HFO services and Cabot finance

[Rhia]

Yes they are completely evil I think...even worse than Cabot (if that's possible). I woud suggest everyone who has had a problem sends a complaint to the Office of Fair Trading in London. Contact name is Andy Lowther. Briefly outline your experience. You will only get a sort of polite repy but trust me they are keeping files on such debt collectors and if they get enough they will act. Turnbull Solicitors is in the same building and part of the same company. Have a look on the Debt and Debt Colectors threar there are two or three very interesting posts about HFO.

[gem88]

yes i have read them, it just cant believe what we are hearing! we are due to get a call back on monday and they have asked for atleast a token payment of around £400! which we obvisouly havent got and they also said for us to defer are mortgage payments for 3 months in order to pay them!! we are already dealing with all clear finance who pay are creditors and have been paying off our morgan stanley credit card and they froze interest on it, now hfo are saying that they will not accept this payment and they dont deal with third parties..this isnt legal is it?

we were told that they should do, they also said that they are not a debt company?!? really?...the website said that they are.

what would are first steps in this case? should we speak to them on the phone?

[patrickq1]

everyone who has had a problem send your complaints to the Office of Fair Trading in London. Contact name is Andy Lowther,this is best advice time HFO AND MORGAN STANLEY/GOLDFISH were tarred with same brush,this hfo are a shower and do not speak with them just pick up phone and ask who is calling and what does it concern as soon as they reveal this information,just tell them put everything in writing and put your phone down,and repeat this message on every single call thereafter..patrickq1

[ODC]

yes i have read them, it just cant believe what we are hearing! we are due to get a call back on monday and they have asked for atleast a token payment of around £400! which we obvisouly havent got and they also said for us to defer are mortgage payments for 3 months in order to pay them!! we are already dealing with all clear finance who pay are creditors and have been paying off our morgan stanley credit card and they froze interest on it, now hfo are saying that they will not accept this payment and they dont deal with third parties..this isnt legal is it?

we were told that they should do, they also said that they are not a debt company?!? really?...the website said that they are.

what would are first steps in this case? should we speak to them on the phone?

NEVER SPEAK TO THEM ON THE PHONE

What they are telling you to do is a complete and utter breach of OFT Guidelines on the collection of debt. Have a read

 

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

[gem88]

and if they take us to court and the court can see that we are paying through a debt management plan?...will the re payment that we were paying, or are paying still remain the same would you think?..as we have no extra money we could pay them or we wouldnt be doing a debt plan if we did!

[ODC]

You really need to report these assholes to Trading Standards

[Seahorse]

You really need to report these assholes to Trading Standards

 

 

And to think I got CAGbotted, just for saying feckers!!!

 

[gem88]

what is a cca request guys? ...im too being harrassed by hfo...

[ODC]

A CCA request is a formal request to a DCA requesting that they supply you with a copy of the credit agreement you signed. They have 12 working days to produce it. Send the letter N from the link below. Send it recorded delivery with a £1 postal order. Do not sign the letter and remember to write at the top of it I DO NOT ACKNOWLEDGE ANY DEBT TO YOU OR ANY COMPANY YOU PURPORT TO REPRESENT

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-162367.html

[gem88]

And what happens if they take any longer than the 12 working days to suppky this infomation or cant supply it atall?

[ODC]

If the cannot supply it within 12 working days THEY are in default and a debtor can legally refuse to pay. If they still have not produced a properly executed agreement containg all the prescribed terms after another calendar month they commit a Summary Offence and should be reported to TS if they make any more demands for money

[gem88]

ok thankyou,I'l be requesting one of these this week then..I'l let you know how we get on with it all

[ODC]

Keep us posted on the DCAs response

[GAVH1981]

I have today recieved what in my eyes was a threataning phone call from a person called Philip at HFO Services, He said he was the manager i think ( i found him hard to understand with the accent he had) He told me that i owed over £3k to a company called Welcome Finance who had sold the Debt on to them. I was aware the debt was there. Anyway to cut a long story short He called me whilst i was at work i explained that i could not talk to him, but if he could call back in the morning i would talk then. He refused and said this needs to be sorted immediatley. I said i am a single bloke earning not much money, so i could only afford £40 per month. He said this was not enough and that it should be at least £170 with an immediate payment of £100 to stop a distress warrant being issued. I said that its too expensive and i simply cant afford the high payments. He then informed me that coz i aint paid today, someone will be visiting me for payment!

 

I see other people have had dealings with this company. Where do i stand?? HELP!!

[ODC]

Wait until the idiots put something in writing, Start a new thread of your own so as we can advise you without the replies getting mixed up, NEVER SPEAK TO THESE PEOPLE ON THE PHONE EVER

[patrickq1]

finally i have now sent my CCA to HFO ,though only just out of hospital i have decided that CCA first and when they fail to produce i shall then start with my complaint to TRADING STANDARDS,furthermore i shall also be making a formal complaint to the ICO and TS against MORGAN STANLEY for failing to produce under SAR notice (failing to produce all letters call records and the CONTRACT and for passing this debt to a third party whilst in dispute)so i will keep you all posted

patrickq1

[patrickq1]

well it has been seven days since i CCA HFO

and this morning i have received from MORGAN STANLEY THAT WITH EFFECT FROM THE 14 JUNE 2007 WE HAVE SOLD YOUR ACCOUNT TO HFO CAPITAL LIMITED

from now on ,you must accordingly direct all payments due under the agreement(no agreement no contract has been shown by MS they have defaulted under the FOI)

as well as correspondance and enquiries ,to HFO SERVICES which is servicing the account on behalf of HFO CAPITAL LIMITED

NB.

although the assignment does not effect the terms and conditions of your agreement,you should note ,that from now on.no variation,ammendmant,release or waiver of your obligation to make payment may be granted without prior written consent of HFO SERVICES LIMITED

As i see it HFO will be in breach of the CCA within the next five days ....what will my options be,i am of a mind to write by registered letter again to MS and remind them that they have during default passed this debt to another party and they are still in default for not supplying the contract /agreement...is their any wording i should use

patrickq1

[surprise]

I'm sure DaveFireWalker won't mind be posting this here for you he is in the same boat and so is my daughter. I don't know how to do a link, have tried before, but useless OAP.

 

Quote

just in case any of you are still reading this rather boring thread

 

just fired a letter off to morgan stanley...(another one I'm going after)

 

the cheeky so and so's have "assigned" my debt......not while its in dispute they havent

Dear Sirs

 

I am again in receipt of a third party letter demanding payment of my account this time from HFO services. Apparently you have unlawfully assigned this debt!

 

As you already know, this account is in dispute and has been for some time. Your promises of the refund of my charges have come to nothing, as is I suppose your promise of removing the unlawful default placed against my account.

 

You are in default of section 78 of the consumer credit act in that you still have not supplied an executed agreement. You are also in default of section 85 in that as no executed agreement exists you could not possibly have complied. I have let this lie for some time, but will now act upon it. I believe that the “agreement” is improperly executed and unenforceable at best, unexecuted and irredeemably unenforceable at worst. I shall be filing an N1 as soon as I get my POC sorted.

 

While this default exists you may not enforce the debt at all. This includes demanding payment or passing the debt onto third parties. You have already been previously warned via Section 10 of the data protection act about unlawful processing of inaccurate data. I shall also be doing a check on this and if it is found that you have been continuing to process my data inaccurately and unlawfully I shall file a complaint with the information commissioner.

 

This default has gone past the deadline for a criminal offence to have been committed and a complaint is being prepared for the relevant authorities. This offence carries a fine of £2500 or 6 months in prison or both.

 

Continuing to ask for payment will further compound this offence and will also be seen as harassment .

 

I hope to see you in court very shortly

 

 

and I have also sent this to HFO services

 

HFO services ltd.

 

 

Dear sirs

 

Please find enclosed my letter to morgan Stanley / goldfish

 

Please be assured that I know my rights, and will not be bullied.

 

I again state that all contact MUST be in writing, so that an evidential trail can be produced in court, and that any calls WILL be recorded without further warning.

 

If you feel like taking me on I suggest that you make sure that you have a PROPER copy of my EXECUTED regulated agreement.

[patrickq1]

i have just noticed the HFO BILL they claim is £4503 and MORGAN STANLEY bill is £3772.36

[gem88]

yes isny it funny how, the bill just seems to keep going up and up!! it was originally £3047 last year with morgan stanley and we are pagying them through a debt managent compnay and now it has been sold to hfo and we have recieved the exact letter as to what patrick was sent from morgan stanley stating that the balance was something elses..then recieved a letter from hfo in which the debt is now just over 5k!!!!

[gem88]

could someone please kindly tell me that when i semd off the cca letter and sar request letter, would i send that to HFO or morgan stanley??

[ODC]

CCA to HFO and SAR to Morton Stanley

[gem88]

ok , many thanks! just had a phone call from them tonight saying that they are sending round 2 field investigation people round on saturday at 2pm! how funny, we asked to put everyting in writing, there reply was ' sorry, thats not possible'...we have just hung up!!

[Seahorse]

TWO Doorstep Dickheads? They must be worried that you might shout loudly and reduce a Single Simpleton to tears.

 

I take it you won't be putting the kettle on when they call.

[pmhcfc]

TWO Doorstep Dickheads? They must be worried that you might shout loudly and reduce a Single Simpleton to tears.

 

I take it you won't be putting the kettle on when they call.

 

Perhaps the kettle will be on for the police when they come round to shoo them there field agents away