HFO services and Cabot finance

[ODC]

Gem I take it that you know that in the highy unlikely event these two doorstep morons do arrive that they ha NO LEGAL power whatsoever and that if they fail to leave at your request you can involve the boys in blue

[gem88]

i do odc, i just think its just hillarious that this cowboy company makes up these threats!

it will be interesting if they do knock on my door though!

but apparently we are being charged for them being sent to our property! £30 i think they said....for what? to stand and look at our property??!

[gem88]

kettle most def wont be on!! the morons!

we have been told that hfo isnt a mjor debt collecting service and not really that known...except obvisouly for there poor practice and the morons that are sad enough to work there!! so i guess this is why they have to go out of there way to make these pathetic threats to try and get the money out of us!

i will keep you all posted about saturday!! 2pm..cant wait! lol

[Seahorse]

Have you seen their website? They sound really professional and ethical on there. HAHAHAHAHA

 

I've been trying to find employees profiles on MySpace and Bebo to put in my blog, but all I can find are EX employees. I guess they have a bit of a staff turnover problem.

[patrickq1]

hi seahorse try looking up in companies house the HFO DIRECTORS apparently they have several bankruptcies against them over the years very interesting company i am suprised they have got a credit licence in the first place

[gem88]

wow, i cant belive that, how on earth are they still trading?!

but hey, its the way they are and treat people that they dont get any money back.....

[gem88]

i looked on the site patrick and found hfo address and diretor name etc, but no info on the bankcruptcy against them, where would i look?

[patrickq1]

UK business credit reports, risk scores, annual account and company filings online from UK Data Ltd

[gem88]

well surprise surprise....no one has knocked at our door today!! they said 2pm...oh well what a shame. And i went and put the kettle on for them aswell!

seems just another one of there pathetic threat tatics!

[Seahorse]

Send them an invoice for the leccy and biscuits.

[patrickq1]

just stay on the ball they are one sneaky bunch

[patrickq1]

this is a post for you gem to read so in furture you know that you do not worry about HFO and you can post this to HFO just to show them your contempt for what they are ,BLOODSUCKERS

DEBT COLLECTION PRACTICE REVIEW.

 

The OFT has published guidance notes [OFT298] in January 2000 outlining the Director General’s views regarding misleading letters and collection charges with relation to licensing persay, and under the Consumer Credit Act 1974.

 

The OFT has duly reminded creditors and debt collection agencies that the issue of documents;

Resembling a court summons or other official document.

Leading the debtor to believe they come from or have the authority of a court.

Otherwise containing false or misleading information intended to obtain payment.

 

May be criminal offences under the County Courts Act 1984 and/or the Administration of Justice Act 1970.

 

Any practice liable or intended to mislead the debtor – whether as to the origin or authority of any document or as to any other material matter is likely to be regarded as deceitful or oppressive or otherwise unfair or improper within the meaning of section 25(2)(d) of the Consumer Credit Act 1974, whether the practice is unlawful or not.

 

It is an offence under Section 135/136 of the County Courts Act 1984 to deliver or cause to be delivered to any person any document;

Which, by reason of its form or contents has the false appearance of having been issued under the authority of a county court.

Falsely purporting to be a copy of any summons or other process of a county court, knowing it to be false, or to act or profess to act under any pretence of the process or authority of a county court.

 

It is an offence under Section 40(1)©/(d) of the Administration of Justice Act 1970 to falsely present;

A document as having some official character which it has not with the object of coercing another person to pay money claimed as a debt due under a contract.

An individual to be authorised in some official capacity to claim or enforce payment.

 

It is an offence under Section 40 of the Administration of Justice Act 1970 and Section 1 of the Malicious Communications Act 1988;

To harass of debtors with a view to obtaining payment including the issue of letters which convey a threat or false information with intent to cause distress or anxiety.

 

Documents may be in breach of the County Courts Act and/or the Administration of Justice Act even if they do not exactly resemble a court summons or other official document.

 

Documents may not;

By reason of their form or contents or both, appear to have been issued by or under the authority of a court or other official body.

Mislead as to the nature of the processes involved or the likelihood of legal proceedings.

 

All statements contained in letters and other documents to consumers must be capable of being substantiated in the event of a complaint.

 

Debt Collection Charges

 

There is no legal basis for a creditor or a debt collection agency acting on its behalf to claim collection costs from a debtor unless there is an express provision in the original agreement.

 

Without such provision, collection charges cannot be demanded as a debt due under the agreement.

----------------------------------------------------------------------------------------------------------------

 

If an agency claims the right to recover charges under a separate agreement with the debtor, there must be a binding contact to this effect, with legal consideration (ie benefit) provided to the debtor.

 

A letter advising the debtor of a liability for certain charges is not such an agreement, regardless of whether it is signed by the debtor.

 

If an indication of charges payable on default is not included in a credit agreement regulated under The Consumer Credit (Agreements) Regulations 1983, it is not properly executed and will not be enforceable against the debtor without a court order.

 

It is likely to be an ‘unfair or improper business practice’ under Section 25(2)(d) of the Consumer Credit Act if;

Creditors or collection agencies fail to ensure that they do NOT recover collection charges in the absence of an express contractual provision entitling them to do so;

Debtors are led or allowed to believe that they are legally liable to pay such charges where this is not the case.

Any ambiguity in the debtor-creditor agreement as to whether it covers a particular charge, or the permitted amount of the charge is not resolved in favour of the debtor;

Collection charges provided for in the credit agreement are levied at an unreasonable amount and/or are disproportionate to the main debt.

 

All these issues should be relevant to questions of fitness to hold a licence under the Consumer Credit Act, whether or not they result in prosecution of the individual(s) or company(ies) concerned.

 

Under section 25(2) of the Consumer Credit Act the fitness of a licensee can be brought into question by the actions of any of its employees, agents or associates, and section 25(3) defines ‘associate’ for these purposes as including a business associate.

----------------------------------------------------------------------------------

This document is © Copyright to David Buckley. (diskmandave) “Debt Help Resource UK.” A not for profit self help resource.

 

This document may be copied freely as long as it is not for profit. No charge may be levied to pass on this document whatsoever. No postage fee may be charged to pass on this document whatsoever.

 

Exclusive licence is granted to Consumer Action Group (.co.uk) to freely copy and/or distribute this document on a “not for profit” basis.

[gem88]

thankyou patrick, you have been a fab help!

we have asked that future correspondance is to be done in writing only..however we all know that they will choose to ignore this! and will be awaiting another call i expect in the next few days!

im going to do all i can to fight these idiots..and to get the guy sacked who called my partner a f****ing git on the phone!..and i have not been able to obtain his surname still! as they keep sayng that it is not possible to give out that infomation....seems to be there favourite saying!

they said last time in a converstion that we will get charged for having a field assessor Piers Morgan to come out...hmmmmm really??

i expect they will still lie and say that they sent one out!

hfo are idiots,cowboys and are unfit to rade and have a credit licence and i reccommend that evryone who has problems with these to compalin to OFT and hopefully they will investiagte and shut them down!

[gem88]

Send them an invoice for the leccy and biscuits.

 

what do u think would be a fair price to invoise them with seahorse?!!

[Seahorse]

1.5kw at 2 minutes to boil the kettle. 45 pence for a packet of digestives. Round it up to a quid for argument's sake.

 

£38 penalty charge for breaking their agreement by not turning up.

 

Oh, let's just call it £40. Sounds fair enough to me.

[patrickq1]

lol seahorse also gem check what HFO have added to the bill which is illegal anyway but dont worry about them too much

patrickq1

[gem88]

lmao! £40 sounds too little too me! maybe i should just send in a invoice for it!

they better not have added a charge for doing so , considering no one turned up!!!

im not going to worry about them anymore....i just still cant belive the way they treat people....other debt companies are actually nice compared to these!!!

I will be sending of all my letters next week. my cca and sar request along with the letter that you just sent me patrick.

also a letter to morgan stanley complaining that they have sold our debt to hfo and how we are being treated.......any particular wording guys on this or has anyone got any templates?? all your help is so much appreciated

[Seahorse]

You've hit the nail on the head, Gem. There ARE ethical companies out there doing a job that, sadly, needs to be done. Unfortunately, it's the likes of HFO and their cronies that are dragging the whole industry down into the mire with them.

 

There is a perfect opportunity for the CSA and other self regulatory bodies to take a firm hand and weed out the unscrupulous. But that's never going to happen so long as the industry perceives people like us as "vigilante debtors".

 

Come on guys, lenders and debtors alike. Start thinking outside the box, and then perhaps we can all start to live in harmony.

[gem88]

am i right in saying that hfo are unable to put a charge against your property or a attatchment of earnings unless they HAVE taken you too court and have failed to maintain payments to the court??

[patrickq1]

firstly make sure you CCA HFO in order to see the agreement/contract

HFO are a sneaky bunch and are known try this thread i will put it on here for you need some serious advice gem and then you will see what to do and what actions you need to take but first CCA HFO http://www.consumeractiongroup.co.uk/forum/general-debt/84285-ccas-dave-against-world-25.html#post1287021

 

patrickq1

[gem88]

thanks patrick for all your help and you other guys for putting my mind at ease. Atleast HFO have seemed to have gone quite now after they didnt follow through with there threat!

I take it you have had trouble to patrick from these idiots?

[patrickq1]

ive had the silly phone calls,but they have not been in contact since the CCA that was on the 27 nov,ive also heard from the ICO YESTERDAY...they want all details regarding MS who have not fully complied with the SAR request and also they have not replied to the CCA so they are both in breach after xmas and on 1 jan 08 they are then upto their necks in it,i have also reported HFO to the HMCE concerning the company they name HFO CAPITAL LIMITED as it is not a limited co (unless they have only just registered),so i suspect a possible case for moneylaundering needs to be investigated

but they are a very unsavoury dca peeps and it is only right to give them as much as i get,,they thought it was a joke phoning several times a day

see who is laughing in the near future lol

patrickq1

[ODC]

Remember

 

He who laughs last laughs loudest.

 

The more DCAs are reported for alleged unlawful activity the better

[gem88]

well done patrick!

im glad to see peeps are fighting against tese idiots.

are have done my research into other debt companys and not many of them have negative feed back like hfo does.

[patrickq1]

a bit of a read for you gem this is what the organisation scor think about debt and credit sharing data

they now have some 500 members of banks CRA DCA and the like

patrickq1