HFO Debt Collection Agency

[bigcol]

Hi people,
Well, this is the 12th working day after I sent the advised letter to HFO, allowing 3 days for it to arrive.
They have not responded by letter, even though they have been told on numerous occasions that I will not deal with them on the phone, they have persisted in trying to speak to me.
I have changed my mobile number to try to stop the harrassment, but they still have my land line number.
If at all possible, could Mike let me know what my next step is? providing that I dont have a letter on my doormat when I return home tonight.
Thanx
Colin

[mikebdomain]

Did you send the letter by recorded or registered? If they do not answer after 12 days they can ONLY enforce the debt by a court order and only then IF they can come up with the Consumer Credit Agreement.

My advice - do not talk to them, ignore any contact from them at all, unless thery send you a copy of the Consumer Credit Agreement.

After 42 days the debt is unenforceable. As according to the Consumer Credit Act 1974
(as long as the debt was incurred before 2006)

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[bigcol]

Thanx 4 that Mike.
I sent the letter recorded as instructed.
My wife has told them on more than one occasion, that I will ONLY deal with them in writing, but they dont seem to understand what that means, as they continue to phone, as do the "3" mobile phone company, who I also will not speak to.
There was no letter on the doormat, so I assume that the 42 days, before the debt becomes unenforcable, will be from the date of my letter to them?
Thanx
Your help with this matter is very much appreciated.
Yours
Colin

[mikebdomain]

yes that's right


FREE ADVICE IS THE BEST ADVICE

LEYBRIDGE LIMITED
Mortgage Broker
Specialising in adverse credit.

see feedback and testimonials at:
http://www.leybridge.com/testimonial.php
Check out my blog at:
http://mikebdomain.blogs.iva.co.uk/
Please read our Initial Disclosure Document(IDD):
http://www.leybridge.com/Leybridge-IDD.pdf

[bigcol]

Hi Mike,
Sorry to be a pain, but is that 42 working days or 42 straight?
If it's 42 straight, then I look forward to 24th October, if it's 42 working days then I wait until 5th November. Thats ironic, as I could stick their so called debt on Guy Fawkes!!!
I know where I'd like to stick it.
Cheers
Colin

[mikebdomain]

Hi bigcol you are not a pain - 42 posting days. (just to complicate it...)

FREE ADVICE IS THE BEST ADVICE

LEYBRIDGE LIMITED
Mortgage Broker
Specialising in adverse credit.

see feedback and testimonials at:
http://www.leybridge.com/testimonial.php
Check out my blog at:
http://mikebdomain.blogs.iva.co.uk/
Please read our Initial Disclosure Document(IDD):
http://www.leybridge.com/Leybridge-IDD.pdf

[bigcol]

Hi Mike,
Well 5th November is fast approaching.
They have obviously received the letter, as, since my last posting on this site, I have heard absolutely nothing from them.
If, after the 5th, they do try to contact me, hopefully they won't, what should my response be?
Thanx again for all your help.
Colin

[mikebdomain]

If you have had no contact from them at all - nothing.

If they contact you, at the start of a telephone conversation ask them if the call is being recorded and if it is, ask them to tag the call as it will be called for in evidence should this matter go to court. Explain to them the contents of your letter along with the details regarding date of postage etc., and explain to them that this debt is no longer legally enforceable.

If they start court proceedings for collection, ensure you attend the court and take all the details with you.


FREE ADVICE IS THE BEST ADVICE

LEYBRIDGE LIMITED
Mortgage Broker
Specialising in adverse credit.

Firm FSA No:313790
Personal FSA No:MJB01557

see feedback and testimonials at:
http://www.leybridge.com/testimonial.php
Check out my blog at:
http://mikebdomain.blogs.iva.co.uk/
Please read our Initial Disclosure Document(IDD):
http://www.leybridge.com/Leybridge-IDD.pdf

[bigcol]

Hi Mike.
Thanx for your previous help.
Just to let you know that the 42 days are up on Monday 5th November, and today (Wed 31st Oct) I received a letter from HFO, demanding I phone them immediately and pay £126.53 or, ultimately they will take legal action against me.
The last paragraph says, and I quote " HFO alwys pursues debts until resolution, whether this is amicable or through the courts. The choice is yours".
As far as I can tell, they have not responded to the letter I sent them.
Do you think these are just idle threats?
Can you tell me what my next move should be?
Thanks
Colin

[mikebdomain]

Colin - I am with you on this, I am currently carrying out the same action with Citi cards, my final date is on the 10th of Oct.

Yes, hopefully they will take you to court, attend the court and take a copy of your letter with you and show it to the court and explain they have failed to provide a copy of your CCA.

As a safeguard, answer their letter explaining that you will only correspond in writing and refer to your previous letter requesting a copy of the CCA.

Are they threats idle? - Not sure, if you owe the money pay it. If not stand your ground.

My dispute with Citi is over a card that has been taken out by someone else and used in my name (identity theft) - there is no CCA and I will if necessary go to court.

The law is very clear – if a CCA is requested, they have very strict timelines which they must adhere to, if they fail to do so, the debt is unenforceable.


FREE ADVICE IS THE BEST ADVICE

LEYBRIDGE LIMITED
Mortgage Broker
Specialising in adverse credit.

Firm FSA No:313790
Personal FSA No:MJB01557

see feedback and testimonials at:
http://www.leybridge.com/testimonial.php
Check out my blog at:
http://mikebdomain.blogs.iva.co.uk/
Please read our Initial Disclosure Document(IDD):
http://www.leybridge.com/Leybridge-IDD.pdf

[bigcol]

Morning Mike,
Sorry about this, but I want to make sure that I have the correct info at the right time.
The letter you drafted for me was sent on 3rd Sept and signed for on the 5th Sept. Obviously the 12 days has passed, but I am unsure of the correct date when the "debt" becomes unenforcable. I worked it out as being the 5th November, but I may be wrong.
I have the signature for the letter, taken from Royal Mail website, even down to the time of delivery.
HFO have requested a reply within 14 days, if left until 5th November, assuming my dates are correct, then they cannot enforce the debt whatsoever? Can they still take me to court, after that date?
Cheers
Colin

[mikebdomain]

Right, first of all, the account is in default by them not producing the CCA within the 12+2 days and then you would have been able to stop making payments, if indeed you were making any.

The creditor can at any time produce a true CCA and you will have to pay. The only time that any action can be taken against them, meaning reporting them to the relevant bodies is after 12+2+30 days in which they haven't produced a CCA.

They have then committed an offence which is why it is so important to report them because if you do after the 12+2+30 days, then they happen to come up with the CCA it is unlikely you will have to pay as they stand to be fined up to £7500 for committing an offence by not providing the CCA within the given timescale. After the 42 days are up ensure you report them to trading standards.

You can sometimes report them to Trading Standards after the 12+2 days if you are still getting hassle from them but again, they can produce the CCA at any time and the debt then becomes enforceable again.

The rules are quite clear and there have been a lot of cases concerning CCA’s, IF they take you to court you will be given a chance to defend yourself YOU MUST ATTEND.

A court CANNOT enforce an agreement without there being a properly executed 'signed' agreement & if they choose to not supply one to you when you request it, then chances are they don't have it.


FREE ADVICE IS THE BEST ADVICE

LEYBRIDGE LIMITED
Mortgage Broker
Specialising in adverse credit.

Firm FSA No:313790
Personal FSA No:MJB01557

see feedback and testimonials at:
http://www.leybridge.com/testimonial.php
Check out my blog at:
http://mikebdomain.blogs.iva.co.uk/
Please read our Initial Disclosure Document(IDD):
http://www.leybridge.com/Leybridge-IDD.pdf

[bigcol]

Hi Mike,
I have spoken to my local Trading Standards Office, who have contradicted everything you have told me. They say that they can chase the bill for 6 years!!!
I am also totally confused with your last reply. I assumed that, if they failed to comply to the request to supply the Deed of Assignment and the Original Contract etc, that they could no longer pursue the debt, as they were committing a criminal offence, for which I should report them to the Trading Standards Office?
The lady I spoke to, who I assume was just a secretary, told me to make an appointment with Citizens Advice Bureau, taking all the relevant paperwork with me, and get their opinion.
I contacted the local CAB, who basically, were not interested in helping an individual case. I thought thats what they were there for?
Anyhow, as the letter was sent on the 3rd September, and you said 12+2+30 = 42 (posting days) do you agree that the final date was 20th October? This takes into account that Saturday is a posting day. Assuming I am correct, can they still take out Court Proceedings against me?
Sorry to be a pain in the **se

[mikebdomain]

Bigcol have a look at;

http://www.consumeractiongroup.co.uk

and do a search for ‘request for a consumer credit agreement’

My understanding is that they can 'chase' the debt, but can not enforce it without a court order nor a CCA.

Have a look on the site above and read through some of the threads where other people have been through the same thing that you are going through now.

As I said I am going through the same thing at the moment, in fact they wrote to me today, but did not include a copy of the CCA, so it doesn't count.

Put your report of the offence in writing to your local trading standards office and include copies of your correspondence, they will take it seriously then.


FREE ADVICE IS THE BEST ADVICE

LEYBRIDGE LIMITED
Mortgage Broker
Specialising in adverse credit.

Firm FSA No:313790
Personal FSA No:MJB01557

see feedback and testimonials at:
http://www.leybridge.com/testimonial.php
Check out my blog at:
http://mikebdomain.blogs.iva.co.uk/
Please read our Initial Disclosure Document(IDD):
http://www.leybridge.com/Leybridge-IDD.pdf