I have a few, found one last night where he says legal action may be started. I can't remember the full content as I'm in work just now. I didn't think it was proper for DCAs to leave messages about debts on an answerfone machine, particularly at an address where I've not lived for 5 years! Is this in cotravention of the Data Protection Act? Cheers John

Thanks for the reply again and the information. I guess I need to get details of the rules Three/HFO have broken FSA, DCA etc. What gets me about all this is the real hastle factor. These phones go back to December 2004 and here we are, 4 years on and I'm summoned to court. With all the best will in the World, it's very dificult to keep record of every phone call, fax, email etc etc. It's all very trying and to be honest, if I can make HFO 'pay' for their apalling methods - e.g. Leaving a message on an answerfone at a home I've not resided at for 5 years; "xyz, you should be really scared now.... blah blah". Are DCAs allowed to add a disputed debt to a credit reference list? I look forward to hearing from anyone who can help me get this together in a way I can defend the claim and make a counterclaim against HFO. Cheers

Another Update: I've been wading through my piles of papers and I have found 2 letter received from HFO Services dated 15th July 2008. The letters refer to 'assignment' letters sent to me. I can't find these letters and to be honest, I don't recall receiving them - I certainly wouldn't have thrown them away. Going through all the other related stuff I have I discovered correspondence between the following and me: Three Credit Management Robinson Way Solicitors Buchanan Clark & Wells HFO Services I have copies of emails, letters & faxes sent to each of these organisations disputing thepayments on the basis that Three failed to repair the phones and lost one sent to them in July that wasn't returned until September - Not repaired. One of these phones returned from a previous fault was a refurbished one. This is the same phone that Three state could not be repaired under insurance because the charging pins were bent and repair would have to be paid for! I also have details of phone calls between myself and HFO informing them the bills were in dispute. Also the Harrassment warning letters sent to both HFO and their solicitors by recorded delivery. I need to put some meat on the bones of all this information to present my version to the court and the reason for not disputing the bills. I also have a Which Magazine report that states 1 in 3 of the phones provided by Three fail within the 1st 12 months and that Three are least likely to repair under warranty. So that's where I am at just now. Cheers John

Thanks for the reply. It's going to take me a little while to gather all the information together as it relates to mobile phone contracts with Hutchinson 3G back in 2004. I have moved home twice since then! In brief: I bought 2 phones on contract with 3 including insurance. These were as Christmas presents (Christmas 2004 I think) for 2 of my children. Both phones developed faults and had to be returned to 3 for repair on at least 2 occasions. On the 2nd occasion, 3 mislaid the phones and I was passed from 'pillar to post' trying to find what happened to them. After about 8 weeks of no phones, I eventually gave up with 3 and purchased replacement phones for my 'nagging' children with another phone operator. I cancelled my monthly Direct Debit Mandate to 3 as I was so frustrated at the lack of assistance from them A short while later, both phones were returned to me - neither had been repaired! Phone 1: 3 stated the charging pins in the base of the phone had been damaged and therefore would not be covered by the insurance. These pins cannot be seen so how my daughter could have alledgedly damaged them is beyond me. Phone2: 3 sent me a photo copied picture of the internals of the phone purporting to llustrate water damage. The image showed nothing and when I examined the phone, there was absolutely no evidence of water damage whatsoever. Water damage is not covered by the insurance. 3 were featured on BBC's Watchdog programme for being the worst phone operator to honour insurance claims and inventing ways to rebut any insurance claims. The forthcoming letter from 3 demanding payment started to arrive and I wrote to 3 telling them that I disputed the request for payment as they'd lost the phones and my children had no use of the contract. I made an offer to pay for any outstanding calls and for any outstanding contract charges to the date when 3 lost them. From then on, I received no replies from 3. I then started getting letters from Buchanon Wells (I think). I replied to them informing them of the circumstances and the reason I disputed the charges. I believe I subsequently received letters from anouther debt collection agency but have to check on this. The real problems for me started about june last year when HFO Services started calling me. At first, because there'd been so much time in between, I couldn't understand what they were on about. I asked them to send me full details of the alleged claim - I never received these details. I did inform HFO that if it related to the matter of the lost phones that the matter had been in dispute for many years. Then started the barrage of phone calls to my home, to my mobile and to the home of my children where I'd not lived for 4 years. I was informed in one call from HFO that the calls would only stop if I paid the amount claimed - Julie THOMSON the HFO caller actually stated they would 'harrass' me until payment was made in full and this was the only way they would cease. Things became so intollerable with the constant stream of abusive & threatening phone calls (detailled above), I rang the police in Wimbledon who in turn contacted HFO and asked them to cease the harrassing calls, but not even this stopped them. I will have to spend sometime to go through all my papers and dig out what I have. So the above is from memory. The claim has come from Northampton. Sorry it's a little vague at the moment but I'm in work just now. There is always going to be a difficulty when so much time has passed by and moving twice in the intervening period adds to the problem. Cheers John

Okay, time for an update! Yesterday I received a summons from HFO's solicitors. As so much has gone on between myself & my family and this **** company called HFO Services - includings formal letters warning them of harrassment, involvement of the police etc etc, I'm tempted to make a counterclaim against them for: Harrassment Distress caused to my children Distress to myself and partner All the time taken in dealing with the constant phone calls Court costs etc etc etc. Question: Is this something I can do? If so, I was thinking of claiming £750 + costs. That law says: "A person must not pursue a course of conduct - (a) which amounts to harassment of another, and (b) which he knows or ought to know amounts to harassment of the other. (2) For the purposes of this section, the person whose course of conduct is in question ought to know that it amounts to harassment of another if a reasonable person in possession of the same information would think the course of conduct amounted to harassment of the other." Any tips? Am I just wasting my time? Cheers John

When will people ever learn? Wentworth Direct Finance are quite simply motivated by greed. They have absolutely no moral fibre and target the vulnerable with their aggressive advertising. These people border on the right side of breaking the law - just! Personally, I wouldn't touch them with a barge pole. A festering cespit of greed

Hi guys My partner works for the retail giant M&S, she works every other weekend. This Christmas (2008 she was fortunate as her work rota means she'll be off for the weekend Saturday 27th & Sunday 28th. This gives her the opportunity to go and see her son who lives in Leicester and Step father who lives in Buckinghamshire. Today, she received a letter from the store manager stating that if she is rota's off for the weekend 27th/28th December she will be expected to do at least 4 hours, She approached her line manager and told him she'd planned to visit her family that weekend. His reply was quite startling - he told her she must work that weekend or she'd be placed on a disciplinary. I wonder if anyone with knowledge of employee law can comment on this. Last year, the same regime applied. She had planned to visit her mother on her rota's weekend off but instead, had to work. Unfortunately her mother suddenly died during the christmas period and she never did get to see her. Cheers John

To date, I've maintained my dignity and not entered into a slanging match. I don't think it's necessary to inform them I'm recording the call, but I do anyway, just to annoy them. The call I had yesterday started: HFO "Mr John XXXXX" ME "Who is asking?" HFO "This is Michael SMITH HFO Services". ME "Just one moment while I start recording this call." HFO "I don't authorise you to record this call." ME "I don't care whether you do or not, I'm recording it as your previous calls, also recorded, are illegal and harassing." HFO - Silence - he hung up John

Thanks for the replies guys, Fortunately, I've managed to record some of the telephone converstaions also, I involved the police who rang them last Saturday and asked they stop harassing me and take me to court if they feel they have a case, I welcome the opportunity of going to court. Despite the warning from the police, they continue to phone - the last message started: "This is HFO Services, you should be really affraid now. The bailiffs are coming and you can't stop them. They can take what they want and there's nothing you can do about it." Unfortunately, one of my young children collected this message. She was on her own and it put the fear of God into her and reduced to tears . She rang me in a panic afraid they'd turn up whilst she was there on her own. I don't usually use such strong language but, the Indian representative who left the message and has been phoning constantly is ****. Cheers John

I believe I now have sufficient evidence to take HFO Services to court for harassment.I've checked the definition of harassment but all refer to an individual not a company. So my question is:Can I take a company to court for harassment? If so, are there any references to the process or has anyone done this?CheersJohn

UPDATE: I have written several letters and emails to various organisation: Trading Standards - Merton Council Office of Fair Trading Wimbledon Police and HFO by recorded delivery I just had a phone call from Sgt. Rice of Wimbledon police and he did say, it was a civil matter, however, he agreed to ring HFO and ask them to STOP ringing me. Sgt. Rice then rang me back and said he'd spoken to someone at HFO and they will not ring me again. Some success at last. I would however like HFO to feel the pain & distress they inflicted on my daughter, Which organisation controls the activities of Debt Collection Agencies? I might just as well write to them too while I'm on a roll Incidentally, I didn't receive a reply from HFO since sending my recorded delivery letter and, they've still been phoning me - from India.

Thanks for the reply babybear. I really wasn't in the court room for more than 60 secs. All the judge said was: "I've received a letter from Capquest saying it isn't statute barred but you've raised other issues so I'm setting this demand aside. Just have to wake and see what else they decide to do." That was it! I thanked him and left. I was a bit p****d off as I'd paid for 2 hours parking

Thanks for the replies guys Am I best off waiting for Capquest to provide all relevant documentation to me rather than me being pro-active and requesting it? Is CCA a Consumer Credit Agreement? They say in their letter to me that I signed one in 1995! Of course, I have no recollection of this. Cheers John

I'm in the process of putting a few letters of complaint together in respect of this matter. One problem is, I don't want to reveal my present address to HFO Services. Should I therefore send my complaint by letter WITHOUT my address & by email where they can contact me? Any advice? Cheers John

Okay, an update. I attended the County Court this morning to request the Statutory Demand be set aside. At 10:30am I was called to the court and less than 1 minute later I was out! The judge said he had received a letter from Capquest stating the debt was not statute barred but as I'd raised other issues, he was setting aside the demand. He commented, something like 'you'll have to wait and see what action they take now'. So, a few questions: 1. IF a payment to reduce this debt has been made within the last 5 years, I can't win in the basis of statute barred? 2. What should I do now? I haven't received any signed agreements or other documentation from Capquest. 3. What will Capquest do now? Lets assume they issue another Statutory Demand for Bankcruptcy! Any other info would be great. Cheers John

Thanks for the replies chaps, I went to see my daughter this morning as she starts back at school tomorrow. I explained to her what it was all about and ressured her as best I could, She's okay now but was clearly upset and worried. I think the actinons of this company are absolutely disgusting. They evidentally employ some ****. John

Today, 31st August 2008 I received a phone call from my 15 year old daughter. I have been seperated from my wife fo 5 years and moved home twice during the last 5 years. My daughter was in tears as what she described as an Indian man had rung her home and he basically told her the bailiffs would be calling, they can call at any time and they will take away anything they want. This is absolutely scandalous, she was really upset and scared asking 'when will they come dad' and 'will they take my computer away'. I'm a mild mannered man but this has infuriated me so much that I really would 'knock him out' if I had the opportunity. This whole matter concerns an alleged debt to the phone company Three and goes back over 3 years and is in dispute. What can I do? I'm not so concerned about the debt but to 'threaten' a 15 year old girl is just beyond belief. Cheers John

Well, I'm in court on 2nd September to ask the judge to set aside this Statutory Demand. I must confess, I'm scared stiff and for the past 3 weeks, this has caused me huge distress.Thanks for all the support and replies, they do help.Muffin - I'm interested in your reference to 4 years "as you have not paid for four years let them carry on with their silly games for two moe years then the debt will be stat barred and then they can never collect."Why 4 years? What sort of questions did the judge ask you and how long were you there?Personally, I feel like claiming for the distress and time this has taken, but I'm guessing that isn't possible.CheersJohn

Thanks for the reply Elenathion. For others, my situation is similar. I've just copied the details below: I'm seeking some advice on how to deal with a letter I received from Capquest dated 25th July. The letter contained a Statutory Demand for Bankruptcy! To my knowledge I've not had any previous dealings with this company. It refers to an unsecured overdraft my wife and I had with National Westminster Bank prior to 1995. To cut a long story short. We had a joint account, I was made redundant and we couldn't pay it back. I had a meeting with the Bank's regional manager who stated that as there was little chance of them getting their money back, he'd recommend the debt be written off. That was back before 1995. Anyway, for some reason, we'd been paying NatWest £50pm to clear the debt since 1995. It was £11,000 + and now is £5,000. However, about 4 years ago because my wife and I seperated, she cancelled the payment for £50 to Nat West. No further payments have been made since then. This is of course within the 6 years! What should I do? I've spoken to the Bridgend County Court and they are sending me forms to apply to have the case set aside. Will the judge allow it to be set aside and on what grounds can I request this? This is all very scarey! Cheers John

Hello all I'm seeking some advice on how to deal with a letter I received from Capquest dated 25th July. The letter contained a Statutory Demand for Bankruptcy! To my knowledge I've not had any previous dealings with this company. It referes to an unsecured overdraft my wife and I had with National Westminster Bank prior to 1995. To cut a long story short. We had a joint account, I was made redundant and we couldn't pay it back. I had a meeting with the Bank's regional manager who stated that as there was little chance of them getting their money back, he'd recommend the debt be written off. That was back before 1995. Anyway, for some reason, we'd been paying NatWest £50pm to clear the debt since 1995. It was £11,000 + and now is £5,000. However, about 4 years ago because my wife and I seperated, she cancelled the payment for £50 to Nat West. No further payments have been made since then. This is of course within the 6 years! What should I do? I've spoken to the Bridgend County Court and they are sending me forms to apply to have the case set aside. Will the judge allow it to be set aside and on what grounds can I request this? This is all very scarey! Cheers John

29th July 2008. I too received a Statutory Demand for Bankruptcy from Capquest. It refers to a debt (unsecured overdraft) with National Westminster Bank in or near about 1990 - so long ago I simply can't recall. Capquest refer to an agreement dated 1995. It was my understanding, recalling a meeting with the regional manager of Nat West, that the debt was to be 'written off' as they had no realistic chance of collecting. I believe the debt is now 'statute barred' BUT, I'm not sure if my wife (seperated) has made any payments since ...... hmmmm. I certainly haven't. I guess I have to request the court to set aside the demand? Any advice? Regards John

An Update: Several times last night I tried contacting the Halifax on the PREMIUM RATE 0870 number published in their letter. After about 3 attempts at trying to get through to a human being, I gave up in despair. Today, I did some searching on the saynoto0870 site and rang the first geographical number displayed, I eventually got to speak to a human. This is the gist of the conversation. Halifax: “You’ve received a letter informing you that your overdraft facility is being cancelled? Me: “Yes, that’s right. I was shocked and rather alarmed by it.” Halifax: “We send that letter to force people to ring us so we can offer some of our other services. Your overdraft is okay and we’ll contact you again in a years’ time.” To say I’m disgusted at the tactics used is a profound understatement. I find it difficult to believe they can act in such a scurrilous way!! But it is a bank so perhaps I shouldn’t be so surprised! John

Thanks for the replies guys. I haven't even claimed any charges back as I've not really incurred any - no bounced cheque or DDMs! Unfortunately, I don't have a fallback account

I'm afraid you're right Pete. I've just emerged from nearly 3 years without a job and even through that dreadful time, I didn't go over my agreed overdraft limit. Now I have regular earnings credited to my account, things were on the up. Yes, like many, I've had difficulties in the past, but I was getting straight. I was shocked when I received the letter and to be honest, I can't see any bank wanting my business in the current economic climate. I guess I better cancel all my DDMs/SO to avoid the 'illegal' charges. Cheers John

Having banked with The Halifax for 15 years and as far as I can recall, NEVER bouncing a cheque or DDM I was surprised/shocked to receive a letter from them today. The first paragraph reads: Following a recent assessment of your overall relationship with the Halifax, a decision has been taken to withdraw your Current Account overdraft facility in accordance with condition 27.3 of your terms and conditions. This will occur within 2 weeks from the date of this letter. It goes on to say I'll be charged for unauthorised borrowings etc etc. Now this leaves me right up creek street without a paddle. Any suggestions would be gratefully received. John