Advice about HFO, please

[coledog]

Good

[broken arrow]

They are now changing tack and seem to be saying thed did give notice throughout, TR love contradicting themselves.

[bluebare]

Afternoon BA. All grist for the mill

[DonkeyB]

Evening Bart123. No home to go to?

[DonkeyB]

Bart’s been on CAG for nearly a year, likes HFO threads and STILL hasn’t posted anything. Maybe we’re not saying the right things. Or maybe he’s trawling the DCA world for a new job... then again, if he works for HFO, no one will have him.

[BRIGADIER2JCS]

You got it the bin he lives in under the desk

is too small now allegedly.

[bluebare]

Well he could always go work with Gemma Roderick at Validor

[bluebare]

Hello Bart.....working late??

[bluebare]

How's the weather in Gurgaon. See my pic thats me going grrrr at all you lot in CyberCity

[coledog]

Still hanging in there Bart?

[DonkeyB]

Well he could always go work with Gemma Roderick at Validor

 

Pretty sure she’s in the UK anyway. Maybe the OFT should invite her in for an interview.

[bluebare]

Pretty sure she’s in the UK anyway. Maybe the OFT should invite her in for an interview.

 

And there I was thinking she was Collections Support Manager in New Delhi. Been sexing up her Facebook profile or are the rats leaving a sinking ship?

[dadofholly]

The link between them and vaildor has been proven, and will form part of the coming actions against them

[bluebare]

A prospect to be savoured I must say

[coledog]

Ah! Validor!

[bluebare]

Ah! Validor!

 

oooh sound just like a line for a commercial

 

[bluebare]

Had heard nothing back from BC regarding SAR. Request sent 10th Oct confirmed by track and trace as received on 11th. 40 days expire this Friday. Sar request letter was standard pro forma with additional information that I had moved giving both old and new addresses.

 

Would have done something about this sooner, but been in hospital. Is there a specific number to ring to chase up?

 

Called Post Office to check if postal order cashed and it would appear that it is no longer an easy exercise to get that information. Have to go to post office, fill in form, etc

[DonkeyB]

You can’t really do anything till the 40 days are up, I’m afraid. other than write with a reminder.

[bluebare]

Thanks DB. Probably a bit late now to send a reminder. Do I then send the "Letter Before Action" template 3 letter after Friday? Is it addressed to the same dept LRC Data Protection Team?

[bluebare]

Hello Bart

[dadofholly]

Send them the failure to comply letter from the templates giving them a further 7 days i think it is - then the lba letter if they still fail to comply - in the meantime complain to the information commissioner

[bluebare]

Thanks will do that

[DonkeyB]

Any further response to your SAR?

[bluebare]

Any further response to your SAR?

 

Hi DB

 

Nothing has arrived from BC, not even an acknowledgement. This is after sending a reminder last week - giving my old address and advising my current address. I gave BC an additional 7 days to comply.

 

Got to go out tomorrow to get new printer/scanner so that can do the following below:

 

Going to send off complaint email to ICO and "letter before action" to BC. Will also write to address given to me by post office to see if postal order was cashed.

 

Received response to CCA request from HFO yesterday - will scan and post as soon as have new printer, but contained

 

1) Covering letter from HFO stating the documents I requested are enclosed.

 

2) complaints procedure - as requested from me

 

3) Letter on Barclaycard headed paper - addressed to me at my old address and dated 7 Nov 2011. Enclosing a recon credit agreement. Statement of account in letter. Section of letter advising me that they currently cannot provide me with a copy of the terms of the credit agreement and state that they accept that they cannot currently enforce the agreement. With immediate affect the Barclaycard account has been suspended. Barclaycard (if indeed this letter is from them) then state even though they cannot enforce the agreement their rights continue under the agreement and I should continue to pay the debt. They go on to state that they will continue to take any action short of enforcement - reporting to CRA's without telling them the account is unenforceable, issuing a default notice (??? that was issued to me in Dec 2005) and instructing a third party to demand payment or otherwise seek to procure payment. They then go on to refer me to case of Philip McGuffick v RBS (2009) in which it was held that none of these steps constituted enforcement. They then quote Carey vs HSBC that the decision makes it clear that an unfair relationship cannot be said to have arisen between us as a result of the fact that we have not currently complied with section 78 of the act. To the extent that you seek to allege that an unfair relationship has arisen, such allegations will be opposed. Signed Kim Hennessey of Barclaycard Customer Services.

 

4) Sheet of paper with my old address and a box giving information on the "Right to Cancel" after agreement signed

 

5) Copy of agreement - reprint date 01/03 which is four months later than when the agreement was taken out. Just a photocopy of Barclaycard Conditions leaflet - no date and no signature

 

 

 

I'll scan up as soon as I can, but the CCA request went to HFO so why are Barclaycard writing to me via HFO, if indeed the letter is genuine? And why are Barclaycard blatently ignoring a perfectly valid SAR request? Has anyone else has a similar lack of response. Is this a sign that Barclaycard are actively aiding HFO and placing obsticles in the way of any person who makes a legal request for information?

 

Bluebare

[coledog]

So HFO have written to BC and asked fro a Credit agreement but this is all they have and it is basically guff and unenforceable. Presume they have not sent any statements?

 

Ring BC Directors Office about failure to comply with the SAR but I suspect they have nothing (but must inform you of this) . DIRECTORS OFFICE TEL: 0844 0903111

 

Report all this to OFT