HFO services chasing Barclaycard debt help please

lifeonloop

Hi, first post so Im not sure this is the correct forum for debt problems but here goes anyway,any help would be greatly appreciated before I take things further.

Ive read stories on this site about HFO Services being a bunch of cowboys and charlatans so I`m wary of contacting them.

I took out a Barclaycard in 2002 but when my relationship broke down in 2004 I struggled to pay the card off, paying only the interest untill about early 2006 when i ceased making payments (stupid I know) .At the time I owed around £1400 in total to Barclaycard when I defaulted and ignored initial letters from them. After a year or so I heard nothing more and subsequently moved house.

Since then I have heard nothing until today (4 and a half years since I last paid anything or contacted Barclaycard) I recieved a letter from HFO regarding the amount of just over £2500 which I owe.They state in the letter they have tried to contact me several times recently (untrue) and can minimise additional costs and interest charges I`m currently incurring provided I phone them and assure me they want to help.

They state they are currently in the process of reviewing the account and if I fail to get in touch within 7 days ( the letter was 6 days old when I revieved it) this dossier will be passed on to their solicitors and once that happens they will be unable to help me. They state as I have made payments in the past (not to them I havent) it is unlikely that I will be able to make a credible defence to legal action.

The letter goes on to say they will seek a CCJ against me and once that happens they apply for a Warrent of execution for court bailiffs to seize my posessions or alternatively apply through solicitors for an order to obtain information against me.

Attached to the letter is a SUBJECT EVALUATION SHEET

This sheet has my age incorrect by 9 years, information about the estimated property value ( house is owned by my new partner ) and states that my employment details are "confirmed but in print"'

It states that interest is active at 12.00%

There is also a copy of an e-consumerview credit check?


I wish to make steps to clear this debt finally but having read a lot of negative and seemingly underhand tactics employed by HFO I`m unsure of my next step. Should I contact HFO and make an agreement to pay as I could probably afford to pay £60 a month or will this be a waste of time and involve me barely clearing the interest at 12.00%pa once again? I`m also concerned that the debt has had at least £1000 added to it, so would HFO likely agree to a settlement figure?

Thanks for any help in advance

fatbelly

lifeonloop wrote: »

They state as I have made payments in the past (not to them I havent) it is unlikely that I will be able to make a credible defence to legal action.

That's their opinion.

I bet they can't produce a valid cca agreement. Maybe that should be your response.

And it sounds like they've added random interest and charges so even with a valid cca, the amount of claim would be challengeable.

However you engage with them, always state 'I do not acknowledge any liability to your company'

That gives them 18 months to decide whether to chance a court claim.

I don't think you should be offering them anything till they show they can prove their case. All the stuff they sent you in that package is irrelevant.

forgotmyname

Sounds like a template letter, I had a very similar one. They have checked my credit file and because i kept up payments before
they can see no reason why i cannot do so now.
They then make threats to take me to court and file for an attachment of earnings. Like to see them do that seeing as i have
been out of work for some time.

Also said they had purchased the debt and are allowed to charge the same 12% interest rate.

My credit report should make interestng reading as i have several debts i can not afford to pay back.
Quite how they came to the conclusion i can afford to pay them is beyond me.

I never want credit again i have learned a big lesson the hard way.

If i cannot afford it then i go without.

You may not get a proper reply to thi until tomorrow now,
Good luck.

lifeonloop

Thanks for the replies,

I can afford to make payments but my issue is whether they have a legal right to charge this interest and where this figure or £2500 has came from, will this be in the CCA agreement?

I`m guessing my best bet will be to reply asking them to provide a valid CCA agreement between themselves and Barclaycard together with a breakdown of charges and evidence of their right to charge 12.00% interest and until they do so state that I do not acknowledge any liability to them as you say.

Heyman_2

There are template letters on this forum for this exact purpose - if you are writing to them, do a search and use one of these letter templates, as it will include everything that you need to say and omit the things that you don't need to say!

Consumerist

The CCA will be between you and Barclaycard. HFOS should hold a copy as their evidence that you agreed to Barclaycard's terms. You should ask HFOS for a copy of their copy.

You will need to see a copy of the Notice of Assignment issued by Barclaycard in favour of HFOS. This is their evidence that they have the right to pursue you for the debt. If the NoA is in favour of any other company, then HFOS has no rights to pursue you unless they can show it has been re-assigned from that company to them. It is possible that this debt has been passed from pillar to post since it was owned by Barclaycard so HFOS must establish a documented chain of assignments to them.

I agree that you should deny liability in the first instance and always refer to the debt as an alleged debt until they have established their right to pursue you. The danger here is that after settling the debt with HFOS, another company pursues you for the same debt at a later date because you settled with the wrong company.

HFOS is clearly attempting to frighten you into action before you have had time to consider the matter. My advice is to take your time, within reason, to establish their rights before admitting any liability.

If they can establish their rights to settlement of the debt then you should also require them to provide a full account of the amount they are seeking. For example, how has £1,400 escalated to £2,500?

Fribourg

lifeonloop wrote: »

It states that interest is active at 12.00%

Well, I've been dealing with this bunch since July, and it's the first time I've seen the 12% interest.

Anyway, to start with, do a formal CCA request, they will reply that it will take time etc etc. after the 12+2 days, you will send then the reminder, that will give them 30 days to reply with a CCA, probably they will send you the aplication form, like they sent to me.And guess what? it's unenforceable.

The first thing for you to do is sending the CCA request and wait, once its in motion, they can do nothing to you, so wait, and let us know what you get afterwards. DO NOT PHONE THEM, keep it all in writing, and recorded post.

Consumerist

Nice one, Fribourg. Just the kind of advice the OP needs in the circumstances.

I don't know much about this lot but they sound like a nightmare. It's good to get some input from people with experience of them.

fatbelly

Good advice here. I am currently helping someone with two court claims by HFO. In each case the particulars of claim were so vague that it was impossible to identify why they were claiming money from my client. The courts seem to have agreed and the whole thing has gone quiet for many months now.

The important thing is to stand up against them, question and challenge everything they allege.

lifeonloop

Thanks everyone for your input, I shall be writing to HFO today asking for their copy of the CCA and notice of assignment. I will post any updates on the forum for anyone else who is having dealings with them

fomirster

As people have already suggested send your CCA request and Sar to Barclaycard, remember to enclose the postal orders and send recorded. HFO specialise in buying risky debts, often that are statute barred or coming close or where the agreement is likely to be unenforcable.

HFO have 12+2 days to reply with all the information, after that send them an account in dispute letter, they then can't take you to court to obtain a judgement.

As you took this card out in 2002, you will receive back (eventually) from HFO a Barclaycard application form, probably one that has been stored on microfiche and a seprate sheet of T&C's. This application is unlikely to be good enough to be enforcable in court, although you never know. We need to look into more detail with all the other paperwork ie, the notice of assignment, the default notices etc.

If HFO continue to phone you after you have told them to only contact you in writting , then send them a harrassment letter (you need any help with any of the letters just ask), and make a complaint to the OFT.

You should make a complaint to the OFT throught their consumer direct website regarding their letter about your property etc. They are not allowed to do this, it is against the law. Also complain about the consumerview credit file (we are looking at the legality of them being able to print and send this at the moment) but this is also being used to intimidate you.

Don't worry about the fees they are adding, these are unlawful at 12%. If they have taken over a Barclaycard account then they are bound by the terms of that account and cannot make their own charges up. They cannot add charges before they sent you first contact and they are not allowed to while it is in dispute.

Do not admit the debt, do not offer to pay anything. It is up to them to prove there is a debt and that it's enforcable and that they own it, until they have you owe them nothing and they can't do anything about it.

HFO are known for their dirty tactics, im an expert on them.

Unless they have proof that they have contacted you it doesn't matter if they claim they have tried, no recorded phone calls, no signed for letters= no proof. It doesn't matter what they say to you, they don't get to make up the law themselves, they can't add random charges or interest. This is all to frighten you into paying.

Don't worry if you get 72 hours until litigation letters come through, these are computer generated, i have had dozens over the last five years. Im in a similar situation to you, and they won't take me to court as they know I will win.

You may get a letter from Turnbull Rutherford solicitors, don't worry they are only about 3 desks away in the same office, they are owned by the same people.

Once you receive something back, let me know and i'll be happy to help, but I would be surprised if you agreement will be enforcable.