revenge is sweet-v-hfc

[hellhasnofury]

Hello,

In the process of sorting out my finacial situation. Out for revenge on the companies which made my life a living hell last year, when I was having financial difficulities. They all took a pound of flesh and left me with defaults and extra charges, some of the amounts have gone up by £500.

I have been paying hfc via a dma every month for the last year. hfc sent me a default notice back in May 2006 and this shows on my credit file. I received another default notice from them last week (strange defaulted X2)

I have been picking through my creditors one by one so as not to get confused. I thought I would get to this one quite soon, but I had a telephone call from them yesterday, tell me that they need more money from me (which I do not have) or they are going to put a charging order on my house.(scaring tactics) So now the battle begins.

Letter of tomorrow for Subject Access Request and CCA request. Hopefully this will put the account in dispute for a while.

Any advice please

[Scooby_Doo2]

Complain, complain, complain!!

If someone threatened me or my wife over the phone and said they were going to put a charging order on my house, I'd be fuming!

Obviously, it all depends on the context in which it was said, but I imagine it was a threat to get you to pay money you simply do not have. These tactics are in breach of the FSA's Principles for Businesses and the Banking Code of Conduct and you should complain on this basis.

They are in breach of Principle 6 of the FSA's Principles for Businesses (A firm must pay due regard to the interests of its customers and treat them fairly) and also contravene the 4th Key Commitment of the Banking Code (We will deal quickly and sympathetically with things that go wrong and consider all cases of financial difficulty sympathetically and positively).

In order for an application for a charging order to be successful, HFC would have to prove that you have no intention of repaying the debt. If you make at least token payments, that proves your intent to repay.

Ultimately, if you don't have the money to pay, you can't pay. Then you should seek advice from the Citizen's Advice Bureau or from the Consumer Credit Counselling Service - both of which are free.

If you use a debt management company, they will charge you a fee, which in my opinion is outrageous considering you have enough financial pressures already.

If HFC have defaulted you twice, they have likely charged you £50 for each default (this should show up on your Subject Access Request). They classify the charge as "Legal Fees" yet no legal action has even commenced at this stage. I would question the legality of a fee where no obvious cost (other than postage) has been incurred.

[hellhasnofury]

Originally Posted by Scooby_Doo2

Complain, complain, complain!!

If someone threatened me or my wife over the phone and said they were going to put a charging order on my house, I'd be fuming!

Obviously, it all depends on the context in which it was said, but I imagine it was a threat to get you to pay money you simply do not have. These tactics are in breach of the FSA's Principles for Businesses and the Banking Code of Conduct and you should complain on this basis.

They are in breach of Principle 6 of the FSA's Principles for Businesses (A firm must pay due regard to the interests of its customers and treat them fairly) and also contravene the 4th Key Commitment of the Banking Code (We will deal quickly and sympathetically with things that go wrong and consider all cases of financial difficulty sympathetically and positively).

In order for an application for a charging order to be successful, HFC would have to prove that you have no intention of repaying the debt. If you make at least token payments, that proves your intent to repay.

Ultimately, if you don't have the money to pay, you can't pay. Then you should seek advice from the Citizen's Advice Bureau or from the Consumer Credit Counselling Service - both of which are free.

If you use a debt management company, they will charge you a fee, which in my opinion is outrageous considering you have enough financial pressures already.

If HFC have defaulted you twice, they have likely charged you £50 for each default (this should show up on your Subject Access Request). They classify the charge as "Legal Fees" yet no legal action has even commenced at this stage. I would question the legality of a fee where no obvious cost (other than postage) has been incurred.

Hello scooby,

Many thanks for your advice, My story is like so many others, but this site is great for boosting you up for the fight.

I am using payplan, they are great and they are free. Yes I also agree that there are companies that also rip off people, claiming to help and taking more of their money instead of giving it all to the creditors. A bit like these companies now who will get your bank charges back. I got an e-mail from one of these companies no win no fee tactic and I filled out the application form and sent them a message telling them that they were the lowest of the lowest, bunch of blood sucking parasite etc, etc. I am sure you get the tone

Anyway will wait now for my Subject Access Request and see if they come up with the credit agreement. I will be writing a letter of complaint to them. Do you have any more quotes to speel at them

If they phone me again I might give a response like this. Found it on one of the other thread.
http://www.youtube.com/watch?v=Yj2oXMdZ4sk

Ta again.

[Scooby_Doo2]

Oh my God - that BT call is hilarious!!! I loved the way the sales guy still tried to make a pitch despite the torrent of abuse, only to get shot down again!

As for your letter, I'd try to keep the speel to the bare minimum. Being in breach of any of the Principles for Businesses is bad enough. The FSA has had a huge clamp down on Principle 6 though - Treating Customers Fairly. Several big name firms have been fined over their miss-selling of PPI. Some examples of these are:

GE Capital - £610,000
FSA fines GE Capital Bank

Capital One - £175,000
FSA fines Capital One for PPI sales failures


Just some food for thought

[hellhasnofury]

Originally Posted by Scooby_Doo2

Oh my God - that BT call is hilarious!!! I loved the way the sales guy still tried to make a pitch despite the torrent of abuse, only to get shot down again!

As for your letter, I'd try to keep the speel to the bare minimum. Being in breach of any of the Principles for Businesses is bad enough. The FSA has had a huge clamp down on Principle 6 though - Treating Customers Fairly. Several big name firms have been fined over their miss-selling of PPI. Some examples of these are:

GE Capital - £610,000
FSA fines GE Capital Bank

Capital One - £175,000
FSA fines Capital One for PPI sales failures


Just some food for thought

Hello,

Got at letter re my Subject Access Request, they begger belief

They want a copy of my driving licence or passport before the can sent all the data. Didn't need any proof when they sent me my 2 default letters. Make you laugh don't they.
I will send them a copy just to speed things up, but will discuss there stalling tactics in my letter of complaint to them

[Scooby_Doo2]

Originally Posted by hellhasnofury

Hello,

Got at letter re my Subject Access Request, they begger belief

They want a copy of my driving licence or passport before the can sent all the data. Didn't need any proof when they sent me my 2 default letters. Make you laugh don't they.
I will send them a copy just to speed things up, but will discuss there stalling tactics in my letter of complaint to them

As far as I am aware, there is no requirement for you to provide your ID. So long as the data they send is being sent by recorded delivery to the home address they hold (which would already have been verified when you opened your account as part of their Know Your Client - KYC - procedures), then they do not need this information from you.

I'm not 100% sure, so you may want to check with the Information Commissioner's Office. It's odd that your bank don't need a copy of your ID everytime they want to send you your current account statement and I can't think of any financial information that is more personal than that....

[hellhasnofury]

Originally Posted by Scooby_Doo2

As far as I am aware, there is no requirement for you to provide your ID. So long as the data they send is being sent by recorded delivery to the home address they hold (which would already have been verified when you opened your account as part of their Know Your Client - KYC - procedures), then they do not need this information from you.

I'm not 100% sure, so you may want to check with the Information Commissioner's Office. It's odd that your bank don't need a copy of your ID everytime they want to send you your current account statement and I can't think of any financial information that is more personal than that....

Hello Scooby,

I know that they do not required this information to send me the info, I have read that mbna do it as well, I feel that it is a stalling tactic, just another hurdle we have to jump, to get what we legally have the right to have.

I will play their game, but send a covering letter stating my amusement at their ploy.

What makes me laugh, it that they have given me a 2nd class postage return envelope, to send it back in. I would have thought the way they were acting I would need Securicor

[hellhasnofury]

Hello,

Bit down today, received a letter from Reston Solicitors, they have been instructed by HFC to claim immediate payment of the balance of

Default balance £8,246.01
Collection charge£1,374.60
Total Due £9,620.61

I now have till sunday the 29th to pay or they will take me to court. I have been making monthly payments via payplan for the last year.

What do I do now I know that there will be unlawful charges in the balance. I have not yet received my Subject Access Request or CCA request, they have as yet not defaulted on these.

I am totally at a lost now

Any advice please

[angel49]

Hi HHNF
Surely they cannot do anything whilst the account is in dispute? Sorry you feel down, but you know you have lots of support on here.
So chin up and forward into battle...........
All the best.

[xipetotec46]

I am totally at a lost now

Any advice please

[/quote]

Phone them and tell them to hang fire for 28 days, tell them you have a claim for illegal bank charges going through, and they can take the money from the claim, but that you will again claim for any unfair charges including their solicitors costs because if the default balance includes unfair bank charges then they are out of order especially as you are reducing the charges, I am claiming money back for my nephew but he also owes them £1400 I have informed LLoyds TSB to take the £1400 out of the charges but they said they can't do that, so i asked them to hold the harrassment for one month, they have agreed, heard yesterday that the bank has not acknowledged the claim with the court after 14 days so they are in default, sent in for judgement same day they will receive it today. but they still can appeal.

[Karne]

Hey

I had HFC call a loan in on me once it was with cccs. It did take them 6 months to get the claim in so although it appears retalitory it may not be.

I have a thread somewhere Karnevil v HFC (Won) I'll dig it out

anyway upshot after everything I had the collection charge and unfair charges removed from the balance and earned a CCJ ordering I pay at the same amount each month as I was paying through my DMP with CCCS - and a charging order on my house.

Just thought it might help to know

If I find a link I'll give it you but search on restons on her and you'll find a few with similar.

HTH

Karne
x

[Karne]

http://www.consumeractiongroup.co.uk...hlight=restons

my thread

still do a search on restons though to read some others.

You arent at that stage yet and if the charges you are claiming are from the same loan then yes the account is in dispute and they shouldnt take court action - but you need to write and tell them to hold for the dispute to be resolved, also reiterate your payplan details to them.

[hellhasnofury]

Originally Posted by Karne

http://www.consumeractiongroup.co.uk...hlight=restons

my thread

still do a search on restons though to read some others.

You arent at that stage yet and if the charges you are claiming are from the same loan then yes the account is in dispute and they shouldnt take court action - but you need to write and tell them to hold for the dispute to be resolved, also reiterate your payplan details to them.

Hello Karne,

Thanks so much for your advice. Will do

[hellhasnofury]

Hello,

I rang up Restons at their request to discuss the account. I spoke to a young ignorant woman with a very rude attitude. She was totally unhelpful and rude and I was non the wiser after the conversation. She would not have dared to speak to me like that face to face. Who do they think they are. I am a great believer that what goes around comes around. So I may gloat on that one for a bit.

Anyway I have sent them a letter to put the account into dispute. I hope that I have not done this in haste


Reston Solicitors Ltd
Trinity Chambers
800 Mandarin Court
Centre Park
Warrington
WA1 1GG
26th April 2007

Dear Mrs xxxxx
Reference: xxxxxxxxxxxxxxx
Thank you for your letter 23rd April, 2007.

Please note. I am now initiating investigations with HFC Bank Limited into the validity of the original amount that was claimed to be owed due to possible excessive charges and the fact it appears I have been defaulted twice for the above account. In the meantime please be aware that I consider this matter to be “in dispute”.

On11th April 2007 they were posted a Data Protection Act 1998 Subject Access Request, I am still waiting for the reply.

HFC Bank Ltd has been accepting £43.84 per month via payplan for a approximately 1 year, the last being cashed in April 2007.

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

At this time I do not recognise your claim including the collection charge.

Yours sincerely




Pleas will someone tell me I have done the right thing

[Karne]

Hmmm Okay. Theres nothing wrong with your letter I might have included a formal request for the original credit agreement under the CCA Actually I'd be tempted to do that as well now. You've done the Subject Access Request, the account in dispute and now you need to get the CCA request in.

If it does get to court you'll want to have it so may as well do it now.

And no I wouldnt both calling - it wasnt H.M you spoke to was it ?

They will probably ignore you anyway but at least in writing you have proof of your communication to try and sort it out