I really want to know what happened! The court date must of happened, please up date!

Morning Stormski Thanks for the advice, but that was years ago I couldnt get a debit card. I am ok now, I have a credit card (not with Barclaycard), mortgage, Current account with overdraft, store cards etc. I keep my financial affairs in good order, I know who I owe and how much at the drop of a hat I could tell you. So these 'people' can not pull the wool over my eyes.

Evening all Firstly, I was trying to add my post all day, but I was at work and busy so made it very late by the time I did the post. I have been dealing with these idiots for months... And in answer to someone's question, I couldnt even get a debit card current account, all I could get was a cash card account designed for under 16s. Let me know what you all think, are they expecting me to sign this reconstituted agreement to accept liability? Do they think I am wet behind the ears? What do you think I should do? I want to take this b*stards down, and I want them to hit every step on the way down!! I will check in tomorrow.

I am sorry that my post is in one long paragraph. I do put spaces etc, but it never keeps them..... can anyone help me with that too?

Hello all Are you sitting comfortably? I have a story to tell you..... Earlier this year, I had a letter from a company called HFO informing me that I owe HFO services £1800+ for a Barclaycard. Now the letter didnt have any other information. I called them being the little innocent I am. The reason I called them is because I have never owned a Barclaycard. They sent the letter to arrive with me on a Saturday, and giving me 5 working days to contact them. When I managed to contact HFO service on the Monday - she asked the usual DPA questions, and stupidly I gave her my DOB (which I do not feel they had). I calmly explained that I believe they had made a mistake as I had never taken or applied for a Barclaycard. This woman called me a liar, when I probed her, apparently this card was taken out in 2003, at a London address I was briefly a tennat at. She then told me the card defaulted in 2006. I pointed out, quite reasonably I feel if it had taken 3 years to default, payments would have had to be made - and as I was not aware of this debt, it wasnt me. When I explained that it couldnt have been me, I was 18, in temporary rented accomadation with no income, her response was that maybe your parents took it out in your name? I told her that would be fraud, and it definately wouldnt be a matter for a debt collection agency, but one for the police. This shut her up very quickly. She also said that I was the one who had to prove I didnt take out the card. Now, I was scared a little scared, so I contacted a solicitor, who advised me to write a letter to Barclaycard and copy in HFO stating the reason why I felt that they had no claim. I sent it recorded delivery. This is what my letter said: 24th May 2011 To Whom It May Concern: Ref: Account number xxxxxxxxxxx With regards to the above account number, I have taken legal advice which is of the opinion that a disputed debt lies with a court of law not with debt collectors. I am disputing this account for several reasons as listed below: 1. I have never owned or applied for a Barclaycard. 2. I have been informed that the card was issued in 2003, I was 18 years old, with no income in temporary rented accommodation. If Barclaycard issued a credit to someone of this nature, this is something that needs to be investigated. 3. I have not lived at the address that HFO gave me for 9 years. 4. I have never received a statement from Barclaycard. 5. If this card was issued in 2003 and defaulted in 2006 regular payments would have had to be made to keep the card active for it to default 3 years later. As I was not aware of this account, I would not have made payments. 6. Please also consider that the rented accommodation I was at the time had a communal hall and everyone had access to the post. I received a threatening letter from HFO informing me of this debt, but also stating that they have attempted to contact me on several occasions. This is untrue as I have never had any correspondence from them or any other agencies. I did contact HFO on the 16th May 2011 at 11:57 to advise them of the above. I was informed that it was ‘up to me to prove I have not had a Barclaycard, not them and they will be taking me to court’. I also asked for information to be sent to me to prove that it was something that I was aware of, and again the response I received was, ‘you can see it in court’. This phone call and my request has been ignored as I received a second letter dated 23rd May advising me that I have failed to make contact and they are in the process of preparing and in depth information dossier on my current financial situation. I am upset and distressed with the attitude that I am being presented with. It is not my duty to prove that I did not have this card and this is the reason why I contacted solicitors. If you do issue a court claim I would apply with a defence and this would include expenses including solicitor’s fees, my time and telephone calls. If I do hear from a debt collection agency I will instruct a solicitor under the harassment act. I have copied this letter to HFO Services and I await your speedy response. Kind regards HFO and Barclays seemingly ignored this letter and I kept receiving the letters from them. I contacted the solicitor again who advised to ignore it, they are the ones who had to prove I owe the debt not me. I ignored it as stated, and heard nothing for months. Now I have received a partially written letter from HFO and a letter address to my old address from Barclays. After some bumf about the Consumer credit act etc they go on to say: I enclose a reconstituted copy of you credit agreement. A statement of you account is below: The current credit limit on your account is £0.00 The current balance on your account is £1048.91 Due to the current status of your account, the full outstanding balance is now due. We are currently unable to provide a copy of the terms of you credit agreement as varied in accordance with section 82(1) of the Act. We accept that we are therefore prevented from enforcing our agreement with you while this state of affairs continues. Notwithstanding that we cannot currently enforce this agreement out tights to continue to exist under the agreement. You should therefore continue to pay the debt that has been accrued on your account. We can and will continue to take any action short of enforcement, which includes reporting to credit reference agencies without also telling them that the agreement is currently unenforceable, demanding payment from you, issuing a a default notice to you and instructing a third party to demand payment of other wise seek to procure payment. We refer you to the case of Philip McGuffick v The Royal Bank of Scotland {2009} in which none of these steps constituted "enforcement" for this purpose. Please note that the decision in Carey V HSBC {2009} makes it clear that unfair relationship cannot be said to have arisen between us as a result of the fact that we have not currently complied with section 78 of the Act. To the extent that you seek to allege that an unfair relationship has arisen, such allegations will be opposed. Do they have a leg to stand on?

I will start a new thread, but I didnt take out this credit card, so if they have nothing saying that I did, I dont see how they can enforce it! Good luck BlueBare

I will start a new thread, but I didnt take out this credit card, so if they have nothing saying that I did, I dont see how they can enforce it! Good luck BlueBare

Sorry meant to read, I am new to CAG but not new to HFO! I have been dealing with them since January! Sorry for this mis understanding.

One other thing, Barclays wrote to me via HFO saying that they dont have any signed agreements, therefore cannot enforce the debt, but will do anyway. Can anyone tell me if they can do that?

Hi BluebareI am new here, but not with HFO. First dont worry about that nonsense they have sent you, I received the exact same thing, along with 'court documents'. In reality, if you look carefully they are just information leaflets, not actual claim forms etc. Also if you look, they say that you have 7 days to respond, if you do not respond, you wont hear from them for weeks at a time. I would contact the CAB and ask them to fight your corner, if they had a Debt Management case file on you, they should still have a record and be able to dredge it up. Maybe if you do write to them, let them know that this is causing you undue stress and effecting your health, and if they do insist on issue a claim via the courts, your defense will reflect this in the nature of compensation for your time spent, phone calls, emails, postage and stress. It will get rid of them for a while, at least 6 months, and in that time the CAB can dredge up the old files. You also seem like someone who keeps everything, so I assume you have all that information too. If you do decide to call them, make sure that you with hold your number! You do not want to add to phone calls on top of the letters. Good luck!

Hello and thank you for the welcome! I have already contacted OFT, and they have a copy of all the letters that have been sent. - I will also send it to Polly Ashford. My advice to anyone is do not let them get your number. If you do have to call them, with hold your number. Also beware people have been checking out their liscence status. MTRevoke does NOT mean it has been revoked, it means the OFT have a Mind To Revoke, they are being investigated so all information you have on this company being as bad as they are send on to the OFT. Does anyone know how to not have squashed messages? Also apologies for my spelling mistakes.. I blame spell check.

I am sorry this is really squashed together. I tried editing it, but nothing works! I am also being hassled by this lovely firm. I contact a solicitor as I had never had a credit card and knew this wasnt my debt. A couple of things I would point out, not only is this company a bully, they are very inconsistant. Now if the debt was bought by HFO in 2006, it means that you probably hadn't made a payment for a while before this. This debt was unenforcable. You hadn't acknowledged your debt in 5 years, so really they couldnt do a thing. Unfortunately you have now acknowledged the debt, it will get a little trickier. Requesting a CCA can help, I did it verbally with HFO (as in I got very annoyed with them) and they sent me a letter from Barclaycard with unsigned agreement saying my debt is unforcable but they are still going to enforce it. - Basically they dont have a leg to stand on and are seeing if they can bully me into paying. If they have no signed documents saying you agree to the debt or to pay the debt they can not enforce it. HFO are truely disgusting. They will try every tactic in the book. They said they were gathering a finacial profile on me, they knew I owned property, started sending me court leaflets - trying to convince me they were official court documents and started sending me letters everyday - but more on this in my own thread. Does Welcome Finance still exist? Or did another company buy them out? If you can, write to Welcome and copy in HFO stating something simular:With regards to the above account number, I have taken legal advice which is of the opinion that a disputed debt lies with a court of law not with debt collectors. I am disputing this account for several reasons as listed below:**Insert here***I received a threatening letter from HFO informing me of this debt, but also stating that they have attempted to contact me on several occasions. This is untrue as I have never had any correspondence from them or any other agencies. I did contact HFO on the 16th May 2011 at 11:57 to advise them of the above. I was informed that it was ‘up to me to prove I have not had a Barclaycard, not them and they will be taking me to court’. I also asked for information to be sent to me to prove that it was something that I was aware of, and again the response I received was, ‘you can see it in court’. This phone call and my request has been ignored as I received a second letter dated 23rd May advising me that I have failed to make contact and they are in the process of preparing and in depth information dossier on my current financial situation. I am upset and distressed with the attitude that I am being presented with. It is not my duty to prove that I did not have this card and this is the reason why I contacted solicitors. If you do issue a court claim I would apply with a defence and this would include expenses including solicitor’s fees, my time and telephone calls. If I do hear from a debt collection agency I will instruct a solicitor under the harassment act. I have copied this letter to HFO Services and I await your speedy response. Obviously you can amend the letter with your relevant information and see where it gets you. And you will probably find they will never take you to court.