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Have a small problem with HFO at the moment. They are pursuing a friend for a statute barred debt. No acknowledgement of the debt has been made in the last 6 years and the last payment made to the account was over 6 and a half years ago. The card was withdrawn over 6 years ago so it could not be used.
HFO are arguing this account is not statute barred and have provided documentation to demonstrate why they think this is the case.
Copies of the credit card statements from the period May 2005 to September 2005 show a recurring subscription to an ISP. Each statement says clearly "your card has been withdrawn" but they still allowed these £15 payments to go through on an ongoing basis (which co-incidentally allowed them to add an extra £35 in charges every month).
The statements show no payments to the account and they can provide nothing at any point in the last 6 years acknowledging the debt. What they are relying on is these recurring automated subscription payments to imply that the account was 'acknowledged' by my friend as it was 'in use' even though the card had been withdrawn (and therefore the payments should not have gone through) and they were automated payments she didnt know about.
So do you guys know? Is HFO in the right here or is this debt statute barred?
Oh yeah, to add to the giggles, the documentation they provided us also included a payment plan for another account of theirs. The data includes the original creditor, the credit card number, the (debtors) full name and address and most shockingly, their full bank account number and sort code. Way to really breach the Data Protection Act there. If Mr Ali is on these forums, give me a PM and ill be happy to provide you a copy in order to pursue any action against HFO you wish.
HFO are arguing this account is not statute barred and have provided documentation to demonstrate why they think this is the case.
Copies of the credit card statements from the period May 2005 to September 2005 show a recurring subscription to an ISP. Each statement says clearly "your card has been withdrawn" but they still allowed these £15 payments to go through on an ongoing basis (which co-incidentally allowed them to add an extra £35 in charges every month).
The statements show no payments to the account and they can provide nothing at any point in the last 6 years acknowledging the debt. What they are relying on is these recurring automated subscription payments to imply that the account was 'acknowledged' by my friend as it was 'in use' even though the card had been withdrawn (and therefore the payments should not have gone through) and they were automated payments she didnt know about.
So do you guys know? Is HFO in the right here or is this debt statute barred?
Oh yeah, to add to the giggles, the documentation they provided us also included a payment plan for another account of theirs. The data includes the original creditor, the credit card number, the (debtors) full name and address and most shockingly, their full bank account number and sort code. Way to really breach the Data Protection Act there. If Mr Ali is on these forums, give me a PM and ill be happy to provide you a copy in order to pursue any action against HFO you wish.
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