HFO Services 72 threat of litigation

annieveric

I am not sure if this is in the right section. this is my first post.
I have just received a 72 hour notice of litigation from HFO services who have been calling so much i have had to switch my ringer off on the phone. They claim I owe over 6K to Barclaycard.
I had a Barclaycard which I stopped being able to pay due to poor health in 2002/2003. From memory I only remember having a limit on there of £2000 at most. I explained to Barclaycard that due to poor health I could not keep up any payments. I am 79 and since then have had a lung removed and am permanently under care at home. I also sent Barclaycard a letter from my doctor stating that my poor health would never improve, was permanent and would deteriorate which it has. I heard no more from Barclaycard.
My daughter helped me obtain a credit file a few years ago and again, i remember seeing the Barclaycard on there and that they only technically defaulted the account way after I had contacted them.
I will sent the proof required letter to HFO today recorded delivery but I have one question.

If my last payments to Barclaycard were 2002/2003, can this debt be enforced if technically they only defaulted the account much later on? From what I have read, it seems not but I need it confirmed. This is such an old debt, i think it may be SB. My feeling is that the default date may be coming up to SB date and thats why they are going in hard now but I thought it had to run from when i last paid? Also is there anything that can be done about their obvious fraudulent way of adding thousands to the amount?

What would your advice be as to how to proceed with HFO services? What if they send me court papers this week? I cant really handle this stress to be honest and am very worried.
Sorry about all the questions.
Eric

Tixy

Hi

If the last payment you made was back in 03 and assuming they haven't obtained a CCJ then it would be statute barred. The default date does not play a part in establishing the 6year rule for a statute barred debt - HFO might well try to tell you different but the law is clear. It has to be an action by you the debtor (such a paying or writing to them), entering a default date is an action by the creditor so not relevant.

As you have guessed start with the prove it letter.
If its your debt and they can prove it follow up with the SB letter.
If they try to tell you its not SB due to the default date fight them and come back here for advice.
I'd be pretty sure you won't receive court papers - on the slim chance that you do, come back for advice and we'll help.

annieveric

New Update.
Just renewed on credit expert and seen my credit report.
HFO is on there.
It doesnt say Barclaycard....just card/store card.
It says the default was on 31/05/2005 but i didnt pay anything way before that time.
it also says the amount is £3595 and not the £6123.89 they are demanding

Next moves please? Any help appreciated.

annieveric

Thank you Tixy for that clairification. Please can you tell me where to obtain the SB letter from?

Tixy

Templates and useful info here Statute barred debts and the Limitation Acts

RAS

Hi

They are hoping to get money out of you before you learn about the law.

Once you write to them thwey are required to stop chasign the debt. If they do not stop, you need to report them.

fomirster

HFO's standard 72 hour threatogram. Don't take this too seriously, I don't know anyone who HFO have taken to court 72 hours after receiving this letter.

I have had 7 of these over the past few years. My situation is similar to yours in many ways. Firstly it is unlikely that an enforcable agreement exists, guesing that you had the card for sometime before you defaulted, all what will exist is an application form for credit. HFO specialise in purchasing distressed debts that are often unenforcable, including many old Barclaycard debts.

As mentioned above, they are trying to get you to panic and pay money before you learn the law and your rights.

It is possible that HFO have changed the default date on your file, I wouldn't put it passed them.

You will probably be better off to send a CCA request rather than a prove it letter. You know the debt existed and you are unlikely to get the info you want from a prove it letter, you will end up sending a CCA request after that, IMOP.

Be forewarned, they will probably reply to you with a questionaire, don't fill this in.

fatbelly

annieveric wrote: »

New Update.
Just renewed on credit expert and seen my credit report.
HFO is on there.
It doesnt say Barclaycard....just card/store card.
It says the default was on 31/05/2005 but i didnt pay anything way before that time.
it also says the amount is £3595 and not the £6123.89 they are demanding

The whole record will disappear after next month - stays on for 6 years after default.

annieveric

I sent the Prove it letter and I also emailed it to them. They received it 2 days ago.
Today I received a "Schedule of Litigation" dated 2 days ago.
It gives a timeline of their intended prosecution.
What should I do?
They have also put up the amount to £6130.85 when on my credit report I owe just over £3500. Obviously that will vanish on the 31/5 as it'll be 6 yrs since the default but I didn't pay anything etc since 2003.
Getting worried. These correspondence letters have obviously crossed in the post but what should I do?

annieveric

What if they ignore the Prove it letter completely?

fermi

Send the letter here: http://forums.moneysavingexpert.com/showpost.php?p=34906247&postcount=4

Can't say I have ever heard of HFO following up one of their daft 72 hours letters, but if a miracle happens and they did take it to court, then you defend the claim on the basis that the debt is statute barred.