Help Needed with HFO Services

[helen62]

Hi everyone, I am having problems with a company called HFO Services, I had a call yesterday from a woman named Trish Weaver who was very rood and with a bad attitude, she asked me if I was working, I replied no then she asked me for my NI number and when I refused to give it to her as I did not know who she was. Because I refused she called me a lire and said that I must be working if I will not give it to her, she was also under the assumption that because I was never in when they call then I must be working, to be honest I tell my family that I am not in because they will not leave me alone and how did they get phone number when I am ex directory? well after she had finished ranting and raving she threatened me with the bailiffs now I am getting anxious can they do this? and what is my husband going to be like if it dose happen ( he is mentally ill) I am in despair I dread answering the phone. What can I do PLEASE HELP. I have also contacted Watchdog.

thanks, Helen

[joneshousehold]

OK, Helen, it's time to take control of your life. Firstly have a look at this forum and read what has happened to others. It will give you some idea on what to do.

 

You need to look at your finances. Presumably these people are contacting you because they think you owe them money. You will need to work out what you can afford and try to negotiate something with them

 

I would also be inclined to send a request for a copy of the agreement. This is to check that they have all the correct paperwork in place. Have a look at these threads

http://www.consumeractiongroup.co.uk/forum/general-debt/73030-taking-back-control-your.html

http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html

The template letter N is the request for a copy agreement.

Oh and also tell them you will not be accepting any more calls in future. All contact is to be in writing only. There is a template but I can't find it. Anybody got a link please?

 

Found it http://www.consumeractiongroup.co.uk/forum/bank-templates-library/37006-harassment-telephone-response-letter.html

[diskmandave]

Further to the last post, they are also seriously in breach of the Administration of Justice Act 1970.

Debt Help UK : Administration of Justice Act 1970 | UK debt consolidation service with free help and advice | UK debt consolidation service with free help and advice

As well as being seriously in breach of the OFT's debt collection guideance.

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

 

A call to your Trading Standards wouldn't go amiss in your favour, what they are doing and saying is bang out of order! They cannot send bailiffs without getting a CCJ and then you defaulting on a repayment order, and even then they have to get an enforcement order!

Trading Standards Central - Trading Standards and Consumer Protection information for the UK

 

The next time they call tell them to communicate with you in writing only and put the 'phone down! It's your house, your 'phone, you don't have to listen to this drivvel and that's all it is.

 

Good luck with it and keep us posted.

 

Best wishes, Dave.

[rory32]

Helen,

They can not send round the bailiffs, they are a DCA their stock in trade is trying to frighten people into paying more than they can afford over the telephone. They have no right to your NI number - you were quite right to refuse this.

 

As jonehousehold says send then the CCA request and the harrassment by telephone letter. Send them recorded delivery or even better by special delivery.

 

If you are a BT customer you can get call barring on your phone - remember it is your phone, you choose who you talk to and when.

 

Do not speak to these people on the phone (they can later deny what was said, unless you record it) insist that everything is in writing.

[bg5067]

hfo isnt a ordanery debt collector they are a debt purchasing company they own your debt so they have full control of it and they can get, people round your house and by law their aloud to make 3 answered calls aday and they have their own soliciting ferm so they can back up what their saying.

[setmefree]

hfo isnt a ordanery debt collector they are a debt purchasing company they own your debt so they have full control of it and they can get, people round your house and by law their aloud to make 3 answered calls aday and they have their own soliciting ferm so they can back up what their saying.

 

Where on on did you get that info from:o

 

Helen 62 send them this

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/37006-harassment-telephone-response-letter.html

 

bg5067 most debt collection companies buy the debt,this doesn't give them any more rights,they still have to follow guidelines. read the link below this will help you understand what they can and can't do.

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

 

setmefree

[calvi36]

send them nothing until they send you the original agreement. Do not buy into what legal weevil is saying. You do not have to disclose anything to this company at this stage. If they provide the CCA then you will know where you stand.

 

Put it this way legal weevil. I'll call your house, shout at you down the phone, call you a liar, demand your NI number. Who am I? I could be anyone, oh while we are at it send me proof of your income, bank account details, shoe size and blood group!

[calvi36]

Forgot to say, you owe me money, if I don't get it I will send bailiffs (heavies) round to your granny's house, take all her stuff and her prize moggy, might even threaten the old dear and kidnap her. This will happen between 3am and 6am am not telling you when though. I won't even bother going to court for an order, I'll just lie and tell you I have done it. But thanks for sending me all your bank details which I am now using to have your statements redirected to your new address (MINE) and a new cashcard so I can empty what you have in your account!

You can't beat a bit of sarcasm, hope you get the message in this!

[setmefree]

Legal weevil,you say that BG is correct in his/her post,sometimes i do make mistakes(i'm sorry).

for future reference could you send me a link that states that a DCA can demand a N.I. number over the phone,send in a team of bailiffs without first attending court for the legal paperwork and are allowed to continually harrass people over the phone.

thankyou in advance for your reply.

setmefree.

[bg5067]

Ok im sorry about the spelling but hfo is not a DCA their a factoring company so they own the debt the wont pass it on to anyone unless they refuse to pay, say for instance you have a debt with barclaycard and hfo buy the debt that means they own the debt a good thing about hfo is that they freeze any interest added unlike debt collecters who do add their not their to force money out of you and that person who was rude to you on the phone was wrong to say that but were are alot better to deal with the DCAs

[bg5067]

sorry missed a bit out their they wont pass it on unless yo u refuse to pay which will be passed to their own employed soliciting ferm and when they buy debts the original comapny sends a letter telling you its been sold to hfo and hfo then send a letter to tell you they have bought and taken over your debt.

[calvi36]

Ok im sorry about the spelling but hfo is not a DCA their a factoring company so they own the debt the wont pass it on to anyone unless they refuse to pay, say for instance you have a debt with barclaycard and hfo buy the debt that means we own the debt a good thing about hfo is that we freeze any interest added unlike debt collecters who do add their not their to force money out of you and that person who was rude to you on the phone was wrong to say that but were are alot better to deal with the DCAs

 

 

"That means WE own the debt a good thing about hfo is that WE freeze the interest", do you work for this crowd then? If you do then no wonder people are treated shabbily going by your spelling. I would strongly suggest that you cease from offering advice on a subject that you know very little about.

[setmefree]

Ok im sorry about the spelling but hfo is not a DCA their a factoring company so they own the debt the wont pass it on to anyone unless they refuse to pay, say for instance you have a debt with barclaycard and hfo buy the debt that means we own the debt a good thing about hfo is that we freeze any interest added unlike debt collecters who do add their not their to force money out of you and that person who was rude to you on the phone was wrong to say that but were are alot better to deal with the DCAs

 

ah so you dont collect debt for anyone then...

ICO

 

 

Purpose 2

 

Debt Administration and Factoring

Purpose Description:

The tracing of consumer and commercial debtors and the collection on behalf of creditors. The purchasing of trade debts, including rentals and instalment credit payments, from business

[calvi36]

BG just use this thread as a training manual and you will learn how a dca should act and behave. As for your "ferm" of solicitors, you are probably paying them for zilch as they obviously have not got a clue about harassment.

[calvi36]

Add this to the training manual.

 

SECTION 40 OF THE ADMINISTRATION OF JUSTICE ACT

 

"S40 Punishment for unlawful harassment of debtors"

1. "A person commits an offence if, with the object of coercing another person to pay money claimed from the other as a debt under a contract, he:
   • harasses the other with demands for payment which, in respect of their frequency, or the manner or occasion of making any such demand, or of any threat or publicity by which any demand is accompanied, are calculated to subject him or members of his family or household to alarm, distress or humiliation;
     
   • falsely represents, in relation to the money claimed, that criminal proceedings lie for failure to pay it;
     
   • falsely represents himself to be authorised in some official capacity to claim or enforce payment; or
     
   • utters a document falsely represented by him to have some official character which he knows it has not.

[*]A person may be guilty of an offence by virtue of sub-section (1)(a) above if he concerts with others in the taking of such action as is described in that paragraph, notwithstanding that his own course of conduct does not by itself amount to harassment".

[calvi36]

Some more. BTW for something to be classed as harassment then it is the debtor who decides what is harassment, if they feel it is, then it normally is.

 

OFFICE OF FAIR TRADING CODE OF GUIDANCE

 

Many activities could count as harassment. It is important to note that 'anything done by a person which is reasonable' when trying to recover a debt, is not considered to be harassment. Both the Office of Fair Trading and trade associations (run by the credit industry) have produced guidance on what activities may be considered harassment and should therefore be avoided by creditors. The following list is taken from the new Debt Collection Guidance for holders of consumer credit licences.

Creditors are warned by the Office of Fair Trading under the Debt Collection Guidance that the following practices are considered unfair.

"It is unfair to communicate, in whatever form, with consumers in an unclear, inaccurate or misleading manner."

 

This includes:

• letters that look like court claims;
  
• not making it clear who the company is or what their role is;
  
• unhelpful legal language;
  
• not giving balance statements about the debt when asked;
  
• contacting you at unreasonable times even when asked not to;
  
• asking you to contact them on premium rate phone numbers.

"Those contacting debtors must not be deceitful by misrepresenting their authority and/or the correct legal position."

 

This includes:

• claiming to work for the court or be a bailiff;
  
• implying action can be taken that is not legally possible such as implying they could take your property;
  
• using a business name or logo that implies they are a government body;
  
• implying that court action has been taken against you when it hasn't;
  
• implying not paying your debt is a criminal offence;
  
• threatening to take court action in England if you live in Scotland or the other way round.

"Putting pressure on debtors or third parties is considered to be oppressive."

 

This includes:

• contacting you too frequently;
  
• pressurising you to sell property or take out more debt;
  
• using more than one collection company at the same time or not telling you when your debt has been passed to another company;
  
• pressuring you to pay in full or in large instalments you cannot afford;
  
• making threatening gestures or statements;
  
• ignoring disputes about whether you owe the money;
  
• trying to embarrass you in public or threatening to tell a third party such as a neighbour or your family about your debts.

[harrythehawk]

So the DCA's are now harrassing people in forums !! I know they read them however just enforces my view of the low depths they will go to get money from people. Helen, please stick to the advice given by "real" people on here, they are worth listening to !!

[bg5067]

I don't actully work for hfo but i have had dealings and i know a few people i dont claim i know anything about them im just telling what i have been told if im wrong then i apologise

[setmefree]

Add this to the training manual.

 

SECTION 40 OF THE ADMINISTRATION OF JUSTICE ACT

 

"S40 Punishment for unlawful harassment of debtors"

1. "A person commits an offence if, with the object of coercing another person to pay money(I aint sent a letter,you don't know who i am but you must pay now) claimed from the other as a debt under a contract, he:
   • harasses the other with demands for payment which, in respect of their frequency(that would be all the phone calls) or the manner or occasion of making any such demand, or of any threat or publicity by which any demand is accompanied,(pay now or we will get the Bailiff's in)are calculated to subject him or members of his family or household to alarm, distress or humiliation;
     
   • falsely represents, in relation to the money claimed, that criminal proceedings lie for failure to pay it;
     
   • falsely represents himself to be authorised in some official capacity(give me your N.I.number) to claim or enforce payment; or
     
   • utters a document falsely represented by him to have some official character which he knows it has not.

[*]A person may be guilty of an offence by virtue of sub-section (1)(a) above if he concerts with others in the taking of such action as is described in that paragraph, notwithstanding that his own course of conduct does not by itself amount to harassment".

 

The red writing gives it to you in Laymans terms,thank you very much for your contribution to this thread.

perhaps you would be kind enough to post us a thread relating to the terms and conditions of your company regarding the treatment of debtors.

Many Thanks

setmefree:)

[calvi36]

"That means WE own the debt a good thing about hfo is that WE freeze the interest".

 

 

Course you don't work for them!!!!!!!

[setmefree]

Ok im sorry about the spelling but hfo is not a DCA their a factoring company so they own the debt the wont pass it on to anyone unless they refuse to pay, say for instance you have a debt with barclaycard and hfo buy the debt that means WE own the debt a good thing about hfo is that WE freeze any interest added unlike debt collecters who do add their not their to force money out of you and that person who was rude to you on the phone was wrong to say that but WERE are alot better to deal with the DCAs

 

please amend your posts

[bg5067]

As i said i dont work for hfo just saying what i have been told and my own experiances in dealing with them im sorry if i gave the wrong impression

[bg5067]

please amend your posts

 

done sorry

[calvi36]

As i said i dont work for hfo just saying what i have been told and my own experiances in dealing with them im sorry if i gave the wrong impression

 

 

You never gave the wrong impression at all, you made it quite clear that you are associated with this company. Care to clarify the use of "We, We and We're in your post?

[setmefree]

bg5067 hopefuly this is a lesson to be learned, on CAG we all bend over backwards to help each other,we do sometimes make mistakes,we are only human.

this particular thread was a person asking for help,many experienced users answered this thread,they all gave helpful links of information to the person which inturn will ease the that person's burden.

you base your posts on the company concerned with other peoples experiences that you know, perhaps now you can relay back to them what you have learned on this site.

we do not condemn you, and we are more than willing to help you should the need arise.

As i stated earlier we all make mistakes,so it's worth asking before making a judgement.

setmefree:)