How much can a debt collector add to a debt?

Joshellie

Thanks also to Friborg and Lindann.

FTW

Joshellie wrote: »

Thankyou DGJ Saver and FTW for your advice, I did request a CCA about 5 days ago, their latest letter is dated 29 July, so presumably they'd received mine before that was sent to me. I think I'll just hold tight until I hear from the court.
It makes me laugh as they keep saying that I am quite capable of paying this £1173 (and rising) I have only a state pension as does my partner and we live in privately rented accommodation, we do have a car but it's a motability one so that's not going to be taken.
As long as the court do contact me and I can send copies of the intimidating letters and photographs. I will now go onto the OFT website and make them aware of what has been going on.
Thankyou both once again.

Just to be exceptionally bloody minded, it's worth issuing a separate complaint for every OFT breach you can find.

There's a downloadable form on the OFT website, so best thing to do might be to save a copy of it.

Then, change the details depending on which complaint it is (all other details will be the same).

Why make a single OFT complaint regarding a letter when 10 separate complaints about the same letter will do?

It's HFO, and they thoroughly deserve all of the bloody minded treatment they get.

I mentioned Consumer Direct as well, and when you contact them, ensure that a complaint is forwarded to HFO's local trading standards as well as your own local office.

Other alternatives include the Financial Ombudsman Service - a complaint taken on by them costs the company concerned £500 a time - and the police, for the intimidatory correspondence from HFO.

It wouldn't be a first police complaint as far as HFO goes. I'd especially make big play about the photographs.

Also, bearing in mind your circumstances, even if you were taken to court, the court would have take financial circumstances into account. If HFO are content to take you to court and - at best - be awarded a £1 per month payment, then let them. More fool them for doing it.

thechippy

HFO services / capital are a dodgy lot.
I'd write to the original creditor and ask who they actually sold the debt to. Ie, who has absolute right of assignment, as it's only they who can litigate.....

FTW

I'd be willing to put good money on the fact that they sold to one, but it's the other one who's trying to litigate.

If that's the case, then you could be talking serious criminality on HFO's part - enough for the Inland Revenue to get involved.

Like I said, if this applies in the OP's case, it's very much worth reading through that CAG thread - though it's also long winded.

thechippy

Exactly FTW.

Probably owned by hfo capital, but being persued by hfo services, as capital can't, being outside the UK - a tax dodge.

In court I'd be asking hfo services to PROVE to the judge that they OWN the debt and have the right to litigate....;)

Fribourg

UPDATE 03/08/2010

No reply from HFO, have been 12+2 days today, so reminder will be sent now, so far no phone calls or letters, just wondering if things are going the way they should?

FTW

You did send your correspondence by recorded mail at least, so you do have proof that they signed for it to receive it?

Fribourg

FTW wrote: »

You did send your correspondence by recorded mail at least, so you do have proof that they signed for it to receive it?

Yes, they did received both letters now, got proof of both deliveries.

FTW

In that case, they'd have to be stupid to commence any kind of court action - which is a remote possibility anyway. Now you have proof that you've asked them to substantiate the debt, and they've (thus far) failed to do so. That goes in your favour.

elastic_rainbow

I have a very similar story to tell regarding HFO Services that you all might find interesting. I too have a debt with HFO, that was originally an outstanding amount on a Barclaycard. Originally I received a 'Sorry we missed you' postcard from First Direct Logistics which implied that I had a packet delivered to me.

This came while I was abroad and my mother, who was dealing with my post, sadly called them up to find out what it was about. They asked to confirm that I was still living at the address and various other personal details which she stupidly gave them! They then hung up and no mention of any parcel was made. Soon after I received a 'pack' in the post that explained I owed a debt to HFO Services and how I could quickly and easily resolve my problems, etc etc. Interestingly, on the back it detailed the various ways I could pay it off, credit/debit card, DD etc and also details of 'Elephant Loans' which asked the question - 'Would a fast, easy loan solve your debt problem?' Not ideally, no! The covering letter with this pack also advised me that 'We are writing to inform you that your contract with Barclaycard has been transferred to HFO. This means that you no longer have a contract with Barclaycard and the existing terms and conditions of your old contract with Barclaycard have been transferred to your new contract with HFO. Please note that because we are a recovery specialist rather than a lender, we do not write debts off.'

I did initially ignore the letters and I began to receive phone calls almost daily and letters once I began to not answer the phone. One of the letters I did receive, was supposedly from Barclaycard explaining that my account had been transferred to HFO and I was to contact and pay them directly. Unbelievably, it was clearly a fake as the logo at the top was blatantly scanned in and the structure, grammar and spelling of the letter was very very poor. Despite my name and address being at the top of the letter, it began 'Dear Mr Brougham' and thats not even my name!!!

Once I found the various posts on this forum, I eventually wrote to them on the 12th April 2008 requesting the credit agreement. As of the 29th April I had still not heard from them, so I sent the failure to supply letter on the 3rd June 2008. All sent recorded delivery of course.

I was pleased as I didn't hear anything from them, until that is I received a letter on the 1st March 2010 which included a photocopy of the credit agreement I originally signed in October 2004. Ironically this copy had an information sheet attached with various personal information and a question on it that said 'Is this request urgent?' and the answer next to it was NO!! Only 18 months later than requested AND not the original.

Anyway, since then I have received numerous calls which I have ignored and a few letters the final one being the same as a previous poster with the '72 hours' deadline.

I'm not really sure what steps I should be taking now, so any advice would be greatly appreciated. I guess my story is also a good warning to those that might have done the same as me. It would appear that they just go quiet for a bit and then come back as if nothing has happened.

Look forward to hearing what anyone has got to say.