Help Needed with HFO Services

[calvi36]

licky licky brown nose setmefree lol. Am not the forgiving type when it comes to how dcas treat unsuspecting members of the public.

[setmefree]

licky licky brown nose setmefree lol. Am not the forgiving type when it comes to how dcas treat unsuspecting members of the public.

 

I love you too CALVI36,but i can see that you are annoyed,i will pop around to yours later and make you a cup of horlicks.

[calvi36]

Am ignoring you now setmefree, I don't do horlicks btw lol.

 

Hope the information we have provided helps you Helen.

[rory32]

Helen,

Just as a point of note - until this new "owner" of the debt provides you with a copy of the agreement (which conforms to the CCA1974) it is an alleged debt. UNtil they can prove:

(1) that you owe them any money; and

(2) the amount owing

you are legally entitled to withhold all payment.

[setmefree]

Anyone here is welcome to harrass me by the way, I would enjoy that.

 

That just says it all,judging by certain posts i av read on this thread,i think it's a case of a line in one of the spice girls songs..(two become one)

[rory32]

I wouldn't flaunt the fact that your a spice girls fan setmefree

[setmefree]

I wouldn't flaunt the fact that your a spice girls fan setmefree

 

ok rory i couldn't think of another way to put it BUT if you tell me what you want what you really really want...i will try another way.

:D :D

[helen62]

Hi bg5067, I'm getting confused with your info, are hfo a DCA or not? I have not had any letter from the original company to say that the dept has been sold and I have not had a letter from HFO to say that they have bought the dept from them so do I ask for a copy of the original contract?

thanks Helen

[rory32]

You can certainly ask for a Notice of Assignment (they are not actually allowed to pursue a debt without issuing one), but without a copy of your consumer credit agreement even a Notice of Assignment is invalid.

[helen62]

dg5067 If you do work for this company I do not think your advice will help much as I have had plenty of that from your colleges on the phone, with not much help. I will tell you something though since I found this sight and asked for help from people I do not know who have given me good advice on what to do, I think you should talk to some one who will listen.

[Janet-M]

Please do not post personal insults against other users any posts containing them will be removed .

 

 

Please use the report post (warning triangle bottom left ) to report any offending posts , Thanks

 

 

Before acting on any advice please be aware that this is a public forum and not all advice given is correct you may wish to consider a users post count / reputation before considering who's advice to listen to .

[calvi36]

Hi Helen,

 

I suggest the following. The suggestions I give are given in good faith and to the best of my knowledge work.

 

1. Do not correspond by phone as you will probably not be able to record conversations.

2. Correspond only in writing and send either recorded or special delivery.

3. Request copy of original Consumer credit Agreement.

4. Request notice of assignment. ( Thanks Rory, closet spice girls fan or maybe even backstreet boys, ahem lol).

5. Keep copies of all letters you send.

6. Inform them that you only wish to be contacted in writing.

 

The ball is then in their court and they will know that if they want to recover any monies from you then they will have to respond.

[helen62]

Hi calvi36, what is a notice of assignment? sorry but I don't want to seem to be thick.

[calvi36]

Hi Helen, when a debt is transferred or sold from a funder to a dca, the debt has to be assigned at the high court. They must provide you with notice of this if the debt is bought by a factoring company. If they do not have this then teehee poor them. Just deal with it in the manner I have suggested helen and you will find out all you need to know. If they do not respond and they take you to court then poor them again, they will have no case and will actually have committed a criminal offence. Hope this helps me old mucka.

[helen62]

Hi calvi36, thanks for that do I send them a letter for a copy of the notice of assignment at the same time as a letter for a copy of the original Consumer credit Agreement? do you have a template you could send me for the notice of assignment please. tar mate

[calvi36]

Include both in the same letter, include a postal order for a quid. The rest of it let them dig and dig until they find what you are asking for. Until the cca is sent and you are happy that this is the agreement that you signed do not pay them a penny. At the end of the day you do not know who this company are, they could be attempting to gain monies unlawfully. It's like i said in one of my previous posts on this thread:

 

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!

 

What I am saying is that anyone could call you or write to you and say you owe us, my attitude is oh do I ffffing really, prove it. This is how I deal with demands for money. I know that you must have been very distressed by the phone calls H, don't call them again. Write Helen, if they do not respond then ho hum smile a lot as you have them where you need them, it's called the sharp end. I gotta go now, chicken is almost ready and yes am the one doing the cooking. If you need help with the letter pm me.

[rory32]

Just a quick note, if they do ever manage to send you something which they say is a copy of the agreement please scan it and post it into your thread. All consumer credit agreements have to conform to The Consumer Credit Act 1974 - most don't for one reason or another so are unenforceable.

[helen62]

thanks for your help. H

[loopy_lou1]

I made a verbal agreement with HFO this morning and then spoke to a friend of mine who is a government debt counsellor - I telephone them back and told them to cancel the agreement because until I receive something in writing from them they can't ask me to make any arrangement with them. I was passed through to an account manager who then said she would demand full payment as we had not agreed. As I have not yet received a CCA or any correspondence from them I think I was within my rights to do this. She then said an agent could call at my house - I live with my parents and they would be horrified to receive a debt collector at the door.

Do HFO have the right to do this as they say they are a factoring company and not a debt collection agency and is there any way I can prevent this? I would be willing to pay a token payment as we negotiated from £1000 to £50! I now know that I shouldn't have made an arrangement and have cancelled it until I receive anything in writing.

 

Please help - they said the Consumer Credit Agreement does not apply to them - they bought the debt from Morgan Stanley on a card for which I owe £3400.

[rory32]

Please start your own thread on this loopy lou. That way you will get a lot more help. Post a link to your thread if you like. I will answer a couple of your questions though.

Do HFO have the right to do this as they say they are a factoring company and not a debt collection agency and is there any way I can prevent this?

They have no more right to come to your door than anyone else and in fact are supposed to make an appointment, not just turn up. You can revoke this right. See letter below.

 

Dear Sirs,

 

Please be advised that I am only prepared to communicate with you in writing. OFT rules and regulations clearly state that 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 English 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 persist in sending “doorstep callers” to my home, you will be reported for harassment and be liable for damages for a tort of trespass. You would also be liable for conspiring in a tort of trespass by acting in defiance of my instructions and sending someone to visit me nevertheless.

 

Should it be necessary, I will obtain an injunction.

 

Yours sincerely,

they said the Consumer Credit Agreement does not apply to them

Complete rubbish. Credit cards are running account credit and you can request a copy of the agreement under s78(1) of the Consumer Credit Act.

[rory32]

Loopy lou if you don't know how to start your own thread or post links have a read here http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

[loopy_lou1]

Hahaha I'm a dummy!

 

I've started one and thanks so much for the prompt reply. I'm scared now.

 

I don't want people coming to my house. OK, I owe them money but this is horrible.

 

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/117710-hfo-services-please-help.html#post1190838

[rory32]

Don't be scared, home visits almost never happen (although every DCA threatens people with them) and you are quite within your rights to tell them to p1ss off.

[JJ.KRISP]

What a muppet

[JJ.KRISP]

I need to get this straight quickly. Are you people advising people not pay their debt? What kind of advice is that? Heres an idea, you took the money, you spent the money and given something must have happened but guess what, you are still liable for the money. All this advice seems to be pushing people away from the facts. If things do start to get out of hand and you do get sued what is your defence going to be? "oh i was on a forum and someone told me not to talk to my creditors". I did and guess who has a ccj now?

 

Heres some advice sort yourself out. Granted people on this forum think they are helping which is commendable but lets face the facts you will at one stage be put on the spot in front of a judge what are you going to do?