me vs hfc bank/lewis

[caigey]

Hi i had an old credit card with a company HFC Bank which was at £250 now i have a company Lewis Debt Recovery chasing me for £756 so over £500 of this must be charges. I sent a CCA to Lewis and got this Reply

We refer to your letter dated 12 March and note your request.

We would like to confirm that this account is not subject to an assignment. We are not the creditor, nor are we the data controller, we therefore suggest that you submit your request to the company concerned, HFC Bank Ltf.

This account was passed to us on 2nd march from HFC Bank to collect payment of the outstanding balance. The account will be held for a period of 21 days in order for you to obtain the relevant documentation from HFC Bank. Upon receipt of the documentation, please forward payment to this office to prevent any further action.

I phoned up HFC to ask about the charges i told them im going to claim them back as they are unlawfull but they told me i have to send the letter to Lewis as they are now dealing with the account and that the charges will still apply as i knew what they would be when i signed the original aggrement the charges where £25 each for late payment and overlimit so that was £50 per month and it was there charges that put me over the limit.

How will i go about this im waiting on my statments coming from HFC but who should i send the claim to HFC of LEWIS. PLease help

Thanks

[pmhcfc]

Originally Posted by caigey

Hi i had an old credit card with a company HFC Bank which was at £250 now i have a company Lewis Debt Recovery chasing me for £756 so over £500 of this must be charges. I sent a CCA to Lewis and got this Reply


I phoned up HFC to ask about the charges i told them im going to claim them back as they are unlawfull but they told me i have to send the letter to Lewis as they are now dealing with the account and that the charges will still apply as i knew what they would be when i signed the original aggrement the charges where £25 each for late payment and overlimit so that was £50 per month and it was there charges that put me over the limit.

How will i go about this im waiting on my statments coming from HFC but who should i send the claim to HFC of LEWIS. PLease help

Thanks

If Lewis don't own the debt then it's a no-brainer...Claim goes to HFC..BTW,,NEVER phone these people, everything in writing! The account is in dispute anyway, so Lewis can go sing for any payments.

[Phonesurgeon]

hiya i ve got the same with lewis and hfc.
Lucky you got a reply... i sent a Subject Access Request to hfc bank and a cca to lewis and heard nothing.
Lewis defaulted... hfc time is running out

[lookinforinfo]

If Lewis did not refund your £1, write back to them pointing out that as they
have accepted, the payment, the clock is ticking. Advise them that the law
does not recognise their time limit of 21 days, the time is governed by when
the CCA is complied with.

It is usually better not to advise companies of your intentions to reclaim
unlawful charges since it may give them time to preempt your claim by
hauling you into Court, and as you have no proof of your phone call.........
which is one reason all contact is in writing.
Send HFC an Subject Access Request so that you can work out how much the actual debt is.
As you said it is an old debt. any charges imposed more than six years ago
will be unlikely to be included in your Subject Access Request.

[caigey]

Hi i got a letter back in today about this cca they sent me some statments and a form with my signatue on it that says application for beneificial mastercard and it has my name address and bank detail on it down the bottom i have signed it where it says This is a credit agreement but i thought the agreement should have all the terms on it and such?
am i wrong is this the right agreement they have sent back or just an app form im not sure
thanks for any help

[caigey]

bump

[ladybird17]

it sounds very much like an application form - if the prescribed terms aren't on it - then it's not an agreement. Do you have a scanner so you could post it up on here?
When you say you hve signed it where it says This Is A Credit Agreement does it say anything like "As regulated by the Consumer Credit Act 1974"?

[caigey]

Hi i finnally got round to scanning this doc they sent back is it the agrement or just the application? thanks

[tiglet]

If that's all they sent you, then it's an application form, not a credit agreement.

[caigey]

yea thats all they sent along with a couple of statments and a leaflet with a copy of there terms and conditions.

[tiglet]

Nothing with APR/interest rates or anything liek that? No figures at all?

[caigey]

There is nothing at all on the form i signed with figures or anything like that.
They inclosed a leaflet along with that form i signed that has all the figures on it like charges and apr
does that count or should it all be on the one i signed?

im going to send them a Subject Access Request next because this account they say i owe 750 but it only had a 250 credit limit i missed a couple of payments and they put me over limit and started to charge me £25 a month for overlimit and £25 for missed payment. If i count up they charges plus interest i dont probably owe them anything .

[tiglet]

Yes, probably good idea to Subject Access Request them - although this doesn't look like a complete CCA, perhaps someone with a little more knowledge will come along and help.

[caigey]

yea can anyone else confirm if this is a agrement or an app form