HFO

cjgoodsell

Ok...

My concern is that I had requested proof I owed this debt (which I never owed). They have sent me statements that only proves to me that some one owes money. What I am trying to do is 1. stop them chasing me for someone else's debt and 2. get enough evidence together so I can pursue them legally for running my name through the mud on my credit file. More importantly on the account there has been 3 names on there (3rd i established yesterday) which I have proof of via my credit file!

cjgoodsell

chanz4 wrote: »

I had a barclaycard in 2005, never signed an agreement.

really how comes?

fermi

cjgoodsell wrote: »

really how comes?

Barclaycard didn't always ensure that they had a proper signed agreement back then when they opened accounts.

chanz4's comment is utterly irrelevant, as since this isn't your account, there would be no agreement, and more importantly no documentary proof that this is your debt or that you spent the monies involved.

In fact, the evidence they have already provided with statements bearing a name/initials that are not yours show that HFO are going after the wrong person.

At best, the debt HFO are going after is a result of ID theft after you moved out of the property, with someone using you surname but not knowing more than that.

Is that something you think might have happened?

cjgoodsell

fermi wrote: »

Barclaycard didn't always ensure that they had a proper signed agreement back then when they opened accounts.

chanz4's comment is utterly irrelevant, as since this isn't your account, there would be no agreement, and more importantly no documentary proof that this is your debt or that you spent the monies involved.

In fact, the evidence they have already provided with statements bearing a name/initials that are not yours show that HFO are going after the wrong person.

At best, the debt HFO are going after is a result of ID theft after you moved out of the property, with someone using you surname but not knowing more than that.

Is that something you think might have happened?

I believe that strongly. I feel I need to take some form of legal advice before I send them this letter.

fermi

cjgoodsell wrote: »

I believe that strongly. I feel I need to take some form of legal advice before I send them this letter.

In that case, first thing to do is report this as possible fraud.

You can do that at: https://www.actionfraud.org.uk

That will give you a crime reference number.

cjgoodsell

I am looking at sending this to them


Thank you for contacting myself and sending me copies of statements (that i did not ask for).

Unfortunately this does not prove to myself that I personally owe the debt only proves that some one owes this debt to Barclaycard (quite considerably less than you have quoted). I would like to make you aware that I do not owe and have never owed a debt to Barclaycard.

I am now giving you notice that I require full proof stating otherwise and would like this within 7 days of the date of this letter.

Should I not receive a response within this time frame I consider this matter to be closed.!

Anything outside this time frame or any demands for monies you claim is owed I will pursue this matter I am familiar with the CPUTR 2008 and the Office of Fair Trading's Guidance on debt collection, which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

I would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. AND in not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive and/or unfair methods.

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

Yours faithfully

cjgoodsell

or this:

Thank you for your correspondence and sending the copies of the statements, despite the fact that I did not request them.

Unfortunately this does not prove that I personally owe the debt. It only proves that someone owes this debt to Barclaycard, and quite considerably less than what you have quoted. Please be aware of the following facts: I do not owe Barclaycard anything. In fact, I have never owed Barclaycard anything. More to the point, when I contacted Barclaycard myself to ascertain the truth of this debt, they could not give me any information due to the Data Protection Act – this was because, the name associated with the debt, was not my name.

This purpose of this correspondence is to give you notice that I require full proof stating otherwise and I expect to receive this within 7 days of the date stated on this letter.

Should I not receive a response of any kind within this time, I will consider this matter closed.

Anything outside this time frame or any demands for monies you claim is owed, I will pursue this matter in line with the CPUTR 2008 and the Office of Fair Trading's Guidance on debt collection. You should be aware that this states that it is unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

I would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. And in not ceasing collection activity whilst investigating a reasonably queried or disputed debt, you are using deceptive and/or unfair methods.

Furthermore, ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

As you may not be aware of these guidelines, I have included a copy with this letter in order that you may become more familiar with it. I hope you find it an enjoyable read – I know I did.

elaine12022

Do you want to specify exactly what you consider proof? eg a lawfully signed contract.

cjgoodsell

An update to my last letter..

Today I received an application form which is really tatty and has my old address on this. It is a bad copy the small print a magnifying glass cannot do the job. The signature is very feint I cannot even work it out. The security questions they imput is nothing to do with me...

Are they that stupid to think I will pay someone else's debt.

I was in the middle of drafting up a letter to the OFT, ICO, MP etc and this came thru my door...

I am half tempted to now to respond back to HFO and make it clear to them the account is in dispute as I have reported it for ID Fraud so hopefully they will stop responding!

What more can we do?

cjgoodsell

I have drafted up 2 more letters one to HFO and 1 to the oft..

HFO:

Thank you for your letter of 16th June 2011, the contents of which are noted.

I am disputing this account as I have never had this account with Barclaycard. As such, therefore, I consider this account to be in dispute and no further action should be taken by yourselves until this matter is resolved.As per OFT guidelines Section 2.8k "not ceasing collection activity whilst investigating a reasonably queried or disputed debt."

I would respectfully suggest that this account is returned to the original creditor for resolution of this dispute as HFO Services cannot lawfully pursue any enforcement activities. I have firm belief that this is not my debt.

After reading all correspondence from HFO Services and if HFO Services still chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

After taking advice, I am of the opinion that any continued pursuit is in violation of the CPUTR 2008 and the Office of Fair Trading's guidance on debt collection. I need to remind you that this states that it is unfair to send demands for payment to an individual when it is uncertain they are the debtor in question I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

Yours faithfully

OFT:


Complaint against HFO Services.

I am writing to yourself regarding the above company and their actions that I am unhappy with and urge you to investigate this.

In early April HFO Services contacted myself on a mobile number they claim I had supplied to them in 2003. This phone number in question did not go live until 2005 and in December 2009 it was signed over to my partner to go on her mobile phone contract account. This to me is a breach of The Data Protection Act by incorrectly gaining data for their personal gain.

During this conversation they first claimed I owed a large amount to them regarding a Barclaycard debt. During this call they wanted me to confirm to them my personal details which I refused to do, and during this they accused me of trying to avoid my debts and call the police. I then advised them that I was to terminate the call and they should contact the debtor in question via post as this was not myself.

On 16th April they sent me a letter which to me are basic threats on what they can do regarding the account (copy attached). I also responded to this letter on 18th April asking them to prove this debt is owed (again a copy attached).

During this time I set up an account with Equifax to view my credit file and I was disgusted to see that they have placed a record on my file but under a different name xxxx at a previous address. With a last delinquent date of 08/05 and default placed In July 2005. When my credit report was created with updates on 13th May this entry was changed by HFO Services and Equifax to Mr xxxx with a default date of August 2005. Both entries have last updated 08/2010. I have taken a screen shot of theses and included them for your attention.

I have also contacted equifax regarding these entries and they responded that the company concerned advised its correct and will stay on there and a message from them urging I contact them regarding the debt. I do not appreciate a credit reference agency acting as a messenger to pursue the debt.

On 21st May I received copy of what looks like statements from barclaycard via HFO Services regarding this account the 1st statement from July 2005 with 1 payment then 18 months worth of none payment (again copies attached). I responded to this letter on 23rd May (Copy attached), asking them to provide me further evidence within 7 days and if no response I Would consider this matter to be closed.

On 17th June HFO Services contacted me again with a very appalling copy of an application form (copies attached). But when you look at all the information that was supplied with this is suggests to me it was also requested at the same time as the first letter to them was received asking them to prove this debt was owed by myself.

Today I am writing to HFO Services placing this account into dispute as I firmly believe this not to be my debt (copy for your reference).

I now feel I have exhausted all possible avenues with this company and would greatly appreciate your input on this matter.

Yours Sincerely



Mr xxxxxxx

Attachments:
Letter dated 15th April from HFO Services
Letter dated 18th April to HFO Services
Equifax Screen Shots
Letter and statements received 21st May from HFO Services
Letter dated 23rd May to HFO Services
Letter dated 16th June from HFO Services and application form
Letter dated 20th June to HFO Services.