Barclaycard & HFO

[FORMISTER]

Hi guys, I am new to the forum so please advise me if my thread is in the right place etc.

 

To bring you up to speed I was being harrassed by HFO constantly for a debt to Barclaycard and after reading some great advice within the forums I sent them a CCA request.

 

Today they replied with a letter enclosing my application form and asking me to contact them regarding payment.

 

What they sent me was a copy of my origional application form (copied from microfiche) which I had filled out. It's not a great copy and you can't read that much. It does not contain any T&C's or credit limit or interest rates etc They did not send me anything else I requested like statement of account etc.

 

Also what strikes me as strange is that I stopped paying my credit cards, bank loan and O/D at the same time (to the best of my recolection) when I lost my business and all of the others are Statute Barred. But the Barclaycard isn't until june 2011 under HFO's entry on my CRA file. Can they alter these dates?

 

Basically where do you think I should go from here?

 

Thanks guys

Alex

[FORMISTER]

Just to add I found the letter from HFO a little odd, it read:

I write to you regards to the above debt in your name. Please also see enclosed application relating to your account with Barclaycard.

 

As we have provided the documents you requested, please no arrange to you account manager on xxxx xxx xxxx to arrange payment on the account.

 

 

They haven't provided me with any requested documents. The only thing they sent was a copy of my application.

Edited October 2, 2010 by slick132
name and phone no. edited out

[Turnaround]

Hi FORMISTER,

 

From what you say there is nothing to worry about.

 

If all they have sent is an application form, then that’s all it is. The agreement is unenforceable at court and HFO will be well aware of this.

 

I would ignore their request to contact them and just let the clock tick until June 2011. Do not acknowledge the debt or make any payments.

 

If you do encounter further issues then post them up.

 

Regards….Turnaround

[FORMISTER]

Thanks for your reply.

Just a quick one, they don't seem to want to send me a statement of account. I may be guessing that my last payment could be over six years ago and statute barred. They tell me it's not but are quoting the date I was issued a default on. I would assume that my last payment was long before the default notice was served.

[sillygirl1]

Knowing HFO it probably is Statute Barred and they are chancing their arm, they now have this idea that if a debt is statute barred and you admit it is statute barred THEY can still collect via the courts... plus if you send the statute barred letter they say it irrevocably means it IS your debt.

 

Others of the HFO fanclub will be along at some point.

[Turnaround]

Hi FORMISTER,

 

I would be careful not to acknowledge the debt in any way when contacting them.

 

It would safer to take the June 2011 date you have, rather than press for one. So if you can hang out till then do so.

 

Regards….Turnaround

[FORMISTER]

Thanks for all your advice. I have made certain that I marked my CCA request that I did not acknowlegde any debt to them.

 

Nice to see so many HFO fans on the forum

[slick132]

Hi Formister,

 

There's a letter in the Debt Collection Library for use when a debt is being chased after 6 years - http://www.consumeractiongroup.co.uk/forum/content.php?420-Letter-to-use-if-a-DCA-still-try-to-collect-after-Statute-Barred

 

If they have proof that the debt is NOT Statute Barred, let them provide it, or go away. 8-)

[dx100uk]

pleanty of threads on these fleecers

 

type in hfo in our search top right

 

dx

[FORMISTER]

Just wondering if HFO have commited an offence by asking me to contact them to make payment as they haven't complied to my CCA request

[sillygirl1]

Even if they had committed an offence it isn't sufficient to have them closed down.

 

There are goings on at the moment involving HFO and there will hopefully be some action on this company.

 

Watch out for a card from Silverpoint Deliveries asking you to ring to confirm identity as they have sensitive documents for you... its HFO in disguise....

[FORMISTER]

Yes I have read the threads, had ones in the past from first direct logistics or something like that and cards saying a representitive was going to call round to see me. Not fooling for any of that.

[FORMISTER]

Hi again, After reading some other posts on the forum I thought I would question a letter that i received from HFO :

 

HFO Services

 

Notice of assignment of debt

***

***

***

etc

 

Your account including all legal rights and obligations associated with it, has been sold by BARCLAYCARD to HFO capital. Your debt is now subject to HFO's standard terms and conditions.

 

The account has now been assigned to me. As HFO will devote all of it's commercial and legal resources to the collection of this debt, my responsibility is to assist you in coming to a final and positive resolution with this account. I request you to contact me as soon as possible so that we may work towards reaching an amicable solution on this outstanding issue of yours which is incurring charges because of non payment.

 

It will never be cheaper and easier to settle this debt than it is today. etc etc etc.

 

My question is as they say HFOC has purchased the debt then shouldn't I have received the NOA from them or does this constitute a assignment agreement between HFOC and HFOS ?

 

Cheers for all your help so far

[slick132]

Personally, I would only send the Statute Barred letter at this stage.

 

To argue with them on other issues may be construed as acknowledgement of the alleged debt.

 

8-)

[FORMISTER]

Thanks slick, will pursue the SB line, don't think the HFO mugs want to send me a detailed statement of account. Found my old statements last night and looks like I haven't paid it for over 6 years.

[slick132]

Excellent - if you have proof of the last payment being over 6 years back, just use the SB letter.

 

If they persist with this, you can report them to Trading Standards and to the FOS.

 

8-)

[FORMISTER]

Ok, so HFO have now sent me a two page photo copy of the T&C's with 1998 BARCLAYCARD T/C typed on one side. I have now receieved a copy of my application and this so far, but nothing else i requested , ie statement of account.

 

Any advice

Cheers

[coledog]

Hi

 

Just seen your thread. If you know that you have made no payment or written 'I acknowledge this debt' during the last 6 years to anyone then I would say to send the Stat Barred letter - link below. It is then up to them to prove that the debt is not (you do not have to prove that it is). The letters/documents they have sent you are all hamster bedding IMO and you could send the In Dispute letter as they have not fulfilled your CCA request. To get the full documents you would have to send a Subject Access request to Barclaycard but hopefully you will not have to do this.

 

http://www.consumeractiongroup.co.uk/forum/content.php?408-Letter-sent-when-debt-is-statute-barred

[FORMISTER]

Thanks again for all your wonderfull advice, will make sure I make a donation to the site.

 

On another matter I received a letter today from Zinc collections saying that they have been instructed by Barclays Bank to collect £626.54 from me. However this debt was assigned years ago to CL Finance and shows on my credit report under that name (it also still shows as barclays bank on my credit report, so a double entry).

 

Should I ignore it and wait for them to make their next move?

 

Thanks

[coledog]

Yes - ignore and see what there next move is. An alternative is to send a 'prove it ' letter (see template library) butI would not advertise your interest for now as it may just lead to letter table tennis.

[FORMISTER]

That's what I was thinking , but like to have a second opinion. Got DLC mugs to stop harrassing me over £6000 debt to Barclay Loan with a SB letter and they have agreed to wipe my information from their system. I know we should all pay our debts but I lost my business over 7 years ago with several companies going bankrupt on me, so I don't feel bad about these people. It's nice to finally start to feeling like I can move on with my life.

 

Thanks for all your advice on what is a fantastic site.

[coledog]

Feel free to click the star if I have helped.

 

Most of us are trying to move on and not feel so isolated in doing this. Ultimately it is your own well being that you have to put first.

 

Check out the Debt Collection Industry and Legal forums (under debt) for more insight on HFO and their behaviour.

[slick132]

Hi Formister,

 

Do you know how long ago you acknowledged this other a/c with Barclays and CL Finance.

 

I assume you've received no letter of assignment re the a/c.

 

[FORMISTER]

Well Barclays have a default on my credit record on the 4th of january 2006. So im guessing i probably didn't pay it some months before hand but I can't guarentee this without sending a SAR to Barclays. Probably it is coming up to being SB which is why im getting fan mail again! I have never aknowledged any debt to any of them since I stoped paying, nor have I spoken to any of them on the phone.

 

Thanks

[broken arrow]

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