Another HFO Letter question

Avoneer

Hi All,

My partner has just received a lovely letter from HFO Services demanding £818.67 for a Barclaycard debt.

She says she had a Barclaycard account back in 2004 for £130 but is adament she paid it all off.

The letter was really nasty and she was really scared so rang them up, paid £40 on the phone with her card and agreed to pay £360 in the morning and that that would be the end of the matter.

I'm not sure that she should have paid the £40 or should pay the balance.

What should we do?

Isn't this debt statute barred?

Help!

Pat...

Tixy

Well it sounds like its either not her debt or if it was her debt its probably statute barred. Don't pay them anything more, then either wait for another lette from them or or send the prove it letter in reply to the one she got http://forums.moneysavingexpert.com/showpost.php?p=11570893&postcount=2

If it is her debt and they can prove it is then sounds like it will be statute barred. If its SB then her payment won't have changed that (although she won't get her money back).

Avoneer

Hi Tixy,

Thanks for that - very helpful.

They do mention in their letter that if it's not paid within 3 days, it will be sent to a solicitor's desk for legal action against her and that they will seek to enforce their judgement by way of a warrant of execution.

Should we be worried?

Thanks,

Pat...

nottoolate

one of their silly 72 hour warning of litigations?

just an idle hfo threat

tell them to prove the debt and that it isnt statue barred

unlikely they can do either

Avoneer

Thanks.

Have tweaked the standard letter and got this (see below) going in the post today recorded delivery (posting it on here as it might help someone else in the future).

Will update if there is anything to update.

Pat...

You have contacted me regarding an account with your above mentioned reference number, which you claim is owed by myself.

I would like to point out that I have no knowledge of any such debt being owed to HBO Services Limited.

I am familiar with the ‘Office of Fair Trading Debt Collection Guidance’ which 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 like to point out that the Office of Fair Trading say under the guidance that it is unfair to pursue third parties for payment when they are not liable. 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.

I would ask that no further contact be made concerning the above accounts unless you can provide evidence as to my liability for the debt in question.

I also believe that this debt is statute barred and ask that you provide evidence to show otherwise.

I await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the Office of Fair Trading of your actions.

I look forward to your reply.

fermi

Since you made a recent payment, HFO may try to FALSLY claim that the debt isn't statute barred because of this.

That is rubbish, but they will normally try it on.

So bear in mind the info here:

http://forums.moneysavingexpert.com/showpost.php?p=34906321&postcount=6

i.e. once a debt becomes statute barred under the Act, no subsequent payment or acknowledgement undoes that.

If the debt isn't statute barred, then proof would have to be something that would stand up in court.