Advice about HFO, please

[bluebare]

Good Morning CD

 

In HFO pack - no statements, just letter on BC headed paper puporting to be from BC customer services in which it gives a statement of account i.e. credit limit - £0 Balance £9xx.xx. Further paragraph stating Barclaycard's right to take any action deemed fit, short of enforcment (with a list of those actions deemed by the McGuffick vs RBS case ruling to not constitute "enforcement").

 

Is this letter from BC and if so why if they sold the debt are they getting involved in this way? As said in previous post will get my act in gear today and scan up this "BC" letter and rest of contents.

 

I will do as you suggest and call BC Directors Office. Letter of complaint to OFT and email complaint to ICO.

 

Thank you CD

[DonkeyB]

Can we go back – did you send a CCA request to HFO and an SAR to Barclaycard?

 

This may just be the response to the CCA.

 

This has happened before.

[coledog]

I think that this is the response to the CCA - HFO have asked BC for a credit agreement and this is what they have sent back to THEM, not sure why they have addressed it to you. It is clear that they do not have a credit agreement as such. bye, bye.

 

The SAR to BC is a different matter, they are not obliged to send you a Credit Agreement as they would be under a CCA request but must send you any records, correspondence etc - basically data they have on you. If they are claiming to have nothing they must tell you this. This is what you need to chase up with BC. Actually their contact with HFO should show up in a SAR.

 

As usual - BC and HFO just seem to add confusion.

[bluebare]

BC DirOFF looking into this. They requested phone number to get back, but I declined as don't trust BC not to forward onto HFO. I suggested email and they initially said not possible but could send response to complaint by letter. I advised person on phone that address associated with account was no longer valid and letter would need to go to my current address. She then said I would have to follow certain procedures to establish my identity such as going into a branch with ID so establish a address change. Or I could write to them informing them of address change. I said already done this twice: once with SAR letter, giving old address and current and again with reminder letter. She then said that would suffice and they would contact me back once they had information and that they would after all email me

 

Am I just being over cautious not giving BC my tel number as it seems BC are bending over backwards to help HFO and I don't want those goons getting hold of my number.

 

Also I have to sure of clear procedure to follow to ensure BC write to me at current address and not address held on their files. They are giving me the run around wanting me to prove identity even though I can give them specific details such as account # and address they hold on file.

 

Bluebare

[bluebare]

Can we go back – did you send a CCA request to HFO and an SAR to Barclaycard?

 

This may just be the response to the CCA.

 

This has happened before.

 

Yes CCA request to HFO on 14th September

SAR request to BC on 10th October

 

Letter from HFO 25th November with letter from BC inside and no proper signed CCA, T&C or statment

[bluebare]

Sorry forgetting manners. Good morning DB

[DonkeyB]

Morning bluebare.

 

Well, Barclaycard in their CCA request sent via HFO – which is where it should come from, though the letter is weird – have admitted the account is unenforceable at law.

 

Let’s see HFO try and argue with what Barclaycard think!

[coledog]

So far so good - let us see what they come back with. Did you get a contact name and email? as you can put this in writing to them.

[bluebare]

So far so good - let us see what they come back with. Did you get a contact name and email? as you can put this in writing to them.

 

No I didn't as had enough difficulty to pin them down to write to me as it was. Stupidly, brain is not functioning well this morning, I am not sure who I spoke to, think Clarissa. She could not give me information as my complaint would be dealt with another department

[badgerbrown]

Hello again good people, it has been some considerable time since I posted on here (my M.S. acts up when I am stressed) but I have received very similar to Bluebare and will start a new thread as soon as I can.

[DonkeyB]

badger, here’s your thread – just continue there! No need to start another thread.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?302196-HF0-BARCLAYCARD.-Please-advise.&p=3371070#post3371070

[dadofholly]

I think that this is the response to the CCA - HFO have asked BC for a credit agreement and this is what they have sent back to THEM, not sure why they have addressed it to you. It is clear that they do not have a credit agreement as such. bye, bye.

 

The SAR to BC is a different matter, they are not obliged to send you a Credit Agreement as they would be under a CCA request but must send you any records, correspondence etc - basically data they have on you. If they are claiming to have nothing they must tell you this. This is what you need to chase up with BC. Actually their contact with HFO should show up in a SAR.

 

As usual - BC and HFO just seem to add confusion.

 

CD - They are obliged to send you a copy of the agreement, if it exists. They should send you copies of everything they have from which you can be personaly identified, and pertains to your account with them, including correspondence with third parties.

 

Was confirmed to me by ICO.

[coledog]

CD - They are obliged to send you a copy of the agreement, if it exists. They should send you copies of everything they have from which you can be personaly identified, and pertains to your account with them, including correspondence with third parties.

 

Was confirmed to me by ICO.

 

Absolutely agree - as it is not a CCA request, the point I am making is, that they would not have to produce a 'recon' under the SAR if no agreement exists. Agree they must produce all documents and correspondence with 'third parties' plus any 'system notes'. In this case they have concocted a 'recon' for HFO' purposes but must still send everything else they have on record.

[dadofholly]

Thats correct they would not need to produce a recon - but of course if they don't have the original signed agreement the debt cannot be enforced

[DonkeyB]

...unless the judge doesn’t know the law when HFO try it on...

[bluebare]

Here are scans of docs sent by HFO

CCA2.pdf

CCA1.pdf

[DonkeyB]

Absolute joke. Non-compliance 100%.

[bluebare]

Thanks DB. Ok well I'll shoot off a rehashed copyof template letter below:

 

Dear sir/madam

 

Thank you for your response to my request under the Consumer Credit Act section 78.

In your response you confirm this as a true copy of the original agreement executed by yourselves on the XXXXX.

 

As you must realise this agreement does not conform to sections 60(1) and 61(1) of the Consumer Credit Act 1974 and would therefore only be enforceable by a court under s65. However, the absence of any (prescribed terms / signature) means that a court would be prevented from enforcing it under s127(3).

 

I am granting to you a further 21 days to produce a copy of an executable agreement. After that I will consider that the above account is closed and that you will no longer pursue the alleged debt.

 

After this period you should close the file and cease processing an personal data relating to me on this matter

 

I'll remind them that BC are admitting by letter that they do not have an enforceable agreement

[bluebare]

The amendments to section 127 brought in by the CCA 2006 don't apply to me as the agreement predates 6th April 2007 - if I'm reading correctly

[DonkeyB]

Yup.

[bluebare]

Ok well letter off then also citing their complaints procedure. Also letter to OFT

[bluebare]

It's a bit long winded to say the least but the template letter here gives me something HFO can chew on

 

http://forums.http://forums.moneysavingexpert.com/showpost.php?p=53600973/showpost.php?p=56330&postcount=11

[dadofholly]

That link does not work

[BRIGADIER2JCS]

Emmm I get a network connectivity problem??

Any probs your end bluebare

[bluebare]

My apologies Dad, Brig and anyone else who tried link. It was a cut and paste from the address line of a different forum.

 

However, somehow there ended up an extra http at the beginning of the address. When I corrected this the address took me to a spoof page - saying leave the computer and go out to the garden, which was not a bad piece of advice as I had been trawling the internet for ages readiing up on "unenforceability"issues and recent court rulings. The forum I was on was a valid one and the template letter looked useful, however, as I clear my browsing history each time I log off I cannot recheck website or remember website I was looking at.

 

Sorry to have wasted your time. I assure you it was unintentional. Considering the time I had spent reading up to get up to speed on some of these issues the humour relayed by the spoof webpage was quite apt. I should know better to check an address is valid or not malevolent before passingon to anyone else.

 

fyi the link to the spoof page is www.1112.net/lastpage.html

 

Bluebare :embarassed: