HFO Taking Action Against You

[Paul.]

Re: HFO Taking Action Against You

If the pirates are re-grouping, should I still send Statute Barred letters to HFO and Turnbull Rutherford?

Turnbulls only

[thatnamestaken]

Re: HFO Taking Action Against You

Not sure if is of any use but.....I do have a 72 hours notice of litigation that arrived out of the blue last June regarding an old Barclaycard debt that is about four months away from SB. It runs along the lines of "it has become clear to us you are refusing to pay your debt" and "you are on a 72 hour notice of litigation" and "once our solicitors have reviewed your case they will issue a claim form against you in county court" etc.It finishes off with "we hope the above is clear and you can see how your continuing failure to contact us is costing you a significant amount of money". Usual threatogram stuff I guess.Never heard anymore....as I moved ! Was planning to wait until after SB and see then if they have obtained a ccj and deal with it after getting advice here.....

[ladylou]

Re: HFO Taking Action Against You

Thanks for the input!
What worries me is being prepared for the next stage and knowing the tricks they play, well, whose side is the law on?

[ladylou]

Re: HFO Taking Action Against You

Well, whilst things have gone quiet on the letter front, I decided to check my credit file again....Seems HFO have registered 2 defaults of August 2008 (wrong dates according to me and Barclaycard recoveries).
What can I do now?

[Never-In-Doubt]

Re: HFO Taking Action Against You

Why does your credit file matter? Don't worry till everything else drops off then you argue it and have it corrected.

No rush unless it's the only default you have? How to fix it? Simple, raise a dispute with the cra and show proof of both defaults and remind them they're the data processor and thus liable to correct the data.

However I'd not do this if the creditor is not in contact as it'll make them come back to life again.

[ladylou]

Re: HFO Taking Action Against You

Sorry I wasn't very clear - my credit file was fine until HFO registered the 2 defaults a couple of weeks ago (when they first started writing to me in November, my file was clean) with incorrect default dates (so they are saying it isn't statute barred).

So far the proof of date has only been verbal from Barclaycard - do I need to do a SAR to get it in writing?

[gayle.alderson]

Re: HFO Taking Action Against You

Been to court today with HFO and it has been put back until we can get further evidence. We had an old barclaycard debt and recieved a letter in 2006 offering for us to have a reduced figure of £800 if we entered into a payment plan which is what we did. They have now decided we owe more and never made a deal and i stupidly tossed the letter out thinking it was sorted. On the upside HFO have to find the correspondance they sent me in 2006 but i wont hold my breath as im sure they will make one up.

[Never-In-Doubt]

Re: HFO Taking Action Against You

Been to court today with HFO and it has been put back until we can get further evidence. We had an old barclaycard debt and recieved a letter in 2006 offering for us to have a reduced figure of £800 if we entered into a payment plan which is what we did. They have now decided we owe more and never made a deal and i stupidly tossed the letter out thinking it was sorted. On the upside HFO have to find the correspondance they sent me in 2006 but i wont hold my breath as im sure they will make one up.

However you could always SAR whoever sent the letter as they'd have a copy then and if not, they're breaking HMRC laws as well as DPA as they have to retain paperwork for a minimum of 6 years and if this was in 2006, it's not even 6yrs yet

[gayle.alderson]

Re: HFO Taking Action Against You

would that work? i have 14 days for a new defence!!

[Paul.]

Re: HFO Taking Action Against You

i have 14 days for a new defence!!

but do you?

Is that indeed what was ordered? leave for the Defendant to file and serve an amended Defence?

If so then a request for documents mentioned in the statement of case may assist using CPR 31.14 as per CPR 31.15 it must be complied with within 7 days

I have however seen people say they can amend when infact the court has not said such a thing therefore amendments are governed by CPR rule 17

[Undercover Elsa]

Re: HFO Taking Action Against You

Hi Gayle,
Just to clarify, was it HFO or Barclaycard who sent the letter and made the deal?
Did the judge specifically order them to produce this letter?

Shep x

[gayle.alderson]

Re: HFO Taking Action Against You

the claimant has been ordered to retrieve the original letter to myself as there has to be one and i have to resubmit my defence also. I have asked bt for a copy of my bill from may/june 2006 to prove that i called them to make the arrangement. I was wondering if i can retrieve the exact call date and time can i make them retrieve a call recording? The judge did not want to make a decision without the letter.

[Undercover Elsa]

Re: HFO Taking Action Against You

OK..if the judge has specifically ordered them to produce the letter that's good.

There's no guarantee they'll have recorded the call, unfortunately, but you could try.

Did your credit file reflect that you were in a payment arrangement and did the balance change to £800?

Also...why have they issued...did you stop payments after you'd paid £800, then they got greedy and renaged?

Sorry for all the questions..

If it was me, I'd SAR them anyway asap.

[Paul.]

Re: HFO Taking Action Against You

the claimant has been ordered to retrieve the original letter to myself as there has to be one and i have to resubmit my defence also. I have asked bt for a copy of my bill from may/june 2006 to prove that i called them to make the arrangement. I was wondering if i can retrieve the exact call date and time can i make them retrieve a call recording? The judge did not want to make a decision without the letter.

Part 18 them

Ask a specific question of them in respect of the call.

Part 18 becomes part of the pleaded case so it will be something you can place reliance on.

[gayle.alderson]

Re: HFO Taking Action Against You

yes sheperedess they are admitting i have paid £825 by direct debit but denying they made an offer of a reduced amount it took them 17 months from me cancelling my direct debit to recieving a letter with google earth pictures of my street,land registry docs and my credit file attached.
Paul im new to this can you explain what you mean? sorry.