HFO Help please

sexki11en

Hi Guys,

HFO again i'm afraid. So A month or so ago, I received a call at work from them about an old Barclaycard debt. I asked them at that point to do all communication in writing as I was at work (no idea how they got that number) They then called my mobile number, my husbands mobile number and my mum & dads home number!!! (I haven't lived there for over 15 years)

I wrote (recorded delivery) with the letter telling them to contact me by post only and also with the prove it letter. 2 months later they respond to the prove it letter and less than 3 days after I received it, they're calling again. Most notably my parents who are scared witless.

My questions are twofold: firstly and most importantly, how do I get them to stop calling my poor parents? They know I don't live there and they have my number. They have acknowledged in writing that I have asked for contact by post only and yet are not adhering to this. They have lied to my parents several times saying they are a friend from school and even threatened to send bailiffs to their house this morning.

Secondly - I have the info they've sent me when I sent the prove it letter. They're saying it's a credit agreement - it's an application form, nothing more. There are also t's & c's from a credit agreement but nothing with my signature on it. They have also sent copies of my credit report.

The last payment I made on this account was in November 2004 and that was direct to Barclaycard.

I'm not adversed to paying what I owe, but HFO have more than doubled what was owed to over £3,000 which is a joke and I refuse to pay that to such bullies.

Can anyone help with what my next steps should be please?

SK x

king100

Sorry you said last payment in 2004.

Have at any time you paid since then or sent a letter acknowledging the debt? VIP as account might be SB.

Your next step is to report to OFCOM, trading standards.

Letter for phone calls to stop again

Your Street
Town
City
Postcode
DATE HERE
Company Name
Road
Town
City / County
Postcode


Dear Sirs
Harassment by telephone

FORMAL COMPLAINT UNDER THE CONSUMER CREDIT ACT 2006 COMPLAINTS PROCEDURE

Account Number: XXXXXXX

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

I have verbally requested that these stop, but I am still receiving calls.(Delete if necessary)

I now require all further correspondence from your company to be made in writing only.

I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

Please treat this also as a formal complaint, and send me a copy of your company complaints procedure.

Be advised that any furthertelephone calls from your company will be recorded. (**Even if you don‘t yet have recording equipment!!**)

Yours faithfully,


[NAME HERE] (type don't sign )

sexki11en

Hi King100. Thank you for the template. This is the letter i've already sent (and they've acknowledged in writing), but will send it again if you think it will help?

And no, I absolutely have not acknowledged nor made any payment towards the debt since November 2004. I've only heard from them in the last few months.

SK x

king100

sexki11en wrote: »

Hi King100. Thank you for the template. This is the letter i've already sent (and they've acknowledged in writing), but will send it again if you think it will help?

And no, I absolutely have not acknowledged nor made any payment towards the debt since November 2004. I've only heard from them in the last few months.

SK x

If you are 100% sure about this send them a SB letter.

Your street and house number

Your town

Your postcode

Date

Address details of company

‘Without Prejudice’

Dear Sir/Madam
Account No:
Your company has contacted me/us in respect of the above account which you claim is owed by myself/ourselves.
It is my understanding that under the Limitation Act 1980 Section 5
"an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued".
I/we would also point out that the OFT say under their Debt Collection Guidance on statute barred debt that
"it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period".
The last correspondence/payment/acknowledgement or payment of this debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from me/us in the relevant period under Section 5 of the Limitation Act, I/we suggest that you are no longer able to take any court action against me/us to recover the alleged amount claimed.
The OFT Debt Collection Guidance states further that
"continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970".
I/we await your written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed.
I/we look forward to your reply.
Yours faithfully

sexki11en

That's it? They'll just leave me alone after that? Really? If that's the case though, and it's SB, how come it's showing on my credit report?

I'm 100% certain no payment was made since November 2004 - I have the copy statement here from them that says in Jan 2005, the account was 2 months in arrears. I moved shortly after that and have heard nothing from either Barclaycard or HFO until December last year.

SK x

king100

sexki11en wrote: »

That's it? They'll just leave me alone after that? Really? If that's the case though, and it's SB, how come it's showing on my credit report?

I'm 100% certain no payment was made since November 2004 - I have the copy statement here from them that says in Jan 2005, the account was 2 months in arrears. I moved shortly after that and have heard nothing from either Barclaycard or HFO until December last year.

SK x

Its basically when last payment was made on account. Even thought default might be some months later its last payment date.

Or acknowledgement of debt in writing.

sexki11en

Ahhh, ok, that makes sense. The default date is showing on the credit file as July 2005. Does this mean that in July this year it should be removed from my file?

SK x

thechippy

Yes.....:D

PNPSUKNET

are you 100% that last contact was nov 2004.....

Culex

sexki11en wrote: »

Hi King100. Thank you for the template. This is the letter i've already sent (and they've acknowledged in writing), but will send it again if you think it will help?

I'd not bother, as you have already tried to warn them off and they plainly have not heeded your words.

how do I get them to stop calling my poor parents? They know I don't live there and they have my number. They have acknowledged in writing that I have asked for contact by post only and yet are not adhering to this. They have lied to my parents several times saying they are a friend from school and even threatened to send bailiffs to their house this morning.

This is plainly harassment and, as such, can be a criminal offence. I would suggest that they should be reported to the plods, though you may need to escalate the matter to an officer of sufficient rank not to use the "It's a civil matter, miss!" excuse for continuing to sit on his lardy backside and guzzle doughnuts.

barbiedoll

Firstly:
Send the telephone letter but add a line at the top saying "2nd Notice" or something similar and also, see post # 4 on this thread...

https://forums.moneysavingexpert.com/discussion/963087

which has a request for them to delete telephone numbers that aren't correct or appropriate for use. Keep a copy of all letters that you send.

Secondly: Tell your parents not to worry. As I'm sure you know, they cannot send bailiffs round without a court order. Which they won't get without a CCA or for a SB debt (which it will be by the time they get around to thinking about court proceedings )
If HFO call your parents, tell them to just say "The person you want to speak to cannot be contacted on this number, they do not live here. For your information, this call is being recorded. If you call again, you will be reported to the police for harassment." and then put the phone down.
Write it out for them and keep it by the phone. And tell them that if anyone knocks on the door, they should tell them to go away and that they will call the police to report them for trespassing.

To hold them off for a few months until SB day, send them a CCA request letter, which can be found in post #5 in the above thread. Send it with a cheque/postal order for £1.00, they will have to send you a copy of your original contract, which I very much doubt that they have. If they write back stating that they don't have to comply with the request, send them a letter requesting a complete breakdown of all payments, interest and charges. If they do supply that, write and tell them that you didn't receive it. (It's a common enough tactic for them so I don't see why you shouldn't use it too.)

By the time that all these letters have gone back and forth, it will be July, your debt will be officially Statute Barred and you can legally tell them [STRIKE]to bog off[/STRIKE] that you won't be paying.