I don't see any light at the end of this tunnel!

fomirster

And no it doesn't mean that you have to pay back both amounts. The first is when you defaulted on the card and the second is what you owed when they terminated your agreement.
That should be the amount that HFO are legally entitled to be chasing you for, not the 6K they have mentioned.

fomirster

Did you look at the public information section of your credit report for the CCJ?

GMFlash

Hi fomirster,

Thanks for taking the time to come back to me again.

I am getting the CCA request sent off today recorded delivery. Hopefully it'll be in enough time before anything is taken further by HFO. I found the notice of assignment from HFO Services stating they had bought it from Barclaycard.

If the debt does go statute barred what does that mean in real terms? Is it that the debt in not enforceable - ie it doesn't have to be paid back but it still appears on my credit report and will affect my future credit rating?

It may well be worth paying it off at whatever i can afford if it affects my future credit score etc?

The CCJ did not appear in the Court Information part - with Equifax there seems to be no Public Information part. I think I'll try and get the £2 report from Experian and compare the two.

Cheers everyone once again. Also thanks to Tixy for the prove it letter link. let's hope this works.

I am sleeping a bit better now knowing that there is a process about to be in place to get things back in my favour which over time will enable me to repair my credit rating etc.

Gettingtherequickly

GMFlash wrote: »

I am sleeping a bit better now knowing that there is a process about to be in place to get things back in my favour which over time will enable me to repair my credit rating etc.

And you said you couldn't see light at then end of the tunnel! Think it is getting brighter in your world now

fomirster

Basically when a debt become statute barred (after 6 years in England and wales, five in scotland) it is no longer enforcable in court. This means that they cannot take you to court, obtain a CCJ or obtain enforcement, ie bailiffs etc.

You still owe the debt but all they can do is ask you to pay, but when they know you know its stat barred they will give up asking. You would of already been issued with a default notice and this should of been registered on your credit file within six months of you defaulting. This will fall off your credit report after 6 years no matter what and to be honest it doesn't make a great deal of difference now if it is marked as paid or not. They cannot issue another default., so no this debt won't haunt you forever more.

Is the default on your credit file still? HFO will probably have taken it over from barclaycard but it should still be the date you origionally defaulted. This if you have to needs checking with the origional default from barclaycard as it is not uncommon for DCA's to change the date when they take over the responsibility of reporting the default.

The statute clock starts ticking down from the last payment you made on the account, so if you make a payment after 5yrs 11 months and 29 days it will start all over again.

We'll see what comes back from HFO, you may need to send a Subject Access Request to Barclaycard to clear some of these matters up, HFO are a slippery bunch and I personally don't trust them as far as I could throw them. We are talking about a company who hit the news paper headlines for phoning somebodys neighbour and suggesting that they throw a brick through their window with HFO's details on it as they couldn't get hold of them (google Tony Ethrington).

When HFO come back to you let us know, their latest trick is to also send people a questionaire to fill in before complying with your request. the wording of it makes you believe it is to help you, but it is try and get you to admit liability in writing and a copy of your signature. Don't fill this in, you are under no obligation to.

fomirster

Also just to add, you shouldn't be scared of DCA's, they have no legal power. Only a judge has that. You can never be forced legally to pay more money than you can afford, After outgoings and commitments you stil have an amount that the state says you are allowed to have to get by on, and if after this there is no money left they will only award a DCA a nominal amount like £1.

Debt is worrying, but most people don't realise that since the last recesion in the early nineties the law is much more in favour of helping you, not the DCA's. DCA's only get away with it when people don't know their rights, thats why forums like MSE and CAG are so vital to helping people with free advice and knowledge

GMFlash

Brilliant Fomirster as I suspected that is the case with statute barred. There is obviously still a moral benefit to paying off the debt but nice to know that no one can try and force my arm if it is not affordable. If you start payment after 6 years I presume that the clock doesn't start again and it becomes enforceable?

I paid £5 odd yesterday to get special delivery to HFO Services PO BOX so I'll keep track of when that gets signed for.

I used the template and put my name at the bottom in type and then in pen put my initials in block capitals then put a big X through it and in brackets put, "(Signed but not with signature)" - is this ok? I don't want them trying to scam me!!

Really appreciate your help on this Fomirster and of course everyone else - thanks

fomirster

Once it's stat barred it's stat barred. If you make a payment after this time it does not restart the clock, if a CCJ is awarded after this time you get it set a side.

As for the moral question? Well put it this way, you never borrowed a single penny from HFO. They decided to buy your debt for pennies in the pound, a debt that could quite likely be unenforcable. They then hound you, use dirty tricks and also try and get you to pay interest and fees which highly inflate what you owed (which they are not entitled to). It was their decision, their greed. Where's the moral question in that?

GMFlash

True story Fomirster. I only meant morally from the original debt point of view.

What does a CCJ set-a-side mean?

I have not received anything back from HFo yet and they have until tomorrow to have responded to my letter (CCA) 12+2 days is correct I believe. It was sent on the 7th recoreded delivery so I presume and it was delivered so I presume that means the 21.04.11.

Of course, the credit report tells me that the date last delinquent is at 05/05. So I can but hope that I hear nothing before then and therefore it will definately be statute barred. I am only concerned now that I signed the letter in the manner I did but they haven't got any of my bank details so hopefully nothing can be taken in a sneaky way!

I appreciate everyones time and I hope you all have a great Bank holiday and if you get a chance to respond please do

GMFlash

Hi guys,

Just a quick follow up of which I'd be grateful of your advise.

The HFO Services response to my prove it letter sent on the 7th April 2011 came to me today dated the 24th May 2011.

The letter said:

Dear **************

Further to your most recent conversation with HFO, please find attached a letter from your Account Manager.

Please contact your Account Manager directly if you have any concerns or queries.

We look forward to hearing from you.

Yours sincerely,
Printed ineligable signature

Account Management
HFO Services Limited
Email: [EMAIL="accountmanagement@hfoservices.com"]accountmanagement@hfoservices.com[/EMAIL]

Attached is a very poor quality photocopy of my orginal credit agreement - the details on it are correct and it looks real enough.

However, since I believe the debt to be now statute barred with the default date being 07.05.05 I am wandering if I need to respond to this letter at all especially as it is outside the 14 days I gave them to respond?

Thanks.