HFO Services

Andy2312

Hi, First ever post, can anyone give me advice on dealing with this company, very uncomfortable telephone conversation with them yesterday......help

goggles99

hi, ive had contact with them recently too from nowhere....i had a barclaycard out in 2001 as far as i was concerned i paid it off when i sold my house back in 02 since then i have spent the last seven years in cardiff and have had no contact form barclays at all then all of a sudden a letter from these rude people asking for full payment for over £3000 or they will either take me to court or send the bailifs round, i did a bit of research and asked for a true and fair copy of the contract which after 2 months they sent me a copy of the application form only signed by myself and not the lender ( dont know if this is significant to my defence) and seperate terms and conditions which could be from anywhere so i sent another reply asking for a copy which is signed by both and then they sent a full dossier on me all my previous addresses my overdraft limit my bills i pay and thretened to inform my partner of this debt as she was named on this mortgage and this house was at risk aswell if i did not pay them and if i do not pay them in full they will take me to court where they will apply for a court order to use bailfs to collect what i owe!!!!! arghhh!!!!
and they are such an aggressie company i wouldnt mind sorting this out if they were understanding but all they want is the cash NOW!!!! this is the only reason i want to fight them is because they are bullies and thissituation and the way they handle it could really cause some people a lot of stress and depression
CAN ANYONE HELP???????

DizzleUK

goggles99 wrote: »

hi, ive had contact with them recently too from nowhere....i had a barclaycard out in 2001 as far as i was concerned i paid it off when i sold my house back in 02 since then i have spent the last seven years in cardiff and have had no contact form barclays at all then all of a sudden a letter from these rude people asking for full payment for over £3000 or they will either take me to court or send the bailifs round, i did a bit of research and asked for a true and fair copy of the contract which after 2 months they sent me a copy of the application form only signed by myself and not the lender ( dont know if this is significant to my defence) and seperate terms and conditions which could be from anywhere so i sent another reply asking for a copy which is signed by both and then they sent a full dossier on me all my previous addresses my overdraft limit my bills i pay and thretened to inform my partner of this debt as she was named on this mortgage and this house was at risk aswell if i did not pay them and if i do not pay them in full they will take me to court where they will apply for a court order to use bailfs to collect what i owe!!!!! arghhh!!!!
and they are such an aggressie company i wouldnt mind sorting this out if they were understanding but all they want is the cash NOW!!!! this is the only reason i want to fight them is because they are bullies and thissituation and the way they handle it could really cause some people a lot of stress and depression
CAN ANYONE HELP???????

Sounds like this is statute barred to me. Ignore them. I assume they don't have a contact telephone number for you?

If you can't deal with the harrassment, try sending them a letter stating the debt is statute barred. There is a template around here somewhere (I really should have a look to find out where it is lol).

Oh and even if the debt was still payable you wouldn't lose your house on an unsecured debt of £3000

fermi

DizzleUK wrote: »

There is a template around here somewhere (I really should have a look to find out where it is lol).

https://forums.moneysavingexpert.com/discussion/2557223

fermi

Andy2312 wrote: »

Hi, First ever post, can anyone give me advice on dealing with this company, very uncomfortable telephone conversation with them yesterday......help

Only deal with them in writing.

And post here for help: --> Debt-Free Wannabe

goggles99

thanks guys,
had two more calls from hfo today both from india and the first one got quite aggressive towards me as he was trying to get me to make a payment there and then and when i refused as it was an "alleged debt" which i was disputing. he started to threten me that he could no longer help me and that i was in a strong financial position to pay this debt which made me laugh out loud as i assure u i am not and told him i will take my statments to court if i have to prove that, idiot, i did not acknowledge the debt then he said he has no choice but to send it to the legal team where they will request it is charged against my house which i joint own,
now i might sound stupid here but can you just answer these if u get a sec...
1. on the application form for this alleged debt (barclaycard 2001) there is only my signature and the lenders signature is blank, does this help?
2.the property i was in was rented when this was done now 9 years later i have a joint mortgage how is this affected?
3.if i send them the statue letter what happens then,

thanks guys

goggles99

Sorry guys please help !!!!!!!!!!!!1
i spoke to them again and asked them to stop calling me as i was feeling harassed and please put everything in writing but they have ignored this request and have had two more calls today,
there is definatly no signature in the lenders signature box on the application form does this mean it is unenforcable?? If so what letter do i send to state this and what is my next step????
Please!!!!

fermi

goggles99 wrote: »

there is definatly no signature in the lenders signature box on the application form does this mean it is unenforcable??

No. It doesn't.

Your signature is the only one that is required.

goggles99

even though its just a application form ?? there is no signature from the lender anywhere ?? bummer.....straw clutching now but barclycard 2001....no loopholes there for me at all???

wayne99

if the debt in question is over 6 years old (5 in scotland) it is classed as statute barred, which in short means they cannot enforce the debt in court.

ignore them, do not answer any phone calls from them.

you can send them this:


our full address

The Address of the Creditor/DCA

By Recorded Delivery

Date

I/we* do not acknowledge any debt to you or any other company or organisation that you claim to be representing

Dear Sir/Madam

Acc/Ref No ******************

You have contacted us regarding the account with the above reference number, which you claim is owed by me/ourselves*. I/we* do not acknowledge any debt to you or any other company or organisation that you claim to be representing

I/We* would point out that under the Limitation Act 1980 Section 5 “an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.”

The last payment of this debt was made over six years ago and no further written acknowledgement or payment has been made since that time.

Unless you can provide evidence of payment by myself/us* or written acknowledgement of the debt from me/us* in the relevant period under Section 5 of the Limitation Act, I/we suggest that you are no longer able to take any court action against us to recover the alleged amount claimed, and should you try to proceed with court action I/we* must inform you that I/we* shall vigorously defend this action in court citing Section 5 as part of our defence.

The OFT Debt Collection Guidance states that “continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statue barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970”, which again should you try and proceed to court I/we* will also use this as a defence.

We await your written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed.

We look forward to your reply.

Yours faithfully



Mr A N Other


i think thats the right letter lol....

do not talk on the phone to them any more, just simply hang up on them or do not answer.

goggles99

thanks guys an update i sent of the cca request and they took two months to reply in turn they sent back a unreadable copy of my application form with a barcode over the signature box making it impossoble to read anything there and seperate terms and conditions with some of the prescribed terms missing, so i sent back a request for a legible copy request stating what they provided to me was unexceptable in turn they have ignored this request and gone straight to their solicitors rutherford and turnball,
can they just ignore this request ??
and how do i deal with their solicitors who say i have 14 days to pay or i am going to court?