Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
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ok my goal is to reduce payments to a HFC credit card account due to ill health of me mumzey (parkinsons) and she is retiring in July and she will be only getting 26 a week pension coz she hasnt been paying stamp.
sorry for all the images, it lot easier that writing it all up. enjoy the read
I would say personally that you are one step away from the 'we write off this account as irrecoverable under the CCA 1974'.
They have admitted they don't have the original agreement and i think you should strike whilst the iron is hot! The longer you leave it and continue to go round in circles (which is what they will try to do) the longer it gives them to find the documentation or to 'reconstruct' one later on.
It's easy for someone else to suggest Court when you are not doing it yourself but i think an S10 is just going to be ignored.
Their thoughts that because you have paid towards the account at some stage in the past as being good enough 'evidence' that you acknowledged the account previously is hogwash and has nothing to do with your legal right to a properly executed agreement and was the same response i had from the CRAs in that merely paying towards an account in the past was enough proof to show you had signed 'something' at 'some point'.
-Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -
HFC Bank - Davey vs HFC
Barclays - Monthly payments made
Cahoot - Agreement received, awaiting 2nd agreement after DCA.
MBNA1&2 - Agreements received. (Currently in limbo)
Halifax - Davey vs Halifax/Cabot
MINT - Davey vs Mint
Amex - Davey vs Amex Cap1 **WON** £1,500 Written Off Davey vs Cap1
ooops left me mums surname in couple of letters, not to worry,
read one from them dated 2nd october headed without prejudice notifying that they intend to default.
weird. what they saying that they going to default me mum and will not go to court about it, SO even tho they not got an agreement of any description they dont have the legal right to default her and they WONT go to court about it,
how do you think this will stand?
still think an s10 is the next step, and whilst that letter was dated in october and had another since saying they gonna default but 4 months on they still have not defaulted her yet
If my advice has been helpful please feel free to click on my scales :grin:
Are you sure a default hasn't been registered? May not have received the default notice in writing but could still have informed the CRAs anyway? (They do that quite often i'm told!)
without prejudice means they didn't want the detail of that letter to be used in Court at any later date. I would have expected to see the 'without prejudice' on the "we cannot supply you with your agreement" letter. Not on the Default letter which suggests they knew they couldn't lawfully register a default perhaps all along?
In any event, without an agreement no default can be registered as without the permission to process date (which would be included on a properly executed agreement) they cannot do so.
It's already been stated to them that they cannot process the data without an agreement and they are ignoring that so i feel a formal S10 will (in my experience) either be ignored or replied with the "we can do what we like" letter. By all means send the S10 if you feel though. It will only add weight to your argument/case but i do believe that, in 6 months time, you'll come to the conclusion that the same things are being said (no agreement, cease processing etc) and the same response is coming back. Probably by then through a DCA (who never co-operate or listen).
If you send a S10 i would stick to your own time scale and give them 14 days (or whatever). Keep the pressure on them. I truly believe they are currently in a very weak position on this one.
-Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -
HFC Bank - Davey vs HFC
Barclays - Monthly payments made
Cahoot - Agreement received, awaiting 2nd agreement after DCA.
MBNA1&2 - Agreements received. (Currently in limbo)
Halifax - Davey vs Halifax/Cabot
MINT - Davey vs Mint
Amex - Davey vs Amex Cap1 **WON** £1,500 Written Off Davey vs Cap1
Id remove any personal details... they say the MIB are watching this site constantly!
-Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -
HFC Bank - Davey vs HFC
Barclays - Monthly payments made
Cahoot - Agreement received, awaiting 2nd agreement after DCA.
MBNA1&2 - Agreements received. (Currently in limbo)
Halifax - Davey vs Halifax/Cabot
MINT - Davey vs Mint
Amex - Davey vs Amex Cap1 **WON** £1,500 Written Off Davey vs Cap1
thats the way i see it. they have threatend to default TWICE now BUT as of yet NO "notice of default" has been received.
their letter dated 7th feb an example IF YOU DO NOT RESPOND we default you, so i wrote back with letter dated the 8th so in context I responded, which takes it to last letter ended up with "final responce"
theres no point bringing fos into it as I doubt very much anything will be done.
I actually want the default notice to come so i can send it off with their letter saying they have no credit agreement to the CCA's.
have thought about the write it off letter but again wont get any where as it 7.5K,
need to send letter off any way "I no longer acknowlege this debt" but will wait for PT to look at thread, i got ideas on what to do BUT I just wanna make sure I don't slip up anywhere
If my advice has been helpful please feel free to click on my scales :grin:
This look familiar? Notice the lack of 'without prejudice' also. I think they knew their position at that time and also your letter (as did mine) contravenes OFT debt collection guidance in asking for payment in excess of what would be reasonable and fair etc:
-Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -
HFC Bank - Davey vs HFC
Barclays - Monthly payments made
Cahoot - Agreement received, awaiting 2nd agreement after DCA.
MBNA1&2 - Agreements received. (Currently in limbo)
Halifax - Davey vs Halifax/Cabot
MINT - Davey vs Mint
Amex - Davey vs Amex Cap1 **WON** £1,500 Written Off Davey vs Cap1
Glad to see you are putting up a excellent fight on behalf of your mum.
Do not believe a word that hfc tell you. I have experience of them.
Have you checked your mum's credit report, just because they don't send it to you, does not mean they have not defaulted the account. They should send one, but when you ask for a copy of it, they will state that the don't have a responsibility to retain it and will send you a template of what it would have looked like
They are dreadful and their tactics are underhanded and despicable
If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW
Glad to see you are putting up a excellent fight on behalf of your mum.
Do not believe a word that hfc tell you. I have experience of them.
Have you checked your mum's credit report, just because they don't send it to you, does not mean they have not defaulted the account. They should send one, but when you ask for a copy of it, they will state that the don't have a responsibility to retain it and will send you a template of what it would have looked like
They are dreadful and their tactics are underhanded and despicable
ok, i'll check it out via credit expert, might have to wait a week coz she away with dad for a week to recharge her batteries a bit
If my advice has been helpful please feel free to click on my scales :grin:
Get those CRA files ASAP with all three CRAs.. if HFC have defaulted the account without sending a formal default notice then you can go to the ICO and also send a copy of the letter admitting they don't have an agreement to the CRAs and demand they remove that information or face Court action for libel!
-Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -
HFC Bank - Davey vs HFC
Barclays - Monthly payments made
Cahoot - Agreement received, awaiting 2nd agreement after DCA.
MBNA1&2 - Agreements received. (Currently in limbo)
Halifax - Davey vs Halifax/Cabot
MINT - Davey vs Mint
Amex - Davey vs Amex Cap1 **WON** £1,500 Written Off Davey vs Cap1
-Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -
HFC Bank - Davey vs HFC
Barclays - Monthly payments made
Cahoot - Agreement received, awaiting 2nd agreement after DCA.
MBNA1&2 - Agreements received. (Currently in limbo)
Halifax - Davey vs Halifax/Cabot
MINT - Davey vs Mint
Amex - Davey vs Amex Cap1 **WON** £1,500 Written Off Davey vs Cap1
Get those CRA files ASAP with all three CRAs.. if HFC have defaulted the account without sending a formal default notice then you can go to the Information Commissioners Office and also send a copy of the letter admitting they don't have an agreement to the CRAs and demand they remove that information or face Court action for libel!
ok dude, i'll get letters drawn up today/2moz to go on monday
If my advice has been helpful please feel free to click on my scales :grin:
HFC and my mum
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-Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -
Originally Posted by davey77
