid correct, however a 'notice of correction/dispute can be placed on all CRA entries stating that this is a disputed unenforceable account.

 

I would suggest writing to BCW simply stating that the alleged agreement does not comply with the terms of CCA 1974 and has been rejected and the account remains disputed and no further correspondence will be entered into.

 

This is a deadlock situation imo.

[learningtofly]

Hi again.

 

Yes, I realise there can only be one default date.

 

My stating of, "Defaulted January 2005 according to paperwork that came back with everything they sent after I sent a S.A.R to them…although it’s a bit confusing. Could be June 2005. Balance was about £3000 when passed to HFO Services – 2nd May 2006", above wasn't too clear, sorry.

 

By this I meant that the paperwork recieved in response to S.A.R suggested Jan and June 2005. Probably just unclear though......Jan 2005 makes more sense - with the passing of the account to HFO in the May 2005 thus after the default was entered.

 

You are correct though - this no longer appears on any of the CRA files!

 

Please could you clarify what you meant by the below points:

 

If any part of the 'reconstituted' agreement are not easily legible then they do not meet the requirements of a section 77/78 request made under CCA 1974.

As to the CRA reporting this is I'm afraid correct, however a 'notice of correction/dispute can be placed on all CRA entries stating that this is a disputed unenforceable account.

I would suggest writing to BCW simply stating that the alleged agreement does not comply with the terms of CCA 1974 and has been rejected and the account remains disputed and no further correspondence will be entered into.

This is a deadlock situation imo.

 

I think importantly:

What is meant by " any part of the 'reconstituted' agreement are not easily legible"??

Am I right in thinking "notice of correction/dispute" won't matter here - as the debt isn't on any CRA records any longer?

What would a letter to "BCW simply stating that the alleged agreement does not comply with the terms of CCA 1974 and has been rejected and the account remains disputed and no further correspondence will be entered into." look like roughly? Are there specifics which need to be inlcluded?

 

What is meant by "This is a deadlock situation imo." ?? - I am sincerly hoping that this means that BW will know they cannot enforce the debt - but will continue with their letters to try to, until 2018 when the debt becomes statue barred?!

[BRIGADIER2JCS]

Dead lock - one party says there is valid dispute the other says there is nothing to dispute.

 

Date of last payment or written acknowledgment of the debt?

[learningtofly]

Last payment was April 2012.

 

Balance was about £3000 when passed to HFO Services – 2nd May 2006.

 

Over time girlfriend has paid off (to HFO Services) a total of about £600. So due to payments made it apparently isn’t statue barred…..and won’t be until 2018.

 

So total remaining is about £2400.

[learningtofly]

"I would suggest writing to BCW simply stating that the alleged agreement does not comply with the terms of CCA 1974 and has been rejected and the account remains disputed and no further correspondence will be entered into.

 

This is a deadlock situation imo."

 

This made me think that we can send a letter - and then just sit tight until 2018, and then the alleged debt becomes statue barred?

 

Given they will know this, do you think if we offered a very small sum as full and final settlement they would take it? (Girlfriend doesn't really understand the ins and outs of all of this - and just wants the letters to stop - so paying a small settlement to give her peace of mind and not have this "hanging there" in the background would probably be worth it.....if even an option??

[broken arrow]

Don't give them a penny, just file the letters, they won't take this any further and if they did take court action, they would lose. Really your girlfriend has nothing to worry about with these clowns.

[learningtofly]

Thanks!! I hope/think?!

 

So letters of different types will just continue - but they won't actually do anything further.....no matter what?

 

I understand that this means waiting on it until 6 years of no acknowledgement of debt / payments - so to 2018.......but I can likely convince her to sit tight if thats really the case?

 

Is this similar / the same (sort of logic/situation-wise) as Private Parking Companies - and the "charge" notices they give you.....which are then followed by ever increasingly serious and threatening letters and demands, then from solicitors, then final demands, then last chance before court action.........then it stops.....forever??!?

 

I've been through that a number of times - and realise there is truely nothing to worry about. If we are talking along the same lines here then that's very good to hear?!!

[broken arrow]

The letters will probably stop, as others have stated this is deadlocked and going nowhere.

[broken arrow]

I see CAG have scrambled the link somehow, they really don't like those solicitors, but google the Patel and Wegmuller cases.

[broken arrow]

And now they've moved the link completely, I'm going to get CAGbotted again if I'm not careful.....

[broken arrow]

HFO v Patel and HFO v Wegmuller