HFC/Marbles V Creditcardmug

[creditcardmug]

Hi, Just starting a new thread for this one
I sent a CCA request to HFC for a creditcard debt, they replied with an application form with no prescribed terms.

I then sent them this..

February 4th 2008
HFC Bank
P.O. Box 1520
Collections Correspondence
Birmingham
B1 2PR

Your Ref.




I DO NOT AKNOWLEDGE ANY DEBT TO YOUR COMPANY

Dear Ms

Re: = ACCOUNT IN DISPUTE
Re= My request under Sections 77-79 of the Consumer Credit act 1974

Thank you for your letter dated 29/1/2008 the contents of which have been noted. However, the reply received by me does not fulfil your obligations under the Consumer Credit Act 1974.

The Act demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above alleged account. I may ask for this on demand providing that a fee of £1.00 is paid. This fee was sent with my original letter dated 8th January 2008, upon receipt of the original request the specified account legally entered into disputed status.

My request remains outstanding. That which you have sent me is not acceptable. I also require you to provide full details of all payments/interest/charges/balances to the account since its alleged inception to date.

As you will know, under the Consumer Credit act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This means that unless you can provide such an agreement, this alleged debt is not enforceable in law.

You had until 22nd January 2008 to provide me with the true copy I requested. After that date you entered into default of my request. Whilst the account is in dispute, you are not permitted to ask for payment, nor am I obliged to offer any payment to you.
Furthermore, whilst the dispute remains, you are not entitled to charge any interest to the account, nor make any further charges to the account. Additionally, you are not entitled to register any information on this account with any credit reference agencies (or any third party and you may not legally transfer this alleged debt to any debt collection agency.


To register information with a credit reference agency, you must have written consent from the data subject to collate and share such information. This consent is given in the form of a signed credit agreement, so until you produce such an agreement, you may not do this.

I respectfully ask you to remove any default reference to my credit file.
The requirement for consent to share data is a clear requirement of the Data Protection Act 1998. Any such attempts to share my data without my consent will be met with a complaint to the Information Commissioner’s Office.

The time limits, which are laid down in the Consumer Credit (prescribed periods for giving information) Regulations 1983 are clear. You must supply an executed credit agreement within 12 working days of a proper CCA request. If you fail to comply with a legitimate request the account enters a default situation and if you fail to comply after a further 30 days you commit a criminal offence. You entered into default on the 22nd January 2008 and you will subsequently commit a criminal offence if you have not fully complied by the 23rd February 2008.

Therefore you have until the 23rd February 2008 to contact me with your intentions to resolve this matter which is now a formal complaint, otherwise your conduct will be reported to the Office of Fair Trading, the Financial Ombudsman and Trading Standards, Any investigation undertaken by them may affect your ability to offer credit in the future.


In summary, I will not be making any further payments to you until you provide me with the documents I have requested. Should you not have any signed credit agreement in relation to this alleged debt, please confirm this in writing to me.

I look forward to your reply

Yours Faithfully

[creditcardmug]

Update received letter from them this week

We have personally reviewed your account and feel it would be advantageous if we could have a discussion, first of all to clarify or confirm your present circumstances, but more importantly to explore all possible avenues to assist you.
Please call us blah

Have sent them this reply today

18th May 2008
HFC Bank
P.O. Box 1520
Collections Correspondence
Birmingham
B1 2PR






I DO NOT AKNOWLEDGE ANY DEBT TO YOUR COMPANY

Dear Sir/Madam

Re: = ACCOUNT IN DISPUTE

Thank you for your letter dated 8th May 2008, and I note that you wish to “assist” me and clarify my present circumstances.

Firstly, I have to inform you that I prefer all correspondence by post, in order to keep everything documented.

In my letter to you in late November 2007, I included an Income/Expenditure summary, prepared for me by CCCS (also sent to all other creditors at the same time) in this letter I asked that interest/charges be stopped, THIS HAS NOT HAPPENED, I would point out that many other creditors have done this. My circumstances have not improved since then, in fact my fixed expenditure has increased, i.e. council tax/insurances/food bills/fuel/energy/water etc.
To this end I will shortly be updating my I/E summary and sending all interested parties a copy.

To briefly outline my position in this matter.

• Following my request for a copy of my agreement with you, the document you supplied does not contain any of the prescribed terms, as required under the Consumer Credit Act 1974, therefore it is UNENFORCIBLE AT LAW.

• You were also required to provide me with a full set of statements from inception to date, THIS HAS NOT BEEN DONE.

• Since there is nothing in the “agreement which states you have a right to vary the interest rate, I suggest that the rate should have been the same all the way through.

If you wish to “assist me in this, I suggest:
You cease the penalty charges/interest.
You repay the charges and interest back to the account at least from November 2007.

I hope I have made my position clear, and look forward to hearing from you in writing.


Yours Faithfully


Will post up the app form asap

[lickthewallfatboy]

they are muppetry experts.....I sent them a letter requsting a point by point breakdown as to how the crap they sent me following a CCA request complies with the law.....

I'm still waiting for an answer

meanwhile 1st credit are attempting to put the frighteners on for the account


waste of time(theirs that is)

had to tell them where to get off last week-can't wait to see the reply!! LOL

[creditcardmug]

thanks lickthewall, i'm going to scan the docs in when i get the scanner fired up

[creditcardmug]

Here is the app. form as supplied,

[creditcardmug]

Scribbled bit at top is the acc. number written in pen

Any thoughts on this one folks?

[cashins]

You are having a busy day.

Don't think they will get far with that.

David

[creditcardmug]

Yeah i'm just doing a bit of catching up, i'm just thinking whats the point of arguing with them all the time, why not just wait for the inevitable court claim and then we will all discover whose right and whose wrong?

[cashins]

i'm just thinking whats the point of arguing with them all the time, why not just wait for the inevitable court claim and then we will all discover whose right and whose wrong?

Came to the same conclusion a while back with a couple of mine. Works on the principle:

The more they bullsh*t = The less they have.

David

PS: Divide the result by stupidity and the answer is zero.

[PriorityOne]

This is more or less the same as I received from HFC last year. It's an old microfiche application by the look of it and totally unenforceable.

You have to be very proactive with HFC though, or they'll go for legal proceedings when you cease payments (CCA default). Make sure you respond to all letters... and they'll probably flog it on to the bottom-feeders instead of trying to fight it out with you. Mine was eventually sold to Cabot....


Do they owe you more in charges than the balance on the account ? If not, then no worries with this.

[pt2537]

OR the other way is an application to the court under section 142(1) of the Consumer Credit Act 1974

take them to court before they take you

[creditcardmug]

Thanks all for your comments

[creditcardmug]

Another update on this, i have received today a Default Notice dated 29th Oct, and giving me until the 15th Nov to remedy....TWO DAYS BEFORE IT ARRIVED!!!

It arrived in a UKMAIL envelope with no date franking.

So a warning to others, they are quite prepared to break the rules.

[moneyworries]

Hello
I am in the same boat as you - I think you posted on a couple of my threads. The argument they used with me is that the form they sent you is documented as being "page one of four" and on the bottom of it there is reference to the form being sent back with the T&C's which are on pages 2,3 and 4. Marlin did not send me the rest of the pages but inferred that because they had sent me statements (which do include interest, balance, payment dates, limits etc) that this was enough as it is proof of an executed agreement....

I have written to them to say that I do not believe this to be an enforceable agreement but I reckon they will just send court papers as they seem to be a law unto themselves. I've not heard back for about a month or so now so I must be due another threatogram at least

[creditcardmug]

Originally Posted by moneyworries

Hello
I am in the same boat as you - I think you posted on a couple of my threads. The argument they used with me is that the form they sent you is documented as being "page one of four" and on the bottom of it there is reference to the form being sent back with the T&C's which are on pages 2,3 and 4. Marlin did not send me the rest of the pages but inferred that because they had sent me statements (which do include interest, balance, payment dates, limits etc) that this was enough as it is proof of an executed agreement....

I have written to them to say that I do not believe this to be an enforceable agreement but I reckon they will just send court papers as they seem to be a law unto themselves. I've not heard back for about a month or so now so I must be due another threatogram at least

Hi, and welcome to this madness, what ever they may say now at this point, what are they going to do once the matter is in court and you insist that,

1 The original agreement is brought into court at the hearing.

2 The Copy of the Original Default Notice complete with proof of posting is also brought into cour