HFO - Yet another one

[Tashaounette]

Hello all

 

Are you sitting comfortably? I have a story to tell you.....

 

Earlier this year, I had a letter from a company called HFO informing me that I owe HFO services £1800+ for a Barclaycard. Now the letter didnt have any other information. I called them being the little innocent I am. The reason I called them is because I have never owned a Barclaycard. They sent the letter to arrive with me on a Saturday, and giving me 5 working days to contact them.

 

When I managed to contact HFO service on the Monday - she asked the usual DPA questions, and stupidly I gave her my DOB (which I do not feel they had).

 

I calmly explained that I believe they had made a mistake as I had never taken or applied for a Barclaycard. This woman called me a liar, when I probed her, apparently this card was taken out in 2003, at a London address I was briefly a tennat at. She then told me the card defaulted in 2006. I pointed out, quite reasonably I feel if it had taken 3 years to default, payments would have had to be made - and as I was not aware of this debt, it wasnt me.

 

When I explained that it couldnt have been me, I was 18, in temporary rented accomadation with no income, her response was that maybe your parents took it out in your name? I told her that would be fraud, and it definately wouldnt be a matter for a debt collection agency, but one for the police. This shut her up very quickly.

She also said that I was the one who had to prove I didnt take out the card.

 

Now, I was scared a little scared, so I contacted a solicitor, who advised me to write a letter to Barclaycard and copy in HFO stating the reason why I felt that they had no claim. I sent it recorded delivery.

This is what my letter said:

 

 

 

24th May 2011

 

To Whom It May Concern:

 

Ref: Account number xxxxxxxxxxx

 

With regards to the above account number, I have taken legal advice which is of the opinion that a disputed debt lies with a court of law not with debt collectors.

 

I am disputing this account for several reasons as listed below:

 

1. I have never owned or applied for a Barclaycard.

2. I have been informed that the card was issued in 2003, I was 18 years old, with no income in temporary rented accommodation. If Barclaycard issued a credit to someone of this nature, this is something that needs to be investigated.

3. I have not lived at the address that HFO gave me for 9 years.

4. I have never received a statement from Barclaycard.

5. If this card was issued in 2003 and defaulted in 2006 regular payments would have had to be made to keep the card active for it to default 3 years later. As I was not aware of this account, I would not have made payments.

6. Please also consider that the rented accommodation I was at the time had a communal hall and everyone had access to the post.

 

I received a threatening letter from HFO informing me of this debt, but also stating that they have attempted to contact me on several occasions. This is untrue as I have never had any correspondence from them or any other agencies.

 

I did contact HFO on the 16th May 2011 at 11:57 to advise them of the above. I was informed that it was ‘up to me to prove I have not had a Barclaycard, not them and they will be taking me to court’. I also asked for information to be sent to me to prove that it was something that I was aware of, and again the response I received was, ‘you can see it in court’.

 

This phone call and my request has been ignored as I received a second letter dated 23rd May advising me that I have failed to make contact and they are in the process of preparing and in depth information dossier on my current financial situation.

 

I am upset and distressed with the attitude that I am being presented with. It is not my duty to prove that I did not have this card and this is the reason why I contacted solicitors.

 

If you do issue a court claim I would apply with a defence and this would include expenses including solicitor’s fees, my time and telephone calls. If I do hear from a debt collection agency I will instruct a solicitor under the harassment act.

 

I have copied this letter to HFO Services and I await your speedy response.

 

Kind regards

 

 

HFO and Barclays seemingly ignored this letter and I kept receiving the letters from them. I contacted the solicitor again who advised to ignore it, they are the ones who had to prove I owe the debt not me.

 

 

 

I ignored it as stated, and heard nothing for months. Now I have received a partially written letter from HFO and a letter address to my old address from Barclays.

 

After some bumf about the Consumer credit act etc they go on to say:

 

I enclose a reconstituted copy of you credit agreement. A statement of you account is below:

 

The current credit limit on your account is £0.00

The current balance on your account is £1048.91

 

Due to the current status of your account, the full outstanding balance is now due.

 

We are currently unable to provide a copy of the terms of you credit agreement as varied in accordance with section 82(1) of the Act. We accept that we are therefore prevented from enforcing our agreement with you while this state of affairs continues.

 

Notwithstanding that we cannot currently enforce this agreement out tights to continue to exist under the agreement. You should therefore continue to pay the debt that has been accrued on your account. We can and will continue to take any action short of enforcement, which includes reporting to credit reference agencies without also telling them that the agreement is currently unenforceable, demanding payment from you, issuing a a default notice to you and instructing a third party to demand payment of other wise seek to procure payment. We refer you to the case of Philip McGuffick v The Royal Bank of Scotland {2009} in which none of these steps constituted "enforcement" for this purpose.

 

Please note that the decision in Carey V HSBC {2009} makes it clear that 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.

 

Do they have a leg to stand on?

Edited September 14, 2011 by Tashaounette

[Tashaounette]

I am sorry that my post is in one long paragraph. I do put spaces etc, but it never keeps them..... can anyone help me with that too?

[Bazooka Boo]

Oh for gods sake! HFO are really really willing themselves to lose their licence this year.....

 

IGNORE all of them, sharklaycard HFO, and any other clown outfit that has delusions of grandeur.

 

Report them both to the OFT&TS via http://www.direct.gov.uk/en/Dl1/Directories/UsefulContactsByCategory/Governmentcitizensandrightscontacts/DG_195948

 

Especially HFO, they are almost out of a job......can't wait to read about that in the papers! And on credit today....

 

Also, enter into sharklaycards complaints procedure and exhaust it all the way up to the FOS.

[dadofholly]

two of these today - one for welcome and now a BC both posted on hear late afternoon early evening?

 

very strange.

[dadofholly]

Tash did you hold ANY credit cards from that period? It could be a company that BC took over.

[BRIGADIER2JCS]

two of these today - one for welcome and now a bc both posted on hear late afternoon early evening?

 

Very strange.

 

why strange:???:

[dadofholly]

why strange:???:

 

Because both are saying they have NEVER had agreements with the OC's and posting around the same time, on the same day.

 

So what are HFO up too?

[BRIGADIER2JCS]

IT is I think Called desperation loosing licence,

get as much in and off the books before it all

goes TITS UP:madgrin:

[dadofholly]

Brigadier

 

Just tried to send you a PM but your box is full

[BRIGADIER2JCS]

Clear now

[dadofholly]

Brig

 

you have mail

[BRIGADIER2JCS]

Recd.

[coledog]

Evening al!

[Tashaounette]

Evening all

 

Firstly, I was trying to add my post all day, but I was at work and busy so made it very late by the time I did the post.

 

I have been dealing with these idiots for months...

 

And in answer to someone's question, I couldnt even get a debit card current account, all I could get was a cash card account designed for under 16s.

 

Let me know what you all think, are they expecting me to sign this reconstituted agreement to accept liability? Do they think I am wet behind the ears?

 

What do you think I should do? I want to take this b*stards down, and I want them to hit every step on the way down!!

 

I will check in tomorrow.

[stormski]

Evening all

 

And in answer to someone's question, I couldnt even get a debit card current account, all I could get was a cash card account designed for under 16s.

 

I will check in tomorrow.

 

Hi,

 

The Co-op do a basic cashminder account which you should be able to get by going into a branch only ( as long as you don't have any debt etc related to them ).

 

You will be able to get this even with bad credit..

 

You have to apply in the bank.

Don't ask for the overdraft ( or you won't get it with bad credit ).

 

You get a debit card...internet banking...and can set up standing orders etc...( it does do direct debits but i don't believe in these any more ).

 

And you can pretty much run it online...

 

Perfect for our use...

 

Hope that helps..

 

Regards,

Stormski

[dadofholly]

.

I enclose a reconstituted copy of you credit agreement. A statement of you account is below:

 

The current credit limit on your account is £0.00

The current balance on your account is £1048.91

 

Due to the current status of your account, the full outstanding balance is now due.

 

We are currently unable to provide a copy of the terms of you credit agreement as varied in accordance with section 82(1) of the Act. We accept that we are therefore prevented from enforcing our agreement with you while this state of affairs continues.

 

Notwithstanding that we cannot currently enforce this agreement out tights to continue to exist under the agreement. You should therefore continue to pay the debt that has been accrued on your account. We can and will continue to take any action short of enforcement, which includes reporting to credit reference agencies without also telling them that the agreement is currently unenforceable, demanding payment from you, issuing a a default notice to you and instructing a third party to demand payment of other wise seek to procure payment. We refer you to the case of Philip McGuffick v The Royal Bank of Scotland {2009} in which none of these steps constituted "enforcement" for this purpose.

 

Please note that the decision in Carey V HSBC {2009} makes it clear that 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.

 

Do they have a leg to stand on?

 

Right they are admitting that they can not enforce this agreement - so they can not take you to Court untill they comply with your S78 request. And they say they can not do that, so no need to worry about them attempting to get a CCJ. (The agreement they sent you is a recon, so will not have your signature etc. - Have they supplied an application form?)

 

They are correct in the fact that they can still ask you to pay the debt, unless of course the debt is stutute barred and you have informed them of this. The default in 2006 suggests it could be - or close to being - stat barred.

 

Now if you say this debt is definatley not yours they are harrassing you. Some of the claims they have made to you, and the language they have used is also against the OFT guidlines, so you may have a valid complaint to the OFT for those issues.

 

They also say they will continue to report to the credit reference agencies. Now if you never had this debt thye will be libeling you by continuing to report incorrect info. Again possible grounds for a complaint to the OFT.

 

In short it is up to them to prove you owe this money - not you to prove you don't.

 

Can you scan and upload the copy of the agreement they have sent you, and also the letter they sent stating that they can not enforce the debt. Make sure you remove any personal info, barcodes, agreement numbers etc.

 

The guys will then be able to give you more advice.

Edited September 14, 2011 by dadofholly

[dadofholly]

Also check your credit files to see what info, if any, they are actually reporting. Be interesting to see the date of default.

[Tashaounette]

Hi,

 

The Co-op do a basic cashminder account which you should be able to get by going into a branch only ( as long as you don't have any debt etc related to them ).

 

You will be able to get this even with bad credit..

 

You have to apply in the bank.

Don't ask for the overdraft ( or you won't get it with bad credit ).

 

You get a debit card...internet banking...and can set up standing orders etc...( it does do direct debits but i don't believe in these any more ).

 

And you can pretty much run it online...

 

Perfect for our use...

 

Hope that helps..

 

Regards,

Stormski

 

Morning Stormski

 

Thanks for the advice, but that was years ago I couldnt get a debit card. I am ok now, I have a credit card (not with Barclaycard), mortgage, Current account with overdraft, store cards etc. I keep my financial affairs in good order, I know who I owe and how much at the drop of a hat I could tell you. So these 'people' can not pull the wool over my eyes.

[DonkeyB]

Just a bit of Radio 4 background to show this thing has been going on for years...

 

http://www.bbc.co.uk/programmes/b00jbpyq#synopsis

[DonkeyB]

Just in case you missed it...

 

http://www.dailymail.co.uk/money/article-1179871/TONY-HETHERINGTON-Hurl-brick-window-advises-solicitor.html

[Bazooka Boo]

Someone call??