HFO letter - advice needed!

Andyc24_uk

Hi all,

I've been working abroad for the past 3 years and heard virtually nothing from debt management companies during that time. I've had no contact with them for at least 5 years total since I stopped acknowledging them a couple of years before that. However, last week a letter from HFO Services turned up at my parents' house in the UK. I registered there as an overseas voter for the election, which I assume is where they've got the information from. Looking on here, it seems to be the standard letter -

'Preparing an in-depth information dossier blah blah blah... pass to their solicitors (presumably on the neighbouring desk as they're the same company:think:)...Apply for a CCJ and send the bailiffs round etc.'

I've had a browse through several HFO-related threads here and at the CAG site, and just wanted to check a couple of points with more experienced moneysavers :

1) I came across this on another site :

'Did you know you can challenge the debt they say you owe if the credit agreement was signed before April 6th 2007? Many such contracts are unenforceable which means that recovery of the balance of your debt cannot be enforced, even by a court.'
Source : www -DOT- hfo-services-ltd.dpcregistry.co.uk/ (sorry, it won't let me post a proper link )

This looks like one of those dodgy debt-recovery agency websites to me and i've no intention of paying them to sort it out for me; but is there any truth in that statement? The original agreement with Barclaycard was signed well before April 07.

2) Am I right in thinking that the correct thing for me to do now is to send them the 'Prove it' letter

Then if they send some proof back, look at whether the debt is over 6 years old and statute-barred (I'm not sure about this. It's getting on for that, but I dont know exactly. If it's a few months away from hitting that 6-year limit, maybe it's worth ignoring them for a few more months until then? Do they actually follow through with their CCJ threats or is it just all mouth like most of these companies?).

3) Is there a way to legally stop them from sending further letters to my parents' address? I don't live there, I have no 'assets' there for their bailiffs to seize, unless they want a couple of pairs of socks and a toothbrush...

Thanks!

Andy

Tixy

Hi

There is some truth that some debts are legally unenforceable because the original credit agreements did not include all the legally required terms. This is something you can look into yourself with help and guidance from people on here not pay any dodgy company to do for you. If they are unenforceable then the could still write to chase for the money and still report the debt and your non payment to the credit reference agencies.

But in your case if the debt is statute barred (or will be soon) then that is the route to focus on first. Are you certain that there is no CCJ for this debt (if there is then it won't become SB).

Yes the correct thing to do first is the prove it letter.
Then wait and see what they come back with.

I don't think you can stop them sending letters to your folks, if you are on the electoral register there and have no alternative address to give them. Baliffs cannot turn up unless there is a CCJ for the debt anyway (and your socks will be safe - they are not allowed to take clothes !!)

Andyc24_uk

Thanks for that! It's pretty much as I thought - so I'll send them the prove-it letter and see what they come back with.

One other quick question for anyone who might know - I just tried to access my Experian credit report, but since I've used them before (several years ago) they still have my information on file - It seems like I can't take the free trial, it makes me log in with my old details and then offers to 'reactivate' my account - but will charge me £7.99 to do so... Does anyone know how to get the report for free if you've registered and canceled with them before?

Tixy

No you can only do the free trial once.
You could do the equifax free trial (but bear in mind they don't necessarily both show all your accounts).
Or its a £2 statutory report

Andyc24_uk

OK thanks! I'll see what, if anything, HFO comes back with and then I might spend the £2...

Andyc24_uk

Ok, so I sent the pove-it letter to HFO, but then I decided to get the credit check anyhow after they became available online.

Experian shows that HFO did a credit search on me dated 23/6... but the debt which I allegedly owe them doesn't show up on the credit check at all!
The only things on the credit report are two bank accounts and a credit card which are current; an old monthly repayment deal with CIT Group (Dell) which is marked as 'Settled' back in 2006; and apparently an outstanding £122 for Hutchinson Telecom, which I'd dispute but have absolutely no paperwork/info for and since they're not chasing me over it and it'll drop off in about 18 months, I'm quite happy to ignore it for now!

Am I right to assume that since the debt HFO are claiming doesn't appear on the credit report, it is now statute barred? If so, is it worth sending them the 'statute barred' letter, or should I wait to see if they reply to the prove-it letter first?

(By the way - I also checked with CallCredit which only shows up my current bank/credit card accounts, nothing else. Is it worth checking Experian as well?)

Thanks!

Andy

DarkConvict

Experian is the main one, so you really should check it. CallCredit is the least used one.

Reporting to credit files is optional, so no information does not mean it is statute barred. It maybe an indication its so old it never appeared, but it may never have been reported to begin with. You really need to look for actual paperwork or payment in bank statements.

Andyc24_uk

Sorry - my mistake! I got the credit report from Experian, which doesn't mention it, and also the Callcredit one which has even fewer details. I meant to ask, is it worth checking Equifax as well? (so confusing having two companies with similar names!)

I guess I'll have to wait and see what HFO come back with then...

DarkConvict

Yes, Equifax should be checked as well. Lenders can report to none or all 3, and maybe just 1. You have no idea what they will actually do.

Personally the government or FSA should hold your credit files.

DVardysShadow

DarkConvict wrote: »

Personally the government or FSA should hold your credit files.

It might allow lenders to do CRB checks and the governement to threaten people with damage to their credit ratings. And we should all have ID cards perhaps?

Let's not go there. The present system is not perfect, but things could be worse.

Andyc24_uk

That's an interesting debate... I agree with those concerns, but then part of me would certainly prefer to see my data in the hands of an accountable Government body than under the ownership of private, profit-driven companies...