Barclaycard & HFO

[FORMISTER]

Ok, starting to upload details now. Scanner pretty tempramental (spent as much time on IT forums as this one). First two PDF's are a copy of what HFO sent as a agreement and and the origional NOA they sent with first contact in september.

hfoapp.pdf

hfoscan1_NEW.pdf

[DonkeyB]

Cor, an NOA on NEW Barclaycard paper, probably dated before they changed it to that design! So HFO can now time travel!

 

Can you resave the NoA as a PDF and repost? Too small to see properly.

 

When were the NoAs dated?

[FORMISTER]

SAR has been sent to Barclays yesterday. A complaint has been made to experian regarding the use of the credit printout they sent with the documnets. I think they sent it as it shows around £1000 of credit available to my dad (none of which he can use). I think our complaint is based upon the T&C's of experian which state they are not allowed to share or reproduce this information. In my view when you get refused from credit they aren't allowed to tell you why , just advise you where you can get your report.

 

Also to date they haven't provided an enforcable CCA with T&C's , so if they had the right to check his file under Barclacards T&C's they have not demonstrated it,

 

If anyone needs to know details missing (which I may of blanked out) like amounts or dates from the PDF's please ask. I will try and upload any other docs that have been sent.

 

Any advice on whether He should send another letter to HFO, they have given him 7 days to make payment in the latest letter.

 

Thanks guys

[FORMISTER]

Hi Donkey The Barclays NOA is dated 6/11/2007, the headed stationery however is dated 10/08 in the bottom right hand corner and as we all know the new logo wasn't launched until 2008. Eccleston, Tennant and Smith at HFO?

 

Going to complain to Barclaycard and OFT.

 

The first my dad heard from them was in september this year when they sent an NOA dated sept/10 along with a 72 hour notice. Sounds difficult to believe that HFO would own the debt for 3 years before sending a pay up letter?

[FORMISTER]

Will put the other NOA up as PDF around lunchtime

[FORMISTER]

Think this is the new Barclaycard letter head NOA

noabarclaycard.pdf

[FORMISTER]

Obviously I have removed name , address etc

[DonkeyB]

With a sale date of 6/11/07, this account was sold to HFO Capital Cayman (if it was, in fact, sold to HFO at all).

 

I would certainly complain long and loud to Barclaycard.

 

In the meantime, they can claim no interest from the original sale date; they effectively have only owned the account since your father received the NoA.

 

Next thing is to call Barclaycard and ask them exactly when to to whom the account was sold.

[FORMISTER]

Ok cheers Donkey, will get onto that today

[FORMISTER]

Quick question, why could it only of been sold to HFO caymen?

[DonkeyB]

It could NOT have been sold to HFO Capital Ireland, if that’s what you mean! It wasn’t in existence as such at this time. But that’s for further down the line... won’t start on the intricate weavings of the HFO fib machine yet!

[FORMISTER]

Also if anyone has looked at the credit agreement they have sent (application for, no T&C's or credit info), am I right in saying this in unenforcable?

[DonkeyB]

Yeah, it’s complete rubbish without any T&Cs. No doubt they’ll magically appear in due course tho.

[coledog]

The NOA from Barclays looks re-constituted by either BC or HFO and there is no address or name of sender (unless you have removed these). It certainly does not look like a copy of anything that was actually sent out.

 

Can you confirm when (date) you received these letters and in what order:

 

Notice of Assignment (from HFO) (they normally send this first)

 

72 hour litigation letter (can you scan this and was anything attached to it/included with it)?

 

Response to CCA (and how long did it take them to respond to this request?) Was the Application form and BC NOA included in this, anything else?)

 

I am thinking that you can still put the account in dispute as they have not fulfilled the CCA request and send a request under CPR to obtain more information as they have no doubt threatened legal action in the 72 hour letetr. I will find some letters

 

Have they been phoning your dad at all? (It is the same annoying woman who was phoning me)

[FORMISTER]

The NOA from HFO services was dated on the 10/09/10 and received just after. The Barclaycard headed one was received on the 28/10/10 recorded delivery and just has the date of assaignment 6/11/07. It states the debt was sold to HFO Capital Ltd but Donkey tells me that it would of been HFO Caymen at that time.

 

From the first contact on the 28/10/10 we sent a CCA request. As a result of this they sent recorded delivery the This new Barclays NOA, the application form , some statement printouts, a copy of e-consumer view from experian and a covering letter .

 

The letter reads

 

Dear******

 

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

 

Your Account with : Barclaycard

Your account number: *******

HFO Case number: ********

Amount owing: *********

 

We are writing in relation to your account with us. As per your request please find attached a scanned copy of the original credit agreement of your Barclaycard account and bank statements. You now need to contact us within 7 days to make full and final payment in regards to the outstanding balance on this account.

Unfortunetely , if we are not able to come to a resolution within the above mentioned time period, then HFO will have no option but to forward this file for litigation activity.

 

Alternatively, if you are looking for a monthly installment plan to pay this default amount, then you may contact our account manager Ms Vinni Gossain on 02030249638

 

Have not had any phone calls from them after I gave them all the harrassment letters etc. No debt collection agencies phone here more than once now!

[FORMISTER]

Sorry will look later to see when the CCA request was made and will scan the 72 hours notice.

[coledog]

Sounds like they had the 'paperwork' to hand this time, usually they have to disappear and get it. You def need the SAR but they have not sent anything resembling a credit agreement.

 

They are a couple of letters you can send back to them which I will find.

[FORMISTER]

Sorry wrote the date wrong, first contact was 10/09 , cca requestsent within days and reply was 28/10. Thanks for your input. Win or lose, they won't get much out of my dad. He's had cancer, two ops and a minio stroke over the past 18 months and is on pension credit, so even if he loses he will only pay a small amount. I think they sent him the credit file printout because it shows he paid final settlements on two other credit cards (when he was well and working) and has about a £1000 of credit available to him (which he can't actually use).

 

Cheers

[coledog]

I think you need the SAR request to Barclaycard - I can't remember if this is on your other thread but I will attach it anyway - send with £10 postal order by recorded, they have up to 40 days to reply.

 

Link to thread with details of complaining to Experian - your dad also needs to complain to OFT and Consumer Direct

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?280552-HFO-Services-now-using-e-consumerview-reports-to-encourage-payment&highlight=

Standard SAR.doc

[FORMISTER]

Ok thanks mate. Already sent the SAR yesterday and complaint to experian. Will now move onto to the OFT and consumer direct

[coledog]

Good I thought you already had these - below is a letter you can send back to HFO - recorded, don't sign and adapt to suit

 

 

Dear xxxxx

 

Your Ref: xxxxxx

 

I do not acknowledge any debt to your company or to any company you claim to represent.

 

A legal request for a true copy of the Consumer Credit Agreement pertaining to the account you mention was sent to your offices on xx/xx/xx. To date, the only correspondence you have supplied has been an application form; devoid of terms and conditions, APR, credit limit, rate of repayment and so on. Therefore until such times as you are able to supply such documention this account remains unsubstantiated, is unenforceable at law (CCA 1974 sec 127 (3)) and no payments will be forthcoming to anyone.

 

Please note that should you persist in pursuing me for an unsubstantiated debt, that your company will be reported to the relevant authorities without any further notice, including but not limited to Consumer Direct, OFT and the financial crimes branch of HM Treasury. Any court action that you may be contemplating will also be treated as unlawful and vexatious and vigourously defended on a number of grounds.

 

I trust that I have made my position abundantly clear and look forward to your written response in due course informing me whether you currently hold or have ever held a properly executed Consumer Credit Agreement (Consumer Credit Act 1974) and if not, confirmation that your files are now closed

 

Yours faithfully,

 

[FORMISTER]

I like it! You know when I have finished dealing with HFO and the others , I honestly think i'll miss it in some strange way.

 

Cheers mate

[coledog]

My pleasure

[FORMISTER]

So the HFO monkeys have sent another letter etc. Basically it says "Please find attached a copy of your statements and application with Barclaycard, which you have requested for."

 

"Please contact you account manager Vinnia Gossain in regards to this debt"

 

Basically they just sent the application form (which they have already sent once already) and the statements from Barclaycard which they had already sent.

 

I notice this time it states that I requested a copy of my application with Barclaycard. No HFO I never asked for a copy of my application , I requested a copy of my consumer credit agreement with T&C's etc attached to it .

Odd that last time they sent it they called it my agreement and now it's my application. Is this an admission that it isn't an agreement?

[coledog]

Hi

 

Did you send the letter in #27 and have they received this yet? If sent - I would not reply, just wait for the SAR and see what they try next. An application form is just that and not what you asked for.

 

I think that they are having problems finding an agreement and hopefully the SAR will reveal all.