Barclaycard Debt 04/05 - HFO Services since 2006. What to do?

[learningtofly]

Hi all

 

I’m writing on behalf of my girlfriend who has a longstanding debt which she has finally agreed she needs to look in to, but does not know where to start. She admits she has been irresponsible and has been scared to look into it for a long time, but having read around these forums for a while I’ve managed to convince her that there are processes that we should follow to see where things really stand, what really needs to be paid, and if there is anything she can claim back. I’m not particularly informed myself, but am prepared to read and invest time and effort into this to try and help her, and any help and advice anyone can give would be really appreciated.

 

 

The debt is a Barclaycard credit card debt relating to the period May 2004 to January 2005 and was apparently passed to/sold to HFO Services in April 2006.

 

 

My girlfriend says she spent on the card, and then tried to forget about it/run away from it and obviously at some point stopped paying the minimum payment. She was at university at the time and moved address frequently, and so we are presuming Barclaycard chased her for payment for a period before passing/selling the debt to HFO Services in April 2006.

We attended a Barclays branch recently and explained that she wants a full itemised breakdown of all transactions and charges on the account from opening to closure for the purposes of claiming back PPI (which she had) and also any late payment/other charges which were made by Barclays (which she thinks she remembers), and also to find out exactly what the final balance of the account was when it was passed to HFO Services.

 

 

Barclaycard said that she would need to write to them and enclose a cheque for £10 – so I’m presuming that this is the SAR request that I’ve read about?

 

 

Barclaycard then confirmed the date in April 2006 that the debt was passed to HFO Services, and also that the amount was circa £3000.

 

 

So – obviously there are processes to go through to reclaim PPI and possibly charges, what should we be doing here?

 

 

Next, and most importantly – HFO Services.

 

 

My girlfriend only remembers the following correspondence with them:

 

 

January 2011 – They called her demanding money, my girlfriend only remembers agreeing to set up a direct debit which she paid a couple of instalments on before cancelling.

 

 

March 2011 – This is the date of the most historic paperwork she has from them. It states “72 Hour Notice Of Litigation” – red writing, multiple pages, with lots of scary looking court information and statements saying basically that their solicitors will be issuing court proceedings if not contacted within 72 hours. Looks similar to the correspondence you get from Private Parking Companies (something which I have extensive knowledge on and have accumulated and ignored many unenforceable demands for money over the past few years). It also states “the balance of your debt continues to increase” and states that the debt is circa £5000!! Circa £2000 more than the final figure given by Barclaycard!

 

 

August 2011 – They called again, girlfriend says she again set up a monthly direct debit to them. This is documented in a letter stating the amount and payment date, and also the debt owed is now somehow circa £4000!! Down around £1000 from March 2011, but still around £1000 more than what Barclaycard said the final balance was.

 

 

There have been no other phonecalls or letters since and my girlfriend has paid an amount monthly by direct debit since September 2011 without break.

 

 

I called HFO services on her behalf in March 2012 to ask for some information and was told that the total amount when passed to HFO by Barclaycard a bit over £4000, and this was in May 2006. This is a month later and over £1000 more than what Barclaycard have told us!

 

 

They also said that the account was “up for review” in April 2012 – whatever that means, mentioned something about being able to offer a reduced amount for a one off payment to settle the account, and that it was being passed to Roxburghe.

 

 

Sure enough, in April 2012 my girlfriend received a letter which has HFO letterhead, and HFO Capital Limited address (unlike the other letters which have HFO Services letterheads and HFO Services, Surrey addresses).

This states “Notice of Appointment” says the account has been passed to Roxburghe Limited for servicing – but also states that:

“any correspondence or enquires relating to your BARCLAYCARD debt, owed to HFO Capital Limited, to Roxburgh (UK) Limited”

 

 

The outstanding balance is now a little under £4000 – with my girlfriend having paid monthly direct debits since September 2011 as stated.

 

 

The only other information I can currently give is that when I rang HFO Services the guy told me to check her credit report - there will be a default registered and there is a default balance. Should we do this? Is this relevent?

 

 

Can anyone advise on what to do now?

I’ve read things like HFO Services are being investigated and may not have a right to collect these types of debt, the debt is over year and so might not be enforceable, something to do with HFO Capital being abroad so that is something illegal, they may not have the right to collect the debt – something to do with getting CAG?, etc.

 

 

I’m just looking for advice on what processes to follow now, what letters to send, etc – and what to do/not? Should my girlfriend keep making payments? Etc? We want to find out how much really needs to be paid – if anything – and then if there is an amount to pay – to settle it in full and move on.

 

 

Many thanks for reading.

[learningtofly]

Can anyone advise me on this please?

 

I'm not too sure where to start?

[42man]

Is there a gap of at least 6 years (5 years in Scotland) where no payment towards the debt has been made or it hasn't been acknowledged in writing ? (even if she has started paying recently) if so then it may be statute barred

[learningtofly]

I'm not sure at the moment.

 

Barclaycard gave dates of May 04 to Jan 05 when she had the card.

 

I don't know if she made any payments to them after Jan 05, but she says she had phone contact from HFO in Jan 11 and paid something to them.

 

So it's possible? She may have made the payment just inside 6 years though........if only she had known!

 

As well as sending an SAR request to Barclays for all transactions relevent to the Barclaycard should she send the same to her other bank and us then check all historic statements to see what payments have been made when?

[DonkeyB]

Subbing...

[learningtofly]

Subbing?

 

Is that like a warning because I posted earlier when no-one had posted back to my original post.

 

Apologies - sorry if so.

 

Just keen to find out what can be done as my girlfriend has finally agreed to address the situation having kept it a secret for a long time as she was scared about it.

 

I'm new to all of this - and although I'm reading around a bit I'm not sure what to do and in what order. Not sure in the meantime if she should even still keep paying the monthly amounts she has done to HFO - which have totalled hundreds of pounds already now?

[Bazooka Boo]

Something doesn't sound right with the HFO lot, and passing the account round...

 

Yes check her credit file, have a look at what is on their and the names marked next to any defaults.

 

If you want to reclaim any charges from banks or credit cards, then a SAR would be the one to send (£10) to get sight of the account and what she was charged.

 

As for PPI, I believe this is a different letter? But not 100% on that....I've never had it so have never had to reclaim it...

 

If there are any DD's set up to pay this, then cancel them immediately and set up standing orders only, you control standing orders, where the banks and any company with access to your account via DD control them.

 

Stay off the phone, keep everything in writing, if they ring laugh and hang up, keep a diary of events also, especially where their harassment is concerned.

[Bazooka Boo]

It's not a warning, and donkey should be walloped for that! (not using the thread tools button )

 

It just mean that he is alerted to any new posts as he may be able to give you advice, and I think he is one of the HFO haters club!

[learningtofly]

Ah right. Thanks.

 

So to do now is - check credit file, send the SAR template to Barclays, and send another letter or 2 to claim PPI and card charges - to Barclays?

 

Been reading around this site and there are templates for all of the above right?

 

Also send a template letter to HFO? Roxburghe? - asking for the CCA thing?

 

 

Do I tell my girlfriend to cancel any payment she is making to them?........as I said - she has been doing this since Sept 11 now and has paid hundreds of pounds to them already?

[Bazooka Boo]

Instead of cancelling the payments drop them down to a realistic £1 a month,

 

Check CRF yes.

 

SAR Sharklays yes.

 

Here is the link to the letter templates http://www.consumeractiongroup.co.uk/forum/content.php?68-debt-collection-library

[learningtofly]

Next payment is due in a couple of days....what should I get her to do?

 

Just change the amount to be paid on the direct debit to £1 and not inform HFO Services?

 

Surely they will try and chase this somehow?

[DonkeyB]

It's not a warning, and donkey should be walloped for that! (not using the thread tools button )

 

It just mean that he is alerted to any new posts as he may be able to give you advice, and I think he is one of the HFO haters club!

 

Er, thread tools button doesn't exist on the mobile version. And why shouldn't I be able to let a Cagger know I'm on board to help rather than being silent? Whoever wrote that 'grandstanding' jibe is a rank idiot!

[coledog]

Morning all

[coledog]

Yes - send a SAR request to Barclays and look into claiming back any PPI.

 

Send a CCA request to Roxburghe

 

CCA letter to send with a £1 postal order by recorded delivery, do not sign. They have 12 plus 2 working days to reply. If nothing valid is received you can send a letter to put the account in dispute and this should stop them contacting you. Add a request to the letter that you also require statements of all payments made to HFO and Rox, they should be sending this but never do

 

http://www.consumeractiongroup.co.uk/forum/content.php?414-CCA-request-letter

 

STOP speaking to Rox or any DCA on the phone - keep everything in writing ONLY. If they ring - tell them IN WRITING ONLY and hang up, do not get into conversation with them. If they continue to ring - send this

 

http://www.consumeractiongroup.co.uk/forum/content.php?493-Harassment-by-telephone-response-letter

 

STOP any Direct Debits - NEVER EVER pay a DCA by Direct Debit, they can take what they like from your account. I would not pay anything until you have some proof that these companies have a right to your money - which they probably do not in this case and if you must pay, use a Standing Order or other means.

 

DO NOT feel pressurised or threatened into paying this - take control and get all the facts

[royalscot]

Er, thread tools button doesn't exist on the mobile version. And why shouldn't I be able to let a Cagger know I'm on board to help rather than being silent? Whoever wrote that 'grandstanding' jibe is a rank idiot!

 

100% Correct Donkey

[learningtofly]

Thanks for the helpful replies.

 

Girlfriend has cancelled the direct debit and no further payments will be made to anyone until all letters suggested above have been sent and replies recieved.

 

Hopefully we can get all of this done over the next few days.

[broken arrow]

er, thread tools button doesn't exist on the mobile version. And why shouldn't i be able to let a cagger know i'm on board to help rather than being silent? Whoever wrote that 'grandstanding' jibe is a rank idiot!

 

subbing

[DonkeyB]

BA, you are a nuisance and an exhibitionist.

 

So just who did write that idiotic link to ‘subbing’? Come on site team, own up. Who’s the supercilious tw*t?

[broken arrow]

BA, you are a nuisance and an exhibitionist.

 

So just who did write that idiotic link to ‘subbing’? Come on site team, own up. Who’s the supercilious tw*t?

No, not at all, I have much better things to do, time to log out of CAG for good,so adiau and farewell......

[DonkeyB]

No, not at all, I have much better things to do, time to log out of CAG for good,so adiau and farewell......

 

[BRIGADIER2JCS]

Well I am surprised at this spat of childlike comment from

members of the HFO fan club.

Get on with what you all do best and use the site

tools available when you can!!!!!!!!!!!!

[Bazooka Boo]

[coledog]

No, not at all, I have much better things to do, time to log out of CAG for good,so adiau and farewell......

 

Hope not!

[coledog]

Thanks for the helpful replies.

 

Girlfriend has cancelled the direct debit and no further payments will be made to anyone until all letters suggested above have been sent and replies recieved.

 

Hopefully we can get all of this done over the next few days.

 

Give them 12 plus 2 working days to respond to your CCA request - then send the 'Account in Dispute' letter. Let us know if you receive anything from them at all.

 

The SAR request can take up to 40 days

 

If Rox phone you - just say 'account is in dispute' and hang up!

[DonkeyB]

Well I am surprised at this spat of childlike comment from

members of the HFO fan club.

Get on with what you all do best and use the site

tools available when you can!!!!!!!!!!!!

 

Spat? That was a mickey-take. Obviously! Quoting words from CAG.

 

But that note on the word ‘subbing’ is highly offensive. People like me, BA and others should not be accused of being a ‘nuisance’ or an ‘exhibitionist’ because we make clear our offer of help. It should be changed. It’s insulting. Who wrote it, Brig? Are they too ashamed to own up?