Credit Card Debt...

whispywillow

(This thread was originally in the Credit Cards part but i was advised to move it here, so sorry for the duplicate!)








Hi there MSE's, hope you can help me with (yet another) situation that has arisen today, just cant seem to get shut!!

Ok so, got a phone call today completely out of the blue from HFO Services regarding a barcleycard that I took out years ago and have had absolutely no corresponance from for years, here are the exact details that I took from the lady I spoke to:

Start Date: 8th November 2004
Default Date: 23rd December 2005
Balance before interest: £495.58
Balance after interest: £788.82
Interest: 12% P.A
Last payment: 11th October 2006 (£10)

I asked the lady what the minimum payment amount they would accept if I decided to pay this money back to which she gave the amounts of:

Over a 1 year term: £75 a month
Over a 6 month term: £131 a month

She said they would NOT accept (and she really did pronounce the NOT) any less than the amounts stated and they are fully prepared to take this case to the court. When she called up she described herself as litigation, which I dont know if thats possible as this is the first corresponance I have heard from them for years, and I havent moved address!! I asked her why this debt wasn't on my credit report, and she said that it was - but I have my credit report (from the Lloyds TSB ID aware service) and its definately not on there - but basically she said its within her power to make sure that this debt gets put on the credit report. This was all after trying to imply that the document I have wasn't my credit report (which I'm now rather worried about whether it is or it isn't!!!!)

I have just looked up HFO Services and feel a bit anxious because they seem to be a really bad company - I just dont feel like I could handle it if they started harrassing.
I did explain my situation, I told her that I had a mental health condition, that I was a single parent on benefits and at the moment im struggling to make ends meet, and basically she said that she has the power to make this case and so I need to make a decision and call her by 12 tomorrow.

Can anyone advise me of my rights in this situation. Im fully prepared to make small payments of this debt if thats what it takes, but £75 a month is just WAY beyond what I could ever ever afford, and I dont want this to go to court, I have spent a long time trying to build up my credit and a CCJ will not be good for me


Kindest regards

katsu

Does last paying in Oct 06 sound right to you? Can you check - say your bank? It might be statute barred. Someone who knows about such things will offer advice but it would be good if you could check/comment/think when you last believe you paid it.

whispywillow

i'll be very honest with you all and say that I smoked a hell of a lot of pot way back when all this was going on, I can't even remember when I signed the contract, or even where! Student days man, I was either drunk, high, working, or studying and then in between living on cheques and spending money on things that I shouldnt have been - paying for it now like! (completely drug free by the way!!!! Dont descriminate please :A)
Its an awkward situation, i think im gonna send one of the templates on here asking for them to send me every single bit of information they ahve on the account, but I kinda still need to know what I can do about it, if it counts as statute barred - even if they said it didnt...:huh:

whispywillow

what do you mean, send what to you? for you to do what?! Im not understanding, sorry! ....man. hahaha

Jesthar

They're trying it on big time - common practice with this kind of company. :mad:

For example - the woman says in one breath that the debt is definitely on your credit record, then in the next is trying to threaten you by saying she has 'the power' to get it PUT ON your credit report? Which is is, lady - on there or not? :rotfl:

First things first, DON'T speak to them on the phone again. As they have already discovered, they are nasty, bullying liars on the phone, and will say ANYTHING to get you to hand over cash. NEVER call them, and if they call you just say "I only wish to be contacted by you in writing, so do not call me again, goodbye" and hang up on them. You are allowed by law to request that they communicate with you by letter only, and they are required by law to respect such a request. If they call again (and they probably will) just tell them "I have already requested you only contact me in writing, goodbye" and hang up. There is also a 'cease and desist' template letter you can send to them to back that up, and you can report them for harassment too.

Secondly, NEVER give them any bank details, or agree to a direct debit, or give them a sample signature by signing a letter or cheque to them. They are lokely to take more money than you agreed with a Direct Debit (and you can't easily stop them), and some companies have been known to forge documents when given a sample signature to play with.

Thirdly, you must not admit to the debt in writing (verbally doesn't count!), or make a payment to it, until it has both been proved that the debt is yours AND that it is still legally enforceable. Doing that has certain knock on effects, and there's no point in being scammed, eh?

Any letters they do send are likely to be full of threats and dire warnings, but this is just a smokescreen to scare you into paying. If and when they arrive, just post them up here, and the regulars will soon tell you how to respond to them.

Incidentally, you mentioned a mental health aspect? That makes them on doubly dangerous ground, as the law makes extra provisions preventing the harassing of anyone with mental health concerns.

Now, the debt they called about - are you sure it is yours? Companies like this will merrily try and get people to pay debts which aren't theirs if they think they can get away with it. If you aren't 100% sure it is yours, your first action after getting any letter from them is to request that they prove the debt is yours - there is another template letter which can be used for that, so you don't have to worry about writing one yourself.

Finally, don't worry too much about the threats of legal action and other dire consequences mentioned in any letters you get - you are a LONG way from CCJ territory, and if you read their letters carefully they always use phrases like 'may result in legal action' and 'could be taken to court', rather than "will" - they know it's not likely to happen, they just want to frighten you into handing over the cash. Chances are they don't have any of the paperwork they need to stand a chance in court anyway

Anyway, hope that helps, and sleep well Keep letting us know what's going on, and we can help you kick them back into the gutter where they belong.

~Jes

shopaholic2

Jesthar says alot of good things, all right....
Seriously, you need to step back, take a breath and then work through the various stages of what to do next.
There are template letters on here for this..
Firstly you need to send them the prove it letter, basically asking for a copy of the original, signed credit agreement from them, (very possible they wont have it, so then thats the end of it)
You also need to send them a letter asing them to contact you IN WRITING ONLY, from now on.
Hopefully someone will come along with a link to all the template letters.
DO NOT sign any of the letters you send them, just print your name.
IF they do have a copy of the ORIGINAL credit agreement, then you can check to see if its staute barred...basically if the last time you acnowledged this debt, either by payment on it or in writing, was over 7 years ago, then it is, indeed, statute barred, altho they wont admit this to you, you have to let them know, thay you know iyswim?

Anyway, hope that helps, stay calm, and remember, they cant have what you aint got, and if after all this it IS your debt and you DO have to pay,you pay as little as £1 per month if need be.
Be kind to yourself
x

steveos

Yes agree...go with Jesthar's good advice. Dont waste your time or stress levels on the phone...and say you are recording all convos if they atch you unaware. Do all via writing and with advice given.

People like this lady and the DCAs..well one day maybe what goes around comes around.....I hope:beer:

whispywillow

Thank you so much for your advice, I have a quick question however, should I call them to tell them that I want to do all of this in writing. They did say that they have sent a letter to me detailing everything that she had said to me on the phone regarding the debt (she said that it was already in the post) should I wait for this to arrive and then just send a letter to the address on there instead? What if it doesn't arrive, like they have never sent me anything? I dont want to seem like I am just sweeping this under the carpet - I have worked hard for the last 4 years to try and get my credit score up and have ok credit at the moment, the last thing I want to do is damage it.

And as for being sure that the credit is mine, to be honest I dont know! I have had a barcleycard before, but as far as I'm aware i took it out before the date that they have stated, i know this because i know where I was working at the time of taking it out and i stopped working there in 2004 to go to university, but by that time I had already stopped using this card, i know because I was absolutely skint at the time of going to uni and never had any cards at all besides my HSBC account. So yer i'm a little confused :huh:

As for the templates, I have found the page and bookmarked it, so I will draft a template letter now, and when/if i get a letter from them, i will send it to the address!

thanks for your help guys, will keep you all informed xx

shopaholic2

I'd be very interested to see if this debt IS yours and if it IS statute barred!!
Sounds to me like the woman on the phone was desperately trying to get you to pay something that she KNEW wasn't yours...
But I could be wrong.
Do let us know how this goes.
And I wouldnt phone them if i were you, waste of time as they will just take this as confirmation that you WILL speak to them on the phone.
Wait and see if/what comes in the post
Good luck!

Jesthar

No, don't waste your phone bill on these people. Let them have the expense of contacting you, and then just tell them you are aware of your rights and will only deal with them in writing, and hang up. You might want to add that any further calls will be deemed as harassment and reported to the appropriate authorities, too. It may not stop them immediately, but log all the calls and times if they still call (just keep repeating that you will deal with them in writing only, and hang up), and send them the "Stop calling me" template letter.

Incidentally, any letter you send to them should be sent by recorded delivery, so they have to sign for them and can't claim to have never received them.

As for them and letters, claiming to have sent a letter is another common ploy, so don't worry at all if one never arrives. They don't actually like putting things in writing, as they can't then back out and change their story when challenged, like they can on the phone.

If you do get a letter and the facts still don't add up (from what you have said so far I'd be stunned if they did!), then all you need to do is send them the template 'Prove It' letter and wait to see if they can back up their claims with actual solid evidence. No point in giving them any money for a debt which might not even be yours!

And don't worry, they can't maliciously damage your credit rating for a debt that is either not yours or not enforcable, and if they tried you could give them a very nice legal kicking.

Anyway, keep us up to date on how things are going, and if you need help, just ask - putting bullies in their place is a very satisfying thing

~Jes

fomirster

Hi, HFO specialise in purchasing distressed debts which are often unenforcable, particulary old Barclaycard debts. It is very likely that from 2004 you never had an enforcable agreement, it is likely that any results from a CCA request will provide you with an application form.

Secondly, if you send HFO a CCA request for a copy of your agreement, their tactic at the moment is to send you a questionaire. Don't fill this in, just report it.