HFO Services Ltd ?

[elizabethlucas]

Please could someone help?

I have been recieving letters from HFO Services Ltd but when i e-mail them back to try to resolve the situation there is no response. They are saying i owe more £19,000.

They have now proceeded to send letters to my previous business address of which has closed down and new owners own the property.

I again have emailed them asking for a break down of the amount oweing and telling them i would be willing to pay a payment plan but still no rsponse.

Also the amount oweing has reduced itself by £1,000 on the second letter.

The situation tself hapeened more than 8 years ago. I have not been contacted at all by the origianal people who the amount is owed to, which are welcome finance.

I no longer know a the second person and have not seem him for more than ten years. The last i heard he was living with his parents.

The Blue Corsa car was to my knowledge given back to welcome finance due to mechanical failure. Welcome finance would not take responsibility for it not being serviced properly before being handed over.

In the first week the brakes were faulty and nearly caused a serious accident on the motorway. The clutch also went this lead me to ring the service centre to try and resolve the problems immediatley. I was told it was my fault and had nothing to do with them. However, we had the car less then three days when problems arose.

Originally, I only took the Corsa car as an exchange on my previous Red Micra due to needing a car for work. This lead me to losing my job due to the distance i could not travel to and from. Welcome finance was told to pick up the car this would have been around the beginning of 2002 more than 8 years ago.

The Corsa was left outside the house for weeks awaiting collection. In the end the keys were posted into the aintree dept of welcome finance. While the car was still left with a neighbour outside my previous address because i had to move because i couldn't afford where i lived either. With no other choice i went back to Norfolk to care for my parents.

I was told the car had been taken away and thought this was the last i would hear. I came back to Liverpool in 2008 because i could no longer care for my parents and wanted to start a new life. However, I am unprepared to pay for a car that was their mistake for letting it go without a full service and the fact the car has not been in my possession.

I have told them to check with the DVLA that i have never had the car or insured it apart from when i had been originally exchanged at welcome finance in knowsley. I am now on job seekers allowance. I am more than willing to pay for the outstanding amount from the Red Micra because their were payments oustanding.

Many Thanks

elizabethlucas

[teaboy2]

Re: HFO Serives Ltd ?

Hi Elizabeth Welcome to LB.

First of all theres no need to post 3 different threads on the same issue so have asked the Site Team to remove the other two threads.

If i follow what your saying correctly, then the last payment you made towards this debt was over 8 years ago, is that correct? If so then the debt is statuted barred, which means it can not be enforced via court and they should not be chasing you for it as per OFT Guidelines.

As for them saying its your fault and nothing to do with them, well that is i believe a breach of warranty and their obligations to provide a car that is safe to drive. Put it this way i worked in the motortrade upto 10 years ago and i know for a fact clutches do not go for reason other than faulty part or wear and tear, and same for brakes they are only faulty due to wear and tear or improper maintence or fitting.

[elizabethlucas]

Re: HFO Serives Ltd ?

Hi Teaboy

Thankyou for your quick responce. I didnt mean to post so many but was unsure if i had done it right.

As for the payment yes it was more than 8 years ago. How do i go about stopping them chasing me?

As soon as the car started playing up I rang welcome finance and hence this situation now.

Thankyou for all your help.xx

[teaboy2]

Re: HFO Serives Ltd ?

Hi Teaboy

Thankyou for your quick responce. I didnt mean to post so many but was unsure if i had done it right.

As for the payment yes it was more than 8 years ago. How do i go about stopping them chasing me?

As soon as the car started playing up I rang welcome finance and hence this situation now.

Thankyou for all your help.xx

Ok well theres not alot we can do about any claim in regards to them not acting to resolve the problems with the car - Statutes of limitations legalisation prevents that am afraid.

Though the same leglisation prevents that from enforcing the debt when no payment or acknowlegement of the debt has been made for a clear period of 6 years (5 if in scotland) - The law works both ways lol.

So you need to send them by recorded delivery a statuted barred letter like the one below.

Dear Sir/Madam

Acc/Ref No 4563210025897412

You have contacted us regarding the account with the above reference number, which you claim is owed by ourselves.

We would point out that under the limitation act 1980 Section 5 “an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.”

We would also point out that the OFT say under their debt collection Guidance on statute barred debt that “it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period”.

The last payment of this alleged debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from us in the relevant period under Section 5 of the Limitation Act, we suggest that you are no longer able to take any court action against us to recover the alleged amount claimed.

The OFT Debt Collection Guidance states further that “continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to CPUTR2008

We await your written confirmation that this matter is now closed and that no further contact will be made concerning the above account after that last letter.

We look forward to your reply.

Yours faithfully

Print Name do not sign by hand

Then follow it up with a

Legal notice issued under Section 10 of the Data Protection Act 1980


date


Your reference................ .......


Legal notice under the Data Protection Act 1980


To; The Data controller/compliance Manager.................. .................


Dear Sir/Madam,


Please be advised that this is a formal notice issued under Section 10 of the Data Protection Act 1980
I demand that you cease processing of my Data by any means whether written or electronically,with third party individuals and
organisations.In addition to processing,this also means passing,ammending,sharing ,and management in any form of my Data in whatsoever filing,both manually or electronically.

In compliance with the Information Commissioners guidance,I give you 14 days to comply with this request.

The purpose of this request is that I am of the understanding that your continual processing/controlling of my data will cause distress harm and damage.
Specifically because;

(i) My credit worthiness is being or has been damaged by your actions as a result of your entries to my credit files,which relate to unfair charges currently in dispute,and found by the Office of Fair Trading to be unfair.You can also add other stuff here as is applicable and any or all of the following that apply (since you need to show reasons as to why continual processing will or is likely to cause distress harm or damage)

(ii)That recorded defaults on my credit files by yourselves are in dispute.

(iii)That I fully expect to show that adverse data was wrongly filed which would mean that earlier processing was unfair and unjust.

(iiii)That matters in relation to adverse data you have entered onto my credit files are currently in litigation.

(iiii) That the adverse data you continue to process,manage and pass on to third parties impedes my ability to apply for credit,mortgages or other financial services.

(iiiii)That as a data controller/compliance officer,you have a responsibility under the Data protection act to observe all principles set out therein,within the act.


I expect an acknowledgement of your intentions to comply,and if you do not agree,your reasons for being unable or unwilling to do so.
I will give you 14 days to forward this to me in writing.


Under the Data Protection Act,a county court has the powers to order compliance of any breaches it sees fit,together with compensation,at the discretion of the court.

Should you fail to comply,or give just and reasonable reasons as to why you will not comply,I will consider making an application to my local Court on notice to force compliance,together with costs and compensation.

Yours Faithfully


Again print name do not sign by hand

Chances are they will try telling you a payment was made within 6 years of the last payment you made, like many of Debt collectors have been doing recently. though the onus of prove is on them to provide proof that such an alleged payment was made.

So if they do respond saying you had made a payment, then comeback and let us know and we will tell you what to send them.

[elizabethlucas]

Re: HFO Services Ltd ?

Also would this effect the credit rating?

[teaboy2]

Re: HFO Services Ltd ?

No - Chances are any default would have been issued 8 years ago, and would have fallen of your credit file after 6 years. Though check your credit report to make sure they have not added another default, if they have then its inaccurate and can be deemed as libellous and if you, for instance, failed a credit check as a result of the default, then you can sue for finanical detriment for it.

Though chances are theres no longer anything on your file about this debt. But you never know with DCA, when they like to think they are above the law.

[elizabethlucas]

Re: HFO Services Ltd ?

Hi Teaboy

many thanks for your help. I will do this straight away and hopefully that will be the end.

thankyou and very grateful xxx

[teaboy2]

Re: HFO Services Ltd ?

Your Welcome Elizabeth,

Keep us updated on this won't you.

[CleverClogs]

Re: HFO Serives Ltd ?

As for the payment yes it was more than 8 years ago. How do i go about stopping them chasing me?

Refer the oafs to the celebrated retort in the case of Arkell v Pressdram.

[teaboy2]

Re: HFO Services Ltd ?

Oh yes, that one will certainly raise a few eyebrows and is a good way of getting the point across since it basically telling them to F off. lol

Arkell v. Pressdram (1971) [unreported]

Solicitor (Goodman Derrick & Co.):

We act for Mr Arkell who is Retail Credit Manager of Granada TV Rental Ltd. His attention has been drawn to an article appearing in the issue of Private Eye dated 9th April 1971 on page 4. The statements made about Mr Arkell are entirely untrue and clearly highly defamatory. We are therefore instructed to require from you immediately your proposals for dealing with the matter. Mr Arkell's first concern is that there should be a full retraction at the earliest possible date in Private Eye and he will also want his costs paid. His attitude to damages will be governed by the nature of your reply.



Private Eye:

We acknowledge your letter of 29th April referring to Mr J. Arkell. We note that Mr Arkell's attitude to damages will be governed by the nature of our reply and would therefore be grateful if you would inform us what his attitude to damages would be, were he to learn that the nature of our reply is as follows: **** off.