hfo services and barclaycard credit card can anyone give some guidence?

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hi out of the blue i recieved a letter from hfo services for a debt with barclaycard dating back to 2003-2007 i've never had a barclaycard so was rather shocked by this letter. I contacted hfo services who have been no help whatsoever and told them i knew nothing of this account which was met with demands for money etc and no offer of trying to help resolve this. I then asked for a signed credit agreement and have been sent an application form which shows i did infact apply for the card but i moved suddenly afterwards back to my parents maybe 2 weeks after i applied so it appears i was accepted for the card and whoever moved in after me used it, hfo are now saying i have to go to the police for a crime reference number to prove this is fraud i have no information on the account just the account number and the application form so i doubt the police will entertain me either, i have asked for statements, payments etc but none have been provided. I contacted barclaycard but as the debt has been passed on they cant offer any assistance either they have told me to write to hfo services and get them to forward the letter to barclaycard so they can investiage but hfo are saying they won't do this and i have to prove its fraud or they will continue to chase me for the money, basically i don't know what course of action to take now and how i can prove its fraud can anyone give me a detailed breakdown of what to do now? (completle novice at this whole thing) any help whatsoever will be great thanks
Lynne:(
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Comments

  • Tixy
    Tixy Posts: 31,455 Forumite
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    Have they provided you with any info as to when the card was used?
    what date did you apply for it? whether any payments were made against it ever? and when it stopped being used (or barclaycard stopped use of it).?
    A smile enriches those who receive without making poorer those who give
    or "It costs nowt to be nice"
  • lynne1985
    lynne1985 Posts: 101 Forumite
    edited 7 October 2010 at 2:37PM
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    Tixy wrote: »
    Have they provided you with any info as to when the card was used?
    what date did you apply for it? whether any payments were made against it ever? and when it stopped being used (or barclaycard stopped use of it).?


    They have not provided any information as to when the card was used. The date that the card was applied for was the 10/10/2003 the account wasn't opened until the 13/11/2003 i moved out of the property at the end of October, the card was defaulted in june 2007 I don't know if any payments were ever made either i don't really know much to be honest :(
  • Tixy
    Tixy Posts: 31,455 Forumite
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    I was wondering if the debt might be statute barred. Whilst this wouldn't tackle the main issue ie the fraud if it was SB then it would at least stop them chasing you and harrasing you for money, which might have been an easier way to deal with it.

    To be statute barred there needs to have been a period of 6years where no money has been paid towards the debt and you did not acknowledged in writing that you owed the money (and no CCJ granted in that time)

    If the person used the card from October to say January 04 and never paid anything towards it then I would guess it would be likely that barclaycard might stop cancel the card. So if the card hadn't been used since that sort of time and nothing paid it might be statute barred. You could then write to say it was SB and you didn't intend to pay and they would have to stop hassling you. Though as the default was put on so late you would be stuck with that for the next 3years.
    As the default was in 07 it was either put on much too late (as they should be put on within 6months of the debtor ceasing payments) or the person did pay towards it for a bit. Or I suppose maybe they didn't start using the card (or maybe a replacement card) until much later on in time.

    But it sounds like you don't know enough to know whether it could be statute barred.

    I agree that the police probably won't be much help, but at least they should give you a crime number which should allow you to progress things a bit further with hfo/barclaycard.

    If you are writing to hfo/barclaycard I would start every letter with the phrase 'I do not acknowledge any debt to your company' then if all else fails and you do try to rely on the statute barred rules then you won't have legally acknowledged the debt.
    A smile enriches those who receive without making poorer those who give
    or "It costs nowt to be nice"
  • PNPSUKNET
    PNPSUKNET Posts: 4,265 Forumite
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    I think you need further details, but as the fraud is against you they are correct in saying you have togo to the police.
  • lynne1985
    lynne1985 Posts: 101 Forumite
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    thanks very much for any help is there any way i could get all the information barclaycard have about the account? when i phoned barclaycard they said they can only see statments etc for the last 6 months anything longer than that goes into an archive and they wouldn't access the archive for me as they are no longer dealing with the debt. i was thinking the same as the default is so late on then maybe the person paid it for a while or someone new moved in at a later date and used a card issued later on, i guess barclaycard would have automatically sent out a new card when the first one expired even if the first card hadn't been used but do you not have to activate the first card? been a while since i had a credit card so i cant remember how it works
  • Tixy
    Tixy Posts: 31,455 Forumite
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    Usually to get all the info they hold on an account you would do a subject access request (and pay a £10 fee). But by doing this in writing it may well be counted as acknowledging the debt (i'm not certain). Still it might be the only way.

    With regards to statute barred and acknowledging the debt if there has already been a 6year period then it would remain SB even if you later acknowledge the debt, the issue would only be relevant if there hasn't quite been 6years so far, eg if its 5yrs 10months and you acknowledge the debt then you would start the SB clock ticking again and it would be another 6years before it would be SB.
    A smile enriches those who receive without making poorer those who give
    or "It costs nowt to be nice"
  • lynne1985
    lynne1985 Posts: 101 Forumite
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    is there any other way to get information off them without aknowledging the debt? should i write to them again requesting the signed credit agreement? as im in scotland i think its only 5 years for the statue barred to come into place everytime ive spoke to them on the phone i have told them it isn't my debt does that mean in under 2 years it will be statue barred? or has it went back to the 5 years because i have spoken to them? thanks again
  • Tixy
    Tixy Posts: 31,455 Forumite
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    Speaking to them never legally counts as acknowledging the debt. Yes as you say in Scotland its only 5years.
    Could easily already be statute barred, its certainly highly unlikely anyone paid any money towards this debt since the default so I guess that would be the latest possible relevant date.

    You could possibly try calling national debtline for advice (scotland section) to see whether doing a subject access request would legally count as acknowledgement.
    A smile enriches those who receive without making poorer those who give
    or "It costs nowt to be nice"
  • PNPSUKNET
    PNPSUKNET Posts: 4,265 Forumite
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    I think you need togo down the dispute route, but been honest going to the police will also help your case. They may think by not that you are trying a fast one
  • lynne1985
    lynne1985 Posts: 101 Forumite
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    thanks again for the response i thought the police wouldn't have been able to help as i have little information on the account but i will go and see them now with the information i have and see what they say hopefully it is resolved eventually i will update when i can
    thanks again
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