Advice about HFO, please

[DonkeyB]

Suggest a recorded delivery reminder to HFO/TR. Keep on top of them. They are trigger happy with claims at the moment.

[bluebare]

Thanks DB I pen up a suitable letter and fire it off RD to HFO

[dadofholly]

Emailed caseworker at CAB in end and received nice email back next day. She has contacted their archive administrator to hunt for case file - hopefully they will find it - and post on. In meantime SAR received by BC so should see what turns up from them over the next 40 days.

Account in dispute received by HFO so again see what they try next over the next 21 days. Reading other posts in similar threads I can pretty much guess.

 

Have you sent an account in dispute letter?

If so you dnt realy need to contact as the ball is in their court - or i therfe something specific you are after - such as an SAR etc?

[bluebare]

Have you sent an account in dispute letter?

If so you dnt realy need to contact as the ball is in their court - or i therfe something specific you are after - such as an SAR etc?

 

Yes account in dispute letter was sent on the 10th October and 21 days have passed with no response from HFO except for an acknowledgement of CCA request "give us 12 weeks to get documentation". Since then nada. As you say the ball is their court, but wanted to check on views of fan club whether to wait or to send off a reminder.

[dadofholly]

Personaly i would just wait - there is no need to send a reminder.

[coledog]

Personaly i would just wait - there is no need to send a reminder.

 

Agree with Homer - seem to be in total agreement with him this morning

[DonkeyB]

Personally I would send a reminder. Why court disaster? Put them on the back foot and amass evidence that you are behaving fairly and reasonably. Perhaps warn them that any legal action taken while in default will result in an immediate app for strike out, with the letter as clear evidence of abuse of process. Don't be fearful of taking the fight to them - because they WILL issue a claim. They are ignoring CCA requests elsewhere and issuing claims regardless.

[coledog]

When you put it that way - reminding them regarding the consequences of legal action is a very good idea. They do seem to be issuing court claims like confetti at the moment

[DonkeyB]

They are trigger happy. They are in deep poo with the OFT and have nothing to lose. They will continue to abuse process and break every rule in the book. And they care not one jot of the severe personal impact their lies and deceit have on people.

[coledog]

Very true!

[DonkeyB]

Bear in mind that HFO/TR do not care. They will appeal any OFT ruling and trade on. They have not bought any accounts since mid-2008, so the lifetime of their portfolio will be limited (I doubt anyone respectable would deal with them now). Hence Validor... problem for them now is that their companies and individuals will struggle to get a CC licence. That's some consolation.

[bluebare]

Personally I would send a reminder. Why court disaster? Put them on the back foot and amass evidence that you are behaving fairly and reasonably. Perhaps warn them that any legal action taken while in default will result in an immediate app for strike out, with the letter as clear evidence of abuse of process. Don't be fearful of taking the fight to them - because they WILL issue a claim. They are ignoring CCA requests elsewhere and issuing claims regardless.

 

Thank you Donkey, your arguement is logical and makes sense - I will most certainly follow it. Thank you Coledog and DoH for your input also

[bluebare]

I'll also add to the letter a request for a copy of their complaints procedure - I assume they are obliged to have one, or should I get out more from the Land of Make Believe:flypig: (it's Puff's fault) in thinking that a company like HFO would care about such things?

[DonkeyB]

Yes, they have a complaints procedure. Never known them stick to it, though.

[coledog]

Oh yes please - ask for that

[bluebare]

Could the Great and the Good in here take a look at what I have penned and let me know if it is ok to send:

 

 

I do not acknowledge any debt to you or any other company or organisation that you claim to be representing

 

Dear Sir/Madam

 

With reference to my letter of 10th October 2011, received and signed for by yourselves on the 11th October 2011, you have still failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

 

In your letter to me dated 27th September 2011 you stated that you were ordering the relevant documents from the original lender and that it would take up to 12 weeks to obtain, due to high demand – this obviously means that you have been inundated with similar requests, I wonder why? In a previous letter you stated to me that the debt had been purchased from the original lender; in that case all relevant documents would be held by yourselves and I question whether you are indeed the owners of the above account.

 

I remind you that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before you enter into default of said request. You have failed to comply with the requirements under the act and merely stating that this process could take up to 12 weeks is unacceptable under statute.

 

I remind you therefore that whilst the default continues it is currently unenforceable in law. Any attempt by yourselves to initiate court action would be vigorously defended by myself, with an immediate application to have the claim struck out for not following due process.

 

In light of your current disregard to following proper procedure with regard to OFT guidelines and requirements under the Consumer Credit Act 1974 and CPUTR 2008, I require you to send to me within seven calendar days a copy of your complaints procedure. Notwithstanding this fact I maintain and reserve the right to report your actions to any such regulatory authorities as I see fit.

 

I look forward to hearing from you regarding your intentions to resolve this matter which remains as of the 10th October 2011 a formal complaint. This should be in writing as I have no wish to correspond by telephone.

 

 

Yours faithfully

[coledog]

Afternoon Bart 123 - getting a good look??

[broken arrow]

hello Bart, don,t be rude, please say hello.

[coledog]

Gone now - Think the letter looks great bluebare

[bluebare]

Bart123 ?? Surely not a HFO employee masquerading as a cagger? No posts ever I see. I'm truly shocked

[coledog]

Just lurks

[bluebare]

Gone now - Think the letter looks great bluebare

 

Great I get it off then and uncle Bart can read it again

[bluebare]

It's not a new document by any means -15th June 2011 - and I expect many in the fan club have read it, but it may be of interest.

 

 

http://www.turnbullrutherford.co/tc2.html

[coledog]

A landmark document IMO

[bluebare]

Good afternoon CD

 

At least through it I'm getting a better understanding of the legal issues with the chain of ownership of assignments and the dodgy documentation presented by TR