how do i deal with this

[5string]

Hi chaps and chapesses i posted this on another thread and was advised to start my own thread so here goes,my other half has been contacted by HFO services in relation to a debt they claim she owes on a morgan stanley card which she has not used for years and doesnt intend to,i sent a letter asking for her credit card agreement which they sent back five months later,it does not prove she owes the debt just her signature at the bottom of the page,how do i go about finding out if she indeed does owe this debt as it is making her ill

[PriorityOne]

How many years ago are we talking about... over 6 years? They should have sent a statement of account with the CCA request....

[5string]

hi priorityone thanks for the reply,i am nearly certain she hasnt used that card for three years and was unaware there were outstanding debt on it,the only thing HFO sent back was a copy (very bad one) of the form she signed for the card

[rebel11]

Hi 5S

 

If there are any Penalty Charges or if PPI has been mis-sold on the account, they should be claimed back with Contractual Interest. If you send a SAR Request (with a postal order for £10) they will send you statements over the last 6 years plus. You can claim them back over 6 years plus. All templates and spreadsheets can be found in the library.

[PriorityOne]

Ok.... you need to decide if you're acknowledging the debt or not... I'll explain.

 

If all they've sent is an application form (as it sounds), then the chances are that they don't have an enforceable CCA for your wife.... in which case, the debt cannot be re-enforced until they can produce one. They would also need to justify the amount being claimed.

 

If you go for charges, PPI, etc.... these must be claimed from the original creditor before it was passed to HFO.... which means you'd be acknowledging the debt in order to re-claim the charges, PPI.

 

What do you want to do.... ?

[5string]

hi priorityone,the hassle it's caused our lass i'de like to stick to em,i think in all reality they are taking the mick because she doesnt owe them a bean so all i want for her is for this to go away and if they get a bloody nose all the better

[PriorityOne]

hi priorityone,the hassle it's caused our lass i'de like to stick to em,i think in all reality they are taking the mick because she doesnt owe them a bean so all i want for her is for this to go away and if they get a bloody nose all the better

 

 

Ok, in that case a suggested letter is below.... adapt if necessary.... and send by rec. delivery.

 

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 (CPUTR, 1988).

 

Yours faithfully,

[5string]

that looks the bis priorityone i'll give it a shot and let you know thanks a lot dude

[broken arrow]

Subbing and others informed.

[sillygirl1]

Subbing

[DonkeyB]

Afternoon all.

[DonkeyB]

I think it’s time to stop talking to them – full stop – UNLESS you can record the calls, in which case you will get some fabulous evidence of their fibs.

 

Keep it all in writing.

[coledog]

Hi

 

Can you start from the begining, sorry but there are a few things I would like to clarify.

 

How long ago did they contact you and what was the contact - letters, phone calls? Can you describe or scan in any letters etc (with personal details removed).

 

When did you send the CCA request and what did they send back exactly (also can you scan this)?. It sounds like an application form from what you have said. You can dispute this if they have not replied to your request with meaningful documents as per the letter above.

[vjohn82]

HFO Fan Club in attendance.

[5string]

hi coledog

HFO originally contacted her by letter in may we got a template letter of the internet for a cca request which was sent in may this year,we got a reply in october which indeed looks like an application form but the copy is so bad its ridiculous the scanned image is really small they have also tried to contact her by phone as we have an answering machine we screen our calls so do not reply to them hope this helps

[broken arrow]

Can you post what they have sent, removing any personal info.

I would also advise a data SAR to Morgan Stanley which will now be held by Barclaycard.

[broken arrow]

SAR template

Standard SAR.doc

[PriorityOne]

I'd be reluctant to SAR at this stage.... only because your issue is with HFO at the moment and as such, it's HFO that need to be dealt with. Their response back to you will probably indicate that the account's been sold (as I suspect) and if so, it will have nothing to do with Morgan Stanley anymore anyway.

 

Just an opinion though....

[DonkeyB]

Hi PO

 

I think ownership is a given... the aim of an SAR with HFO is nearly always to find out the truth, as they are somewhat economic with it when it comes to assignments and ownership.

 

I understand totally what you are saying but, invariably, we usually need the SAR to get to the facts; just saving time I suppose!

[PriorityOne]

Hi PO

 

I think ownership is a given... the aim of an SAR with HFO is nearly always to find out the truth, as they are somewhat economic with it when it comes to assignments and ownership.

 

I understand totally what you are saying but, invariably, we usually need the SAR to get to the facts; just saving time I suppose!

 

That's fine... it's just my opinion. I'm not in the habit of bothering with a SAR if an account's been sold simply because it's nothing to do with the OC anymore.... so any lies about what's happened re. assignment are irrelevant if there's no CCA to back up a claim. They wouldn't be able to issue a cliam in their own right if it wasn't sold by Absolute Assignment anyway.... so any lies are transparent on that basis anyway.

 

People have to do what they feel is right for themselves though.... no worries

[coledog]

Hi PriorityOne

 

The reason for the SAR, as in the other HFO claims is to get the full picture of this account for 5string as HFO can be a bit economical with the truth (allegedly). There are issues over last payment, valid credit agreements, notices of assignment etc and the poster needs to have the full picture when dealing with these people - they are in a league of their own within DCAs.

[broken arrow]

I'd be reluctant to SAR at this stage.... only because your issue is with HFO at the moment and as such, it's HFO that need to be dealt with. Their response back to you will probably indicate that the account's been sold (as I suspect) and if so, it will have nothing to do with Morgan Stanley anymore anyway.

 

Just an opinion though....

 

Hi again P1, as I said in our chat the other day, the SAR for the cost of £10 has really come up trumps against HFO.

[PriorityOne]

No worries guys.... people have to do what they feel is right for themselves.

 

[coledog]

Input appreciated P1 but in the cases so far, the SARs are proving to be invaluable.

[loanbuster]

Hi PriorityOne

 

The reason for the SAR, as in the other HFO claims is to get the full picture of this account for 5string as HFO can be a bit economical with the truth (allegedly). There are issues over last payment, valid credit agreements, notices of assignment etc and the poster needs to have the full picture when dealing with these people - they are in a league of their own within DCAs.

 

I assume that you do mean "Southern League" and not "Premier" !!