help for my son **WON**

[rory32]

If you click on the link Trading Standards Central - Trading Standards and Consumer Protection information for the UK and enter your postcode in the box and the right hand side and press go it will give you the details of your local Trading Standards Office.

 

Just give them a phone or pop in and explain the situation to them.

[rory32]

It would seem that Barclaycard still own the debt, so complain to Barclaycard as well (Barclaycard are responsible for the conduct of HFO in that they chose to use them) and include them in your complaint to Trading Standards.

[Mamie]

Thanks once again Rory.

 

I take it that was a no to CCA Barclaycard

[rory32]

You could CCA them, but I think it would be better to send them a letter stating that you previously CCA'd HFO. As HFO are Barclaycards agent they have a legal obligation under s175 of the CCA to forward your request to Barclaycard. Barclaycard have the legal obligation to then provide you with a copy of the agreement, therefore Barclaycard are already in default and have already committed a summary criminal offence. Also HFO would stop their harassment if Barclaycard told them to not pursue the debt (as they should have done).

[Mamie]

Thats great Rory,

 

I am just in the middle of writing to Barclaycard, by hand I might add, my PC still down, I will add what you have said.

 

All your help has been much appreciated.

 

rae

[Mamie]

Rory,

sorry to be a pain , if Barclaycard sold the debt to HFO and they have defaulted.

 

I know I have to complain about them, what do I do if they continue phoning.

 

rae

[Mamie]

HFO called six times today they said they have bought the debt.

 

I phoned TS , waited about 45 mins for them to answer the phone, just on 5.30, informed them of my complaint and said I would phone back first thing tomorrow morning.

 

Also wrote to Barclaycard as Rory advised.

 

HFO are adamant that they will phone back and keep phoning till they get money.

My OH who is an invalid was having a lie down when the phone rang, we both answered it, then hung up.

When it rang again they asked to talk to my son, I informed them he was not in they then said that he had answered the phone, and I took it from him.

I went on to explain it was his father, they said it was not, I got very angry and hung up, as I did not want to say something, I might regret.

[Mamie]

Hi All,

 

Rory, phoned the TS and the OFT about HFO, they took note of what I said, unfortunately not a lot they can do.

 

HFO are getting to me now, got enough on my plate without the phonr=e ringing constantly.

 

Would be grateful if anyone has any ideas on this have tried everything.

 

Rae may

[rory32]

Just thinking about the call barring thing, I'm sure there is software you can also get for a mobile phone to block calls.

 

I'll ask someone who knows more about it than me.

[rory32]

What make of mobile phone does your son have?

[Mamie]

Dont know what make of my sons phone, he has stopped answering if the number is unknown, its the house phone they mainly call, the guy from the OFT said just hang up, I have been doing that anyway.

 

I was going to send another letter RD, with what it is costing in phone calls and postage its hard, as I have said my OH is disabled, that is all the income I have.

 

Thanks for your advise Rory, glad your there.

[deedee1310]

Hi Rae May.

 

Rory has asked me to look in. My brother had huge issues with HFO too. They called my parents house (he doesn't live there anymore) and threatened to send "bailiffs" round to the house.

 

Needless to say I sent off a stinky well adjusted Telephone Harassment letter, which I can post here (it's based on the template letter on the site) and sent it off. The calls have stopped.

 

If you could find out from your son what phone he has, I can tell you which software he can buy to block the calls. Let me know. He doesn't have to stop answering his phone. I have it installed on my mobile and it works a treat.

 

The same software can also block unwanted SMS messages from these parasites too.

 

Look forward to hearing from you.

 

deedee

[Mamie]

Hi DD,

 

Sorry my PC is down at the moment, my sons phone is a Samsung D600, I have not had any phone calls the last few days, I didn`t have any for a few days before, they probably got fed up as I wasn`t speaking, just hanging the phone up as soon as they spoke.

 

I will send the harrassment letter once my PC is up and running, I already amended it when I wrote to Barclaycard last week, maybe BC have informed HFO like I asked them to.

 

Thanks for your advice, hope to hear from you soon.

 

rae

[deedee1310]

Hi Rae May.

 

Sadly I could not find any call blocking software for a Samsung D600. If he had a higher spec Nokia or SonyEricsson, then there is a plethora of options.

 

If he changes phones any time soon, let me know what make and can re-advise. BTW I'm off on holiday (hence my slow reply - been busy packing etc), so if you update I may not be able to reply until 29 August. If your son does change phones and I'm not able to reply, go to Handango – The Official Site: Downloads For Your Mobile Device to see the options for call blocking software for his phone.

 

I hope I have not confused you too much.

 

deedee x

[Mamie]

Hi Rory,

 

I PM you about another matter did you receive it.

 

rae may

[rory32]

Yes got it, thanks.

[Mamie]

Rory

 

Was just wondering, when my son accepted his offer from BC, in the letter they asked for his account details for the bank he is with now, for the money to go into, then proceeded to give it to HFO, how does he stand with this as he signed the letter.

 

Rae

[PriorityOne]

Maimie,

 

How do you know that the money went to HFO ? Do you have anything in writing to say that it went to HFO ?

 

I will find a bog off letter for you to send... it's no good telling them not to 'phone; they are more likely to feel empowered by your distress...

 

Give me a minute...

[Mamie]

When my son phoned to see why it was not put into his account they would only say get in touch with Roxburgh, who are HFO, nothing in writing

[PriorityOne]

Ok... send by rec. delivery. If your son receives any more 'phone calls, either hang up immediately.... or just put the 'phone down and walk off leaving them to talk to fresh air.

COMPLAINT

 

Dear Sir/Madam,

 

Your Ref : xxxxxx

 

 

I do not acknowledge any debt to your company.

 

To date, your company remains in breach of my legal request for a Consumer Credit Agreement (Consumer Credit Act 1974); received by yourselves on xx/xx/2007.

 

Please be advised once again, that I will only communicate with you in writing. I have noted your repeated attempts to contact me by telephone over the past few weeks, whilst being in default of my request and some xx weeks/months after receiving it. These have all been duly logged by time and date. Your failure to supply me with a copy of your Complaints Procedure, as requested on xx/xx/2007, has also now been documented.

 

Should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you.

 

There is only an implied license under Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

 

Yours faithfully/sincerely,

 

 

 

[PriorityOne]

When my son phoned to see why it was not put into his account they would only say get in touch with Roxburgh, who are HFO, nothing in writing

 

Maimie,

 

If you still have the letter from B/card stating that the charges would be credited to your son's account, he needs to WRITE to Barclaycard (rec. delivery) and ask them when to expect the money.... attaching a copy of this letter.

 

Do not do anything over the 'phone... you need a paper trail.

[Mamie]

Thanks PO,

 

Will post RD first thing tomorrow

 

Rae

[Mamie]

Yes he still has the letter, I will send that tomorrow also, do I just ask why the money has not gone into the account, or do I have to write the letter again that Rory advised me to write, post 54, they did not respond.

[PriorityOne]

I can't seem to find Rory's letter, so suggest something like...

 

I attach a copy of your letter dated xx/xx/2007 in which you stated that £xx in unlawful charges would be credited to my account.

 

To date, I have not received a credit of these funds and would therefore be grateful if you could confirm when they are likely to be received.

 

Rec. delivery...

[Mamie]

PO.

Rory advised me to write and inform BC that as HFO were their agents and have a legal obligation under s175 of the CCA