Hfo

[golfr32]

hi guys, back once again.

 

ok i sent off letters requesting all info that we had right to on the 13th dec....to this date i have nothing from 3G or HFO to our current address.

 

however surprise surprise letter claiming to be from 3G was sent to my husband's parents address, even though it clearly states our new address on the letters i sent. The 3G letter is stating that they have passed on the debt to HFO and all payment should be made to them............no copy of contract. Also they got a letter from Turnbull ( i believe this is HFO solicitors) threatening legal action in next 14 days if we do not pay up, but nothing from my requests of payment or the 1st installment we paid. This letter was dated the 14th DEC, day after we sent the letters by registered post. Also that they will obtain a County Court Judgement if we do not contact them.

 

I have noticed from the 3G letter they have sent this time, claiming to be from 3G is totally different from the one we got back in september when we 1st requested this info from them.

 

I have now several questions, and any help will be much appreciated.

 

1 - i am def going to the OFT next week we all correspondance, will they beable to do anything?

 

2 - do i write back in response to these letters or do i ignore and say we never got them has they sent them to my husband's parents address and not ours?

 

3 - i can scan the letters for you to see.

 

4 - they have obviously recieved the letters requesting for all contracts etc, but have decided to ignore.

 

PLEASE HELP!!!!!!!!!!!

[golfr32]

just so you know i have contacted OFT and logged call with them via phone today.

 

Docman/Partickq1 - you stated earlier HFO would be very quick to commence legal proceedings, would you please let me know what would be the best possible way now. Do we wait and let them serve us court papers and take it from there, or respond to the letter that the Turbull solicitors have sent us??!!!???

 

letter from solicitors - 'we have been instructed by HFO Services Limited in connection with your outstanding amount of £......... We understand from our client you are refusing to pay your debt.

We are instructed to commence legal proceedinsg against you without further notice unless your debt is stettled within 14days of this letter. We intend to sue you for £........, together with court costs and solicitors' costs. We also reserve the right to sue you for part of the balance. When we obtain a county court judgement against you, we will seek to enforce this against your income, assets and property. You should seek advice from your own solicito if you are in any doubt as to the seriousness of your situation.

if you would like to discuss your debt or make arrangements to pay, please call our client on ...........'

 

as it is the 28th dec today, im assuming the time is up and they will be obtaining a CCJ. still nothing more from 3G and no reponse to me CCA's or SAR. Not even letters of acknowlegdement.

 

thanks

[onecall1]

Hi GOLFr32

 

Just picked up your thread and read it with interest. You have nothing to fear from HFO, they are a bunch of cowards. I heard from them in August and initially felt very concerned. I too had a couple of telephone conversations with them where they threatened me and reeled off details about my bank accounts etc! Very intimidating.

 

Firstly, check the first letter from 3G against any other correspondence you have from them. It is very likely that the headed paper has been scanned by HFO. This in itself is an illegal act as they are fraudulently producing documentation to give themselves financial advantage.

 

Like you, I agreed to make regular payments but requested a payment book. However, this did not arrive, just Court papers!

 

Having sent all the usual requests for information, nothing was forthcoming from HFO, Barclaycard or Turnbulls and now I am just awaiting a Court date. I cant wait to see them in Court. They have not provided me with anything and even their particulars of claim are wrong.

 

It beggars belief that a company which does this every day gets it so wrong. They file so many actions with Wandsworth Court that the judges are totally fed up with them.

 

My advice to you would be to cancel your credit card. They can always issue another one with a new security number etc. That way HFO wont be able to use the details again.

 

Send lots of letters and keep copies of everything. If it goes as far as Court and you have not been provided with a properly executed CCA, they will look very silly.

 

Take care and keep us posted. ;-)

[sillygirl1]

HFO have now taken to using Croydon County Court as well as Wandsworth, Croydon are aware of their tactics and will help you file a counter-claim.

 

I believe companies like this should be MADE to show up in court and not go for judgement by default which is what they are hoping for. These days luckily people are becoming wiser and realise it is easy to tackle them in court just by showing up.

[patrickq1]

letter from solicitors - 'we have been instructed by HFO Services Limited in connection with your outstanding amount of £......... We understand from our client you are refusing to pay your debt.

We are instructed to commence legal proceedinsg against you without further notice unless your debt is stettled within 14days of this letter. We intend to sue you for £........, together with court costs and solicitors' costs. We also reserve the right to sue you for part of the balance. When we obtain a county court judgement against you, we will seek to enforce this against your income, assets and property. You should seek advice from your own solicito if you are in any doubt as to the seriousness of your situation.

if you would like to discuss your debt or make arrangements to pay, please call our client on ...........'

hi golf sorry not been on for a while,

(1)did you cca HFO and make payable your £1:00 payment...if so they must respond with the origional contract,within the allotted time frames

(2)make sure all posts are recorded or special delivery ....you must get a letter to turnbills letting them know that their clients HFO are in breach of your request.and remind turnbulls that you intend to defend yourself in court against HFO

(3)do send your complaint to the ICO that HFO are now in breach of the cca.

(4)do not worry too much about HFO and listen to what sillygirl has said concerning your defending your case ,and the courts will give you all the help you need

(5)if they have sent a contract post it on here so wee can all see wether it is corrct format also when you do post any letters to any of them print your name,never sign anything,

[golfr32]

Happy New Year Guys and BEst wishes for 2008.

 

onecall1 - don't worry cancelled my credit card and asked for new one straight away as i didnt trust what i did when i made that 1st installment.

 

Sillygirl1 - we are now waiting for the court letters, but knowing the fact they can't even get these letters sent to the correct address, they are prob at my husband's parents address, which i have asked him to check.

 

partickq1 - no need for apologises, just annoying and slight stressful when they don't respond to what you have asked for, thanks for coming back to me on this.

1 - i did cca hfo with the £1 payment and i also s.a.r. them to with the £10 payment, i also did the same to 3G....yet no response to the cca, they still have time on the s.a.r. i believe.

 

2 - all letters were recorded delivery and i have kept all copies and reciepts too. i have also like you said wrote back to turnbells in reponse to there letter and also to state that they are still sending letters to my husbands parents' address and not ours as stated on all correspondance - idiots cant even get that right.

 

3 - i had someone call me back from OTS - and i am seeing them on fri, as i am def that the letters sent by HFO claminig to be from 3G are not real.

 

6 - im not stressing now, its just frustrating more than anything, and just been newly married and moved into our new place, it's something we just dont need at the moment. anyways peeps are in worse situations than us.

 

5 - i'll scan the so-called letterfrom 3G that HFO sent us, im not at work at mo, but will get scanned in and post. But i know this is fake as it is totally different from the one they sent us back in Sept, stating them samething from 3G.

 

thanks all for all your help, i will post the so called letter and also keep you updated what they will say at the OTS on friday.

[golfr32]

sorry forgot to ask, who are the Information Commissioners Office?

 

thanks

[Alphageek]

(3)do send your complaint to the Information Commissioners Office that HFO are now in breach of the cca.

 

I am not sure the Information Commissioners Office are the correct body to complain to about a breach of a CCA request.

 

Information Commissioners Office is for S.A.R - (Subject Access Request) breaches.

 

But in any case, my brief flirtation with the Information Commissioners Office has proved that they are a complete waste of time.

 

The only possible use they have is in helping you prove to a court that you have exhausted all possible attempts to resolve a dispute.

[Docman]

Complaints about failure to comply with a CCA request should be made to Trading Standards but usually only after a further 30 days after the failure has elapsed when they have committed a criminal offence. Remember, the failure is 12 days + 2 days for service after you have sent your request.

 

Many Caggers would also recommend waiting to complain to TS until HFO taken further enforcement action after their failure ie they write demanding money.

[patrickq1]

this is my last letter to GOLDFISH/MORGAN STANLEY HFO AND TURNBULLS.........

 

FOR THE ATTENTION OF

MORGAN STANLEY

REF :xxxxxxxxxxxxxxxx

in conection with

REF:xxxxxxxxxx

 

 

 

 

MORGAN STANLEY

&

HFO CAPITAL LIMITED

YOU ARE NOW JOINTLEY TO BE HELD RESPONSIBLE FOR THE DUE BREACH OF THE CCA 12+30 DAYS

BOTH MORGAN STANLEY AND HFO FAILURE TO COMPLY

YOU NOW HAVE A FURTHER 10 MORE DAYS TO RESPOND FAILURE SHALL RESULT IN A SECOND REPORT TO THE RELEVENT AUTHORITIES,WE HAVE ALREADY MADE OUR COMPLAINT HOLDING

MORGAN STANLEY

LEGALY RESPONSIBLE FOR THE ACTIONS OF HFO CAPITAL LIMITED

SINCE WE HAVE BEEN CONSTANTLY HARRASSED BY THE NAMED COMPANY HFO AND AFTER WE HAD NOTIFIED YOU OF THIS COMPANIES ACTIONS YOU HAVE STILL SEEN FIT TO USE THE NAMED COMPANY HFO

 

 

 

[]s.77(4]

]If the creditor under an agreement fails to comply with subsection (1

he is not entitled, while the default continues, to enforce the agreement; and

b) if the default continues for one month he commits an offence[/font]

 

s.78(6

If the creditor under an agreement fails to comply with subsection (1

a) he is not entitled, while the default continues, to enforce the agreement; and

b) if the default continues for one month he commits an offence

[golfr32]

ok so went to Trading Standards yesterday. I told them everything from beginning to end, and they will be contacting 3G and HFO on our behalfs next week. However they didnt seem to concerned about the fake letters!!!!! And were more about that we should come to an agreement with them to pay the money and claim back later if they can not produce anything. I believe they thought we were trying to not pay the debt, but i stated clearly that if it wasours, ofcourse we would pay. The fact that my husband has no paper work from 3years ago to prove whta happened back then. I will however wait until next week and see what happens. They did however take copies of everything i have done so far.

 

In the meantime i have just this morning recieved letters from 3G, dated 29 december 2007. 1st one in response to my C.A.R. ( i think as they have stated in response to you credit agreement), they have tried to contact us by phone, but unable to reach us, to get our account info we should contact HFO!!!!! And if we would like to get a copy of our credit file we should contact Equifax - what have they got to do with it?????

 

Then in response to my S.A.R. they once again tried to call us, but unable to reach us!!!. We need to contact another department to get all conversation noted on our account at a different 3G address, but shouldnt they be sending this on, as why should i pay another 10 pounds for this request!!! And the last paragraph stated that 'we are unable to discuss any account information as the address our new address does not match what they have on record, therefore they request us to call or write to them with the following details: name and signature, address (old and new), account/mobile number and my our request. Once they recieve this info they will action our request.....they obviously need my husbands signature for something!!!!!!!!!!! we have never signed any letters and i do not intend to do so either.

 

Honestly this is beyond a joke. Ive paid payment to them for a c.a.r. and also a s.a.r., but now they want me to chase another department that is part of 3G. I clearly stated all account numbers and mobile numbers. I also stated that the address on the letter is the one they should send all correspondance and that i will only with them in writing....Im tired of the constant run around and they amount we are spending on register post...

 

Should i write back in response to these two letters and state that i am still waiting for my c.a.r, which i sent a postal order of a pound, and still nothing, it was sent on the 13th dec, and responding to their letter about my s.a.r., that i have already sent payment of 10 pounds that should cover this on the 13th, and that they should be sending this to the right department. Also adding that all letters stated the new address and i stated this in previous letters.

 

any advice would be much appreciated.

[Docman]

Hi Golf

Looks like you have been having some fun!

It’s good that TS are going to write to HFO & 3G but your TS seem to be a bit sheepish and you will need to keep the pressure on them. I suggest you find out who your local county councillor is from your town hall, copy your correspondence to him and ask that he take up the matter on your behalf with TS. That way TS will know someone they have to respond to will be looking at them.

Now looking at 3G. I assume this debt relates to a mobile phone contract. If it does it won't be covered by the Consumer Credit Act and therefore a CCA request with a £1 is useless.

If 3G have sold the debt to HFO, then 3G will refer you to HFO, as HFO are the legal owners of the debt. That said, it doesn't mean that 3G can ignore your request for information under the Data Protection Act. You seem to have sent 3G a subject access request [sAR] with £10 and therefore they should supply you with the information they hold, regardless of the address on their records.

I suggest you write to 3G's 'Data Protection Officer' (if you haven't done so already), quote both your old and new addresses and attach copies of your original request and 3G's response. Sign your letter but draw a line through your signature so that it can't be cut & pasted into another document. The full address you should send your letter to is : The Data Protection Officer, Hutchinson 3G Ltd, Hutchinson House, 5 Hester Road, Battersea, LONDON, SW11 4AN.

[Alphageek]

I think for situations like this where they are trying to get hold of your signature, you should do as Docman suggests but also make a little variation to the signature.

 

**Then** Make sure you photocopy the letter before you send it.

 

You will then easily be able to tell if it has been used in a reconstruction.

[golfr32]

thanks guys for all advise.

 

Dont worry ive been keeping copies of all letters and also printed off royal mail site the the prove that each letter has been delievered.

 

Cant believe that 3G kept my £1 postalk order for my request of CCA If thou they should know its not mobile contracts are not covered, and cant believe they have kept my £10 payment for sar too and have cheek to send me to the legal department!!!!!, well more photocopies and more letters....

 

thanks again.

[patrickq1]

just not enough people complaining about hfo as this letter i got today explains

 

Consumer Credit Act 1974 ('The Act')

Complaint Against: HFO Services Limited

Licence No: 555914

 

Thank you for your email received on 17 December 2007, regarding the problems you have been experiencing with the above trader.

 

We are always interested to receive complaints such as yours as they are a vital source of information in helping us to investigate the behaviour of traders that hold consumer credit licences. The trader you have complained about does hold a consumer credit licence.

 

If a business wishes to be involved in activities relating to consumer credit or hire, including debt collection, they must have a consumer credit licence. The Office of Fair Trading (OFT) has a duty to monitor the fitness of all traders that hold a consumer credit licence. In considering fitness, we take into account whether a business has engaged in unfair business practices. This includes any evidence that traders have not complied with any guidance issued by the OFT. The OFT has, for example, issued guidance to consumer credit licence holders engaged in the debt collection industry. The guidance sets out minimum standards that we expect of debt collection traders, consistent with fitness to hold a consumer credit licence. The guidance is intended to ensure that debt collectors treat debtors fairly. Non-compliance with this guidance will call into question the fitness of licence holders and applicants.

 

We investigate all complaints received about consumer credit licence holders and, where we have the necessary evidence, we do take appropriate action. In our initial investigation of all complaints we consider how many complaints we have received overall and how strong the evidence is to support any action. It is unlikely that a licence would be revoked on the strength of one complaint. Where we have strong evidence that unfair business practices have occurred, we may take steps to revoke or refuse the licence of the business in question. However, if we are to do this we need to take account of factors such as the number of complaints received how recent they are and how well evidenced. In cases where evidence is less strong we may issue a warning letter to the business putting it on notice that its behaviour, if repeated, will call their fitness to hold a licence into question. Any action we do take has to be proportionate. If an approach from the OFT makes a trader change its behaviour and treat consumers fairly in future, this is preferable to putting a trader out of business.

 

If we do take any licensing action against this trader it is likely that we would need to disclose your identity to this trader along with details of your complaint. I should therefore be grateful if you would provide me with written authorisation to disclose these details to the trader. I have enclosed a disclosure consent form for you to sign and return to me.

 

We have noted the details of your complaint, to consider alongside any other complaints we have received with a view to any licensing action we may decide to take. We may therefore contact you again if we require further information. Meanwhile, given that the sanction of licence refusal or revocation is such a significant one there are constraints built into the process for taking such action. For example, because of restrictions in Part 9 of the Enterprise Act 2002 relating to disclosure of information, we cannot disclose specific details about any action we may take, nor comment on any adverse information we hold on individual licence holders.

 

Unfortunately the OFT has no power to intervene in individual disputes, and therefore we are unable to assist you directly in this matter. However, you will be able to obtain practical advice by contacting Consumer Direct either by telephone (08454 04 05 06) or online at www.consumerdirect.gov.uk.

 

Consumer Direct is the first point of call for consumers, providing first tier advice on a range of consumer matters, including advice on shopping, information on consumer rights and practical guidance on individual problems and how to gain redress. Where further help is needed, such as specialist advice, face-to-face assistance, or intervention, Consumer Direct refers consumers to another agency, such as Trading Standards Service, that is best placed to assist.

 

Furthermore, the Financial Ombudsman Service ('FoS') can help with most complaints about consumer-credit products and services if the consumer has failed to satisfactorily resolve the matter directly with the financial institution itself. The FoS can be contacted at:-

 

The Financial Ombudsman Service

South Quay Plaza

183 Marsh Wall

London E14 9SR

Tel: - 0845 080 1800

 

www.financial-ombudsman.org.uk

 

I have also enclosed details of organisations which may be able to assist you. Thank you again for writing to us and bringing this matter to our attention.

 

Yours sincerely

 

 

Miss Jo Kwok

Enquiries and Preliminary Investigations Centre

Markets and Projects

Permission To Disclose Complaint

 

Consumer Credit Act 1974 ('the Act')

Complaint Against: HFO Services Limited

Licence No: 555914

 

Reference: Epic/Enq/E/22497

 

*Please delete as appropriate

 

I give/do not give* my consent for the Office of Fair Trading (OFT) to disclose details of my complaint concerning the above trader, including my name and address details, in any further action that it may take under the Act or under any other legislation administered by the OFT.

 

I also confirm that I have no objections/object* to the OFT using the information provided by me in the performance of any of its functions and disclosing that information to others where legally permissible. By way of example, the OFT may disclose such information in connection with enforcement or regulatory action under its own powers or may refer the information to another government department or enforcement authority.

 

Signed: ………………………………………………………………… ……………………

 

Print name: ………………………………………………………………… ……………..

 

Address (Please print): ………………………………………………………………… …

………………………………………………………………… ………………….

………………………………………………………………… ………………….

………………………………………………………………… ………………….

………………………………………………………………… ………………….

Date: ………………………………………………………………… ……………..

 

Please note the OFT can only use your details in any action we may take against the above trader if you give your written permission for us to do so.

 

 

 

 

Additional contact details

 

In the event of the OFT needing to contact you for further information, it would be helpful if you could provide the following contact details. Please note these further details will not be disclosed to the trader.

 

Telephone number: (Home)……………………………(Mobile) ……………………….

 

Preferred time of contact by telephone: ……………………………………………….

 

E-mail address: ………………………………………………………………… …………..

[onecall1]

Yep that sounds about right. I got the exact same 'sod off we're not really interested' letter several months ago and from every other authorised body who is supposed to protect the consumer. I have actually got to the point where I dont think any of them care as long as they are drawing their nice fat salaries at the end of the month.

[patrickq1]

thanks one c 1 my feelings as well but at least it is fresh in their minds all it will take now is for several more complaints within a short period to make the sit up and take notice of the way HFO are acting

patrickq1

[Alphageek]

Meanwhile, given that the sanction of licence refusal or revocation is such a significant one there are constraints built into the process for taking such action. For example, because of restrictions in Part 9 of the Enterprise Act 2002 relating to disclosure of information, we cannot disclose specific details about any action we may take, nor comment on any adverse information we hold on individual licence holders.

 

Are the OFT an official body? Would the Freedom of Information Act require an enquiry along the lines of "How many complaints about DCA ltd did you receive in calendar year 2007?" to be answered?

 

I am sure lots of people complain, they just never do anything about the complaints or the rogue DCAs!

[patrickq1]

They will not answer to the FOI act this has already been trid by cfrx/nick so in effect they will not supply this info

good thought though

patrickq1

it just needs more complaints for them to then begin an investigation then they will act and also print their findings

[ravingmad]

will be very pleased to attend court as a witness for you against these crooks. i have been having a nightmare with them but then ironically they were the ones who told me to look hfo up on the net where i found a link to this site. so thanks a lot hfo, have found the info really interesting & am in the process of getting letters off etc.

[Alphageek]

will be very pleased to attend court as a witness for you against these crooks. i have been having a nightmare with them but then ironically they were the ones who told me to look hfo up on the net where i found a link to this site. so thanks a lot hfo, have found the info really interesting & am in the process of getting letters off etc.

 

Sweet, sweet irony.

[golfr32]

Hi Guys,

 

So i havent heard anything back from trading standards, joke huh, after all the crap that has happened, it seems they do not care, i will be writing to them and ask why they have ignored what we reported to them, especially when they said they would be in contact with the following week.

 

Also have not heard anything from 3G or HFO since my last letter sto them, although letters were sent to my husband's parents address, where were kindly asked them to have them resent to sender as they addressee no longer lives there. We have been sending both companies letters since August, and they still can't get the right address, i have since decided i will not repond now to anything unless it comes to our own address as stated on the all previous letters.

 

It has been some time since i sent off the CCA and SAR, and still no response, oh well looks like they dont want there money right now.

 

Hope everyone else is holding up ok against these B*******.

 

Patrickq1 - will be filling that form in below and sending that off too, as our so called local TS doesnt seem to care how these idiots operate.

[patrickq1]

HI EVERYONE I HAVE JUST RECEIVED THIS ,THIS IS A WORRYING TREND FROM THE MOVE FROM THE UK DONT KNOW ABOUT THE LEGALLITY AND I AM CONCERNED THIS IS AN E MAIL I HAVE JUST GOT DONT KNOW IF I AM BEING SET UP OR PUSHED INTO MAKING A MOVE SO I DO NOT KNOW IF ITS RELIABLE

PATRICKQ1

Hey pat ,

My name is ronnie n i m from India through ur postings i

cud figure out ur concern i.e. HFO.

Well this company called HFO has comeup with a callcenter in India and

they are about to start there operations from here,i was trying to

search for there background and in this process i found ur postings.

From here they are going to start calling to UK ppl who are not current

on there loan accounts, if thats wat i have been able to understand

from them

[patrickq1]

i have reported it to the ICO OFT AND TS see what happens

patrickq1

[golfr32]

sounds like they are just trying it and possibly know that we are all going up against them, and this is just another way to put us off. If thou their call centre will be india, they still have a base here, so there will always be a way to get to them.