HFO services and Cabot finance

[gem88]

oh good, I am so glad that they have finally wised up to this cowboy of a company. looks like you did your research well patrick and you know your stuff! well done!

make sure you do keep us informed of anything you hear, i will do like wise too.

gemma

[onecall1]

Funny you should say that patrick as Barclaycard have also gone quiet as I have too reported them for their unscrupulous association with HFO. I reported them to everyone and let them all know exactly how the HFO operation is set up. With a little luck, some bright spark has started the ball rolling and seen this outfit for what they are.

[gem88]

good on you onecall

guess we will have to wait and see what happens now, and please let us know with any updates from the companys! or any nasty calls from hfo!

[gem88]

just a thought, have you guys carie on paying HFO yor normal monthly payments, or have you stopped paying them?

[patrickq1]

to be honest gem i have not paid a penny since my illness,i beleived and was told verbally that they would settle the bill (MORGAN STANLEY) instead they added a further PPI and their reasoning behind this as they stated at the time i phoned them and asked why a second PPI they said it was in case another illness took over ?, on principle i would rather go into the courtroom with this as their is really no excuse because the insurance payments were pitifull the bill was almost 2000 pounds more than what it was when it first started ,they also at the time asked me to destroy the card ...so as for the measly insurance policy it did not pay off anything so as far as i am concerned COURT is the only way to go that is when they decide to take it to court....in reply to docman...this is where the vexhatious litigant comes into play,i may be wrong but if and when they decide to take me to court then they can answer to the four defaults all during the insurance payments and also to the seven different debt collectors they have used...so court action by them in my way of thinking is vexhatious...even if i am wrong they still have a lot of questions to answer i shall go for damages for the harrasment at opprox 40/50 per call that should round off to about 300 calls to date

patrickq1

[davefirewalker]

Interesting development....

 

HFO as you all know have gone EXTREMELY quiet.......

 

well I sent them a final "I do not owe you anything...go away" letter, and one to Morgan stanley re the charges they owe me

 

previously Morgan stanley have sent me the " we dont own this anymore please deal with HFO" letter

 

This morning I got a reply from Morgan Stanley / goldfish saying "we are looking into your complaint"

 

hmmmm very strange, methinks hfo may have passed it back

 

rgds

 

Dave

[patrickq1]

yes dave they have gone extremely quiet i wonder why perhaps they are now reading our threads lol hope so then they will realise dont touch MS cause it gives them nothing but greif

but i suspect they have been caught out and are under a formal investigation by HMO AND TS AND OTHERS with all the pressure from official sources i think they may have started to try and clean up their act as for turnbulls perhaps they are advising that they will also be in trouble and if and when i get a threat from them i intend reporting them for the least little discrepincey to their uppers the law society.....

but at least i am thankfull no hassle and no news means good news ....so i still await their breach concerning my CCA and ALSO MS BREACH for not supplying all details as requested...i think MS will write mine off (well i hope they do) and that will be the end of that

then i can concentrate on BARCLAYS who have also failed to send me a contract for a overdraft that they created themselves as they terminated my account then cleared four checks totaling 1800 ,they sent me my statements but i really cannot fathom them out as they are too complicated to understand ,i think they have done this deliberately so i would not understand whats what....but i am looking forward to dealing with barclays as it is now very very personel and i dont want to lose my temper just yet i need time to think my next move with them....

patrickq1

[gem88]

im guessing that morgan stanley now then do have the debt, as they have sent that letter to you.

 

i look forward to hearing from you patrick on any updates you get on the investigation....

 

we still hear nothing from them, hmmm the silence.lovely!

[patrickq1]

well i did mention they must be reading our threads lol

well yesterday i got 3 calls from the hfo plonkers,

so i have done what dave has suggested put up or shutup,i have also sent the same e mail to both MS AND GOLDFISH now i am filling in my complaint to the FOS along with my medical certificate and asking them to act against MS AND GOLDFISH for instigating and accepting or participating the actions of the harrassment against me and it is really affecting my angina i had three serious attacks yesterday due to HFO ,i am not giving them an inch now concerning all this i will keep you all posted

patrickq1

[patrickq1]

got this e mail today seems not enough peeps are complaining against hfo.

patrickq1

Consumer Credit Act 1974 ('The Act')

Complaint Against: HFO Services Limited

Licence No: 555914

Thank you for your email received on 17 December 2007, regarding the problems you have been experiencing with the above trader.

We are always interested to receive complaints such as yours as they are a vital source of information in helping us to investigate the behaviour of traders that hold consumer credit licences. The trader you have complained about does hold a consumer credit licence.

If a business wishes to be involved in activities relating to consumer credit or hire, including debt collection, they must have a consumer credit licence. The Office of Fair Trading (OFT) has a duty to monitor the fitness of all traders that hold a consumer credit licence. In considering fitness, we take into account whether a business has engaged in unfair business practices. This includes any evidence that traders have not complied with any guidance issued by the OFT. The OFT has, for example, issued guidance to consumer credit licence holders engaged in the debt collection industry. The guidance sets out minimum standards that we expect of debt collection traders, consistent with fitness to hold a consumer credit licence. The guidance is intended to ensure that debt collectors treat debtors fairly. Non-compliance with this guidance will call into question the fitness of licence holders and applicants.

We investigate all complaints received about consumer credit licence holders and, where we have the necessary evidence, we do take appropriate action. In our initial investigation of all complaints we consider how many complaints we have received overall and how strong the evidence is to support any action. It is unlikely that a licence would be revoked on the strength of one complaint. Where we have strong evidence that unfair business practices have occurred, we may take steps to revoke or refuse the licence of the business in question. However, if we are to do this we need to take account of factors such as the number of complaints received how recent they are and how well evidenced. In cases where evidence is less strong we may issue a warning letter to the business putting it on notice that its behaviour, if repeated, will call their fitness to hold a licence into question. Any action we do take has to be proportionate. If an approach from the OFT makes a trader change its behaviour and treat consumers fairly in future, this is preferable to putting a trader out of business.

If we do take any licensing action against this trader it is likely that we would need to disclose your identity to this trader along with details of your complaint. I should therefore be grateful if you would provide me with written authorisation to disclose these details to the trader. I have enclosed a disclosure consent form for you to sign and return to me.

We have noted the details of your complaint, to consider alongside any other complaints we have received with a view to any licensing action we may decide to take. We may therefore contact you again if we require further information. Meanwhile, given that the sanction of licence refusal or revocation is such a significant one there are constraints built into the process for taking such action. For example, because of restrictions in Part 9 of the Enterprise Act 2002 relating to disclosure of information, we cannot disclose specific details about any action we may take, nor comment on any adverse information we hold on individual licence holders.

Unfortunately the OFT has no power to intervene in individual disputes, and therefore we are unable to assist you directly in this matter. However, you will be able to obtain practical advice by contacting Consumer Direct either by telephone (08454 04 05 06) or online at www.consumerdirect.gov.uk.

Consumer Direct is the first point of call for consumers, providing first tier advice on a range of consumer matters, including advice on shopping, information on consumer rights and practical guidance on individual problems and how to gain redress. Where further help is needed, such as specialist advice, face-to-face assistance, or intervention, Consumer Direct refers consumers to another agency, such as Trading Standards Service, that is best placed to assist.

Furthermore, the Financial Ombudsman Service ('FoS') can help with most complaints about consumer-credit products and services if the consumer has failed to satisfactorily resolve the matter directly with the financial institution itself. The FoS can be contacted at:-

The Financial Ombudsman Service

South Quay Plaza

183 Marsh Wall

London E14 9SR

Tel: - 0845 080 1800

www.financial-ombudsman.org.uk

I have also enclosed details of organisations which may be able to assist you. Thank you again for writing to us and bringing this matter to our attention.

Yours sincerely

Miss Jo Kwok

Enquiries and Preliminary Investigations Centre

Markets and Projects

Permission To Disclose Complaint

Consumer Credit Act 1974 ('the Act')

Complaint Against: HFO Services Limited

Licence No: 555914

Reference: Epic/Enq/E/22497

*Please delete as appropriate

I give/do not give* my consent for the Office of Fair Trading (OFT) to disclose details of my complaint concerning the above trader, including my name and address details, in any further action that it may take under the Act or under any other legislation administered by the OFT.

I also confirm that I have no objections/object* to the OFT using the information provided by me in the performance of any of its functions and disclosing that information to others where legally permissible. By way of example, the OFT may disclose such information in connection with enforcement or regulatory action under its own powers or may refer the information to another government department or enforcement authority.

Signed: ………………………………………………………………………………………

Print name: ………………………………………………………………………………..

Address (Please print): ……………………………………………………………………

…………………………………………………………………………………….

…………………………………………………………………………………….

…………………………………………………………………………………….

…………………………………………………………………………………….

Date: ………………………………………………………………………………..

Please note the OFT can only use your details in any action we may take against the above trader if you give your written permission for us to do so.

Additional contact details

In the event of the OFT needing to contact you for further information, it would be helpful if you could provide the following contact details. Please note these further details will not be disclosed to the trader.

Telephone number: (Home)……………………………(Mobile)……………………….

Preferred time of contact by telephone: ……………………………………………….

E-mail address: ……………………………………………………………………………..

[gem88]

patrick, thanks for the feedback..please please please dont let these HFO prats affect your medical health like this

, we both know they are just bullies making threats, and all they could do is take you to court and then atleast all the harrassment will stop!

what did they say to you and how do you know that they are reading are threads?!

I will def be making a complaint against them , and PLEASE EVERYONE ELSE TO DO SO TOO, to stop these cowboys continuing doing so!!

if you could send me the email adys and address I will start posting letters too

[patrickq1]

i am thinking of sending this letter but i know it need to be cleaned up a bit any suggestions are most welcome

patrickq1

 

FOR THE ATTENTION OF,

HFO,MORGAN STANLEY/GOLDFISH

3rd REQUEST FOR INFORMATION

since I have received a recent claim from your representative company HFO . In order to file a legal defence and counter claim ,I shall require the following information. Given that this matter is may soon BE THE subject OF PROPOSED legal proceedings, you will BE OBLIGED to disclose under the Civil Procedure Rules, the information and documents detailed below.

The information I require we expect it to BE FURNISHED within the next 30 DAYS of the receipt of this letter/e mail. If you fail to comply, this will be reported to the relevant authorities, a copy of this letter will also be provided as evidence to the same and a further Order if necessary through the courts legal system to ENFORCE YOUR compliance will be sought.

1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.

2. All records you hold on me relevant to this matter , including but not limited to

a. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditorb. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account held or formerly held with MORGAN STANLEY/GOLDFISH

. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor(MORGAN STANLEY) sent me, with a copy of any proof of postage that you hold

d. DOCUMENTS RELATING to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable)

e. Details of any collection and all charges added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers

f. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied

g. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

h. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed

I. Copies of statements for the entire duration of the credit agreement.

3. Any other documents you may seek to rely on in any court actions

I will require this information within the next 30 days. I must advise you that if the information is not forthcoming, it shall be used and reported (if there is any possible proceedings )to the Courts that you are deliberately trying to frustrate any proceedings and actions I may wish take against you and denying me the opportunity and abilities to file any sort of defence and or counter claim.

Yours sincerely

[davefirewalker]

Hi patrick...

 

I'm sure the freedom of information act only covers public bodies...??

 

i think you might have meant the data protection act....or I could be wrong ?

 

Under civil procedure rules they have to comply with a request for information within a shorter timescale than 30 days if it is going to court. It could be 14 days

 

i'm sure someone more knowledgeable will tidy it up for you

 

rgds

 

Dave

[patrickq1]

no its not going to court dave well not yet unless they want to take me to court,i will remove the freedom of information part i think then

this letter is really for the benefit of all of them giving them notice i intend to defend myself and i am just trying to force closure on all this crap i am getting from HFO as it is bringin on more angina attacks approx 3/4 attacks per day due to HFO phone calls daily

cheers mate

patrickq1

[gem88]

patrick, what are hfo saying now when they are ringing you..usual crap and threats?

dont let it worry you, your health and your life is more important!

being in debt isnt a criminal offence or anything!

[davefirewalker]

Stupid question......

 

have you sent them the "stop bothering me or I'll have you for harrassment" letter.

 

when they call do you actually talk to them ? I have a number display on my phone, if I dont recognise it the answerphone gets to talk to them

 

I sent them a put up or shut up letter, and any futher comms must be in writing.

 

Not had a peep since....must be lucky

 

dont get too upset by these clowns...treat it as a game, if you must talk to them, see how mad you can make them by keeping calm and asking them to answer security questions....or try talking in a funny voice.....or just put the phone down......a good one is to say just a minute.....then just put the phone on the side......they might eventually get the message.

 

rgds

 

dave

[kjme]

i was contacted by these muppets last friday. they spoke to my wife and told her that they wanted to serve court papers on me at this address when she asked why they told her all about the debt that i owed who i owed it to and how much the debt was for. my wife was not named on the loan papers and had no idea of the debt. can anyone give me any info of what i can do about this because as far as i am awear this must be against dada protection act. i have contacted the oft and they told me to send them a letter complaining about what they have done. i have done this and had a phone call from them where i was told if i did not pay there would be someone calling on me sometime this saturday to fill in a investergation form.

 

thanks for any info

 

kjme

[gem88]

firstly kjme, Do not belleive a word they say..we too had them phone up and say that they would be sending a field investigation officer to our house and it was a saturday too..but as you can guess it was just a threat and no one turned up!

they have no legal powers to send anyone round, its just all crap and threats to get you scared so you pay up.

If for anyreason they did send someone round, you dont have to answer or just tell them politiely to leave your premises or not politely!..thats up to you!

if they dont leave just call the police, they will be happy to remove them. they have also broken the data protection laws withus to..the debt is actually my partners, however when they rang for the first time i answered it and they did the same to me what they did to your partner....the told me everything! and they didnt even ask who i was!!

we have had all the threats and crap from them, my partner actually wound them up one day and the guy from hfo ended up calling my partner a git....so professional hey!

and when they rang up the day after again, they refuesd totell me his surname and they couldnt even tell me who they are regulated by..or they didnt understand!

so please dont worry.... request your credit agreement, send this in writing to them recorded delivery...dont speak to them on the phone and request all communication to be done in writing

[kjme]

thanks for you reply. they dont worry me about comming round as they will be told to go away or something. is there any thing that i can do about them breaking the data protection act and is there any form of compensation that i can get from this ie the debt to be lowered or writen off.

 

thanks

kjme

[gem88]

if they cant or fail to send you your credit agreement to you..i cant rememebr how long it is exactly,best to read back on previous threads- think its 30 days...then you legaly can not pay the debt atall.

you can also send of a complaint letter to OFT and TS...The more people that complain, then action will be taking.

HFO may offer you to take a discount off for you, but as many peeps have found this is only valid on the day that they offer it to you over the phone! and if we had moneysitting around in the first place we wouldnt have these debts would we!

what they have done is breaking the law and should not be done..if you have a look a previuos threads there are some letter templates that you can use to send of to companies.

who was your original debt with ?

[patrickq1]

patrick, what are hfo saying now when they are ringing you..usual crap and threats?

dont let it worry you, your health and your life is more important!

being in debt isnt a criminal offence or anything!

hi gem when i took ill i was expecting the PPI to clear the debt and this was also verbally promised so i aint worried

[davefirewalker]

..

[davefirewalker]

if they cant or fail to send you your credit agreement to you..i cant rememebr how long it is exactly,best to read back on previous threads- think its 30 days...then you legaly can not pay the debt atall.

 

 

 

ok just for kjme

 

they have 12 WORKING DAYS......+ 2days for postage,

If they dont supply the cca after that, they are in default......

 

you may if you wish stop paying them, its a personal call. you dont have to pay them

 

if after one calender month after that they still havent complied, they have committed a criminal offence.

 

BUT.....

 

if they do eventually turn up with it even after a year, they may continue to enforce it......

 

IF ITS ANY GOOD.............

 

thats where the experts here come in handy.

 

when you get it back start a thread and post it (delete all personal details, but leave dates)

 

then go to the main cca thread and post a link or ask a question

 

rgds

 

Dave

[kjme]

thanks for the reply

what do i need to ask them for to prove the sale of my debt is now belongs to them and can i ask for a copy of any charges that have been put on to this account.

 

thanks

[kjme]

and also i might be just being thick but what is a cca

 

thanks