Credit Card Debt...

whispywillow

fomirster wrote: »

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.

Ok, thanks for that heads up - but who should I report it too??

fomirster

OFT through the consumer direct section of their website

whispywillow

Hiya guys, bit more to add..

Got my letter today: 'REMINDER NOTICE OF ASSIGNMENT' (reminder!?!?)

basically giving me the details, that the account was sold to barcleycard, HFO services are managing it, due for payment within 7 days and that the balance is inclusive of all interest and charges form original date of default.

HFO will devote all of its commercial and legal resources to the collection of this debt, account will undergo pre-litigation blah blah blah..



Got called again by the lady who called on Thursday:


2:03pm: Told her that I was officially asking her not to contact me from now on by telephone and I wished for all further correspondance to be by post. Put the phone down.

2:05pm: She called back asking me why I put the phone down on her and why I wanted to correspond via post. I didnt answer, i just put the phone down on the table and went and finished my coffee! After a minute I put the phone down.

2:07pm: She called back asking for someone called Anne Karin - I ignored, didnt speak, and did as above...


I've only just calmed down, ive been shaking soooo much, my nerves are gone and this hasn't even started yet! I've been reading so many stories about them and I'm dreading this now.

My next step is the CCA request, but i dont have access to a printer so its gonna take a while - need to register myself into a library to be able to access the computers and get something printed up which I wont be able to do till Monday

*sigh*

holidayaholic

It must be difficult & scary at this point for you - take heart that there is a lot of support on here. Keep posting details (works as an online log anyhow) until you can get the letter sorted on Monday.

Remember, they are just opportunists who prey upon the weak, but with the support of people on this board, you are more than a match for them!

Good luck

whispywillow

Just that message itself meant a lot, I'm glad I discovered this site, if it was a few years ago I know for a fact I wouldnt have coped half as well as I am doing with some of the advise and support from you guys, top notch the lot of you

Just a quick question though, i've been looking at some of the template letters, im just going to hand write the CCA request letter, its only short (and obviously not sign it!) but is it worth me sending a SAR request at the same time? Kill two birds with one stone as it were??

Thanks. xx

holidayaholic

I'll let the more experienced posters answer your SAR query, but just wanted to say that yes, handwriting the letter (as long as you've got legible writing, lol!) may be a good idea - purely because it would release a weight from your shoulders knowing that you are making progress in resolving, rather than thinking about it all weekend plus the stress of getting to the library, finding a pc, etc etc.

Take care

Jesthar

Well done! That is exactly how to treat them. :T Don't forget to send the 'stop harassing me by phone' template letter.

Are you absolutely certain the account is yours? If not, don't do a CCA request or SAR yet - just send the 'prove it' letter. If fact, send them the 'Prove it' letter first anyway - no point in giving them even £1 unless you're 100% sure it was your card! From the very short imescale demands in their letters this is either not your debt, is already Statute Barred, or otherwise unenforceable, so they are laying on the scare tactics as heavily as they can yo get you to pay up before you realise they are conning you.

Handwriting is OK, indeed, but it might be better to type it to be on the safe side - you could always write a draft letter and type it on Monday. Remember, the letters will need to be sent recorded delivery or they will just deny ever receiving them.

Oh, and remember NOT to sign the letters - that is MOST important!

As to HFO devoting "all of its commercial and legal resources to the collection of this debt" - in other words, they'll pass it to the the monkey at the next desk along, who will send you a similar raft of hot air threats on 'we are solicitors, honest, so be scared! Please be scared?' letterheaded paper rather than HFO letterhead. Seriously, that is all it means, it's just more scare tactics.

If they do call again, they are being seriously naughty! Just say to them "I have already instructed you to only contact me in writing. I am fully aware of my rights, and I will now be reporting you to all the appropriate authorites with full details of your illegal harrassment. Goodbye." Make a note of the time of each call so you can include those details in your complaint to the OFT.

Whatever happens, remember - YOU are not the one in the wrong, THEY are! So although it is a horrible thing to cope with, try not to get too worried and stressed about it. They are already digging themselves into a nice deep hole here, and all you have to do is wait for them to finish digging, then pour in the metaphorical concrete and bury them for good

*hugs*

~Jes

whispywillow

Hello guys

Bit more news for you on this one.

Sent out the 'prove it' letter and also the 'stop telephoning me' letter today by recorded signed for. Wish I could have done it earlier but alas. But its done now! In the meantime they have phoned me 3 more times today, 11:30am, 11:58am and 12pm. It was the same woman, I reiterated to her that I wanted to be contacted by post only, and then put the phone down, and did the same all the other times.

Have recieved a letter in the post also, here is the exact wording:

Dear (name)

Your account with: Barclaycard
Amount Owing £789.46

I have attempted to contact you several times recently, with the offer HFO has for you in connection with your account. The current out standing balance is £789.46. We can minimize the additional costs and interest charges and costs that you are currently incurring through non-payment, provided that you call me on (telephone number). I can assure you that we want to help!

We are currently in the process of reviewing your account and preparing an indepth information dossier on your current financial situation. If you fail to get in touch, this dossier shall be forwarded to our solicitors with instructions to sue in order to recover the debt. Once the solicitors are involved I will no longer be in a position to help you.

You have made payments in the past and it is unlikely that you will be able to raise a credible defence to legal action.

A County Court Judgement will affect your credit rating and make it more difficult for you to borrow money in the future. Once we obtain judgement, we will seek to enforce judgement by applying to the court for a warrant of execution. County Court Bailiffs will visit (my address in bold letters) and sieze your assets which will then be sold at auction to pay the judgement debt.

Alternatively, HFO may also instruct its solicitors to apply for an order to obtain information against you, which means that the court shall ask youto produce a record of your financial activity for a period as far back as 3 years, and to make a full declaration on oath of all your declared and undeclared income and assets. If it is found that your financial situation is better than what you represented, the court might consider taking stern action against you.

You can avoid escalation of this matter by calling me on (telephone number) within 7 days.

Yours sincerely

(name)

---

Included in this letter is a 5 double paged page doctument which includes an Annex of solicitors costs, and civil and family court fee's.

Jesthar

You might want to remove your name from your post, m'dear!

Keep logging the calls, as calling you after requesting to be communicated with in writing only is very naughty!

Now that you have sent the 'prove it' letter, you have to sit back and wait for them to reply on that topic. Ignore anything in the meantime, it's all bluster and thunder to try and scare you into calling them and making a payment.

Incidentally, their chance of getting a County Court Judgement without any paperwork proving that you are the debtor is precisely nil providing you enter a defence. Also, note how they are claiming that you have made payments in the past - but have not provided any supporting evidence that the deby is yours? The fact that they are getting so heavy handed with the scare tactics so early on is often an indication they are already getting desparate

Oh, and the only thing they 'want to help' is their profit margins and bonus payment - certainly not you! :rotfl:

I'm sure others will be along with more thoughts, but until they can provide cast iron proof the debt is both yours and enforceable, they're still stuffed

~Jes

Mowgli87

Dont do anything/contact them until they have sent you proof of the debt!!