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hfo threats

please help i have ben getting phone calls from hfo services regarding a non existant debt they told my son who is disabled over the phone that thaey will take our house now my house belongs to the council so i know they cant do that ..i have asked hfo to send me all the details but have had no written correspondance from them at all..now this morning i had a call from them and he said he was passing me over to the litigation team anyway this man came back on the phone pretending to be someone else and was threatening me with court action i tried to explain my circumstances to him that i did not work and that i had to live on £100 per week and he got really nasty saying that i wasnt listening and all i cared about was the money i have asked for written details but he said the debt has now gone from £231 to £ 687 is there anyone i can contact to make an official complaint and stop the harrasment ,i suffer with depression to start with and this has made me feel really bad and upset please help.........ps i was told by hso that the debt had been passed onto them but i was told this morning that they had been through my credit report and had got the debt from that now if that is the case is this not illegal can they take cases on that way

Comments

  • RAS
    RAS Posts: 36,156 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Hi

    They are completely out of order. Yes, you need to report them to the OFT. And you can demand that they provide you

    1. With written evidence of the debt
    2. Stop phoning you
    3. Stop breaking the Data Protection Act by discussing your debt with DS.

    So as a start, stop talking to them.

    Letters coming up.
    If you've have not made a mistake, you've made nothing
  • RAS
    RAS Posts: 36,156 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Number one

    National Debtline "prove it" letter

    Quote:
    1 High Street,
    Newtown,
    Kent
    R21 4RH
    October 9, 2007

    The Loan Company
    Company House,
    Church Street,
    Newtown,
    Kent,
    R1 7HG


    Dear Sir/Madam

    Ref: xxxxxxxxxxx

    You have contacted us regarding the account with the above reference number, which you claim is owed by ourselves.

    We would point out that we have no knowledge of any such debt being owed to The Loan Company.

    We are familiar with the ‘Office of Fair Trading Debt Collection Guidance’ which states that it is unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

    We would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

    Furthermore, ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

    We would ask that no further contact be made concerning the above accounts unless you can provide evidence as to our liability for the debt in question.

    We await your written confirmation that this matter is now closed. Otherwise we will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

    We look forward to your reply.

    Yours faithfully





    Mrs A N Other
    If you've have not made a mistake, you've made nothing
  • gettingbetter
    gettingbetter Posts: 1,449 Forumite
    Mortgage-free Glee!
    hi

    i think there are a couple of letters
    you can send

    the prove it letter
    phone harressement one
    and the communication in writing

    someone will be along soon with the links

    kas xx
    br no 188 ;) AD 17th apr 09:D
    :Dmortgage free 22/5/09:D
    :Ddebt free 11/8/09:D
    :j#18 £2 saver = £ :T sealed pot #333
    silent member of mikes mob
    i will lose weight :rolleyes: i will sort my house :o
  • RAS
    RAS Posts: 36,156 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Telephone


    Harassment by telephone



    Quote:
    Your Street
    Town
    City
    Postcode
    DATE HERE

    Company Name
    Road
    Town
    City / County
    Postcode


    Dear Sirs,

    Harassment by telephone

    Account Number: XXXXXXX

    I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

    I have verbally requested that these stop, but I am still receiving calls. (Delete if necessary)

    I now require all further correspondence from your company to be made in writing only.

    I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

    If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

    Please treat this also as a formal complaint, and send me a copy of your company complaints procedure.

    Be advised that any further telephone calls from your company will be recorded. (**Even if you don‘t yet have recording equipment!!**)

    Yours faithfully,


    (type don't sign)
    If you've have not made a mistake, you've made nothing
  • RAS
    RAS Posts: 36,156 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    And OFt Guidelines

    http://www.oft.gov.uk/shared_oft/bus...dit/oft664.pdf

    Write a formal letter of complaint to them and demand an apology and confirnation that no debt collector will ever speak to your son again.
    If you've have not made a mistake, you've made nothing
  • thanx for reply since i got your reply i have been on to the oft and they said they would make a note of my complaint but there is nothing they can do have you any mor ideas
  • RAS
    RAS Posts: 36,156 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    ahve you sent the letters above to HFO.

    Until you instruct them not to phone you, they are not breaking any rules.
    If you've have not made a mistake, you've made nothing
  • I have also been on the wrath of these idiots from HFO. They contacted me last year saying I had a debt of just over £1000 from a debt I had from Welcome Finance. I do remember having a loan with Welcome (over 10years ago) but to be honest cant remember paying the whole sum back. Anyway it doesnt excuse the harrasement from HFO. They were constantly calling me at work & when I wasnt taking their call they would ask to speak to my Supervisor & Manager etc!!!! I mean what has it to do with them?? They even had the cheek to send a letter to my work telling them all about the debt. I was mortified, how dare they invlove my work place. Anyway to get them off my backs I told them I could only afford £50 per month which was accepted. I've been paying this now for the past 5months or so, but recently have cancelled the Direct Debit as I have been reading lots of posts reg HFO & realising I might not even owe them the money after all. So once again they are now harrassing me at work. Can anyone help? What should I do now? Should I continue paying them or fight it out?

    Thanks
  • RAS
    RAS Posts: 36,156 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    This debt will be statute barred if there was ever a 6 year period within which you did not pay (5 years in Scotland), UNLES there is an outstanding CCJ. The fact that you have paid something in the last 5 months would not change that as long as there is a clear gap prior to this.

    However, you need to do three hings.

    1. Statute barred letter
    2. Telephone letter demanding they stop communicating with you by telephone.
    3. Formal complaint regarding their actiojn in calling you at work and embaressing you as this is harassment and a demand for compensation.

    Will try and post the elements and some links in a bit.
    If you've have not made a mistake, you've made nothing
  • I'm really not sure if there is an oustanding CCJ.

    Thank you RAS I shall carry out the 3 things asap.
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