Thread: ihpj vs. HFC Bank (Marbles.com) - My Contribution

Dear All,

I have joined your ranks after some Google'ing and idle web surfing. Have spent the last few weeks lurking on the forum - reading up on people's experiences and doing my own homework before deciding to get stuck in!

However, before I start my own thread, I would like to say that I would in no way know my way around the CCA and be aware of these issues if not for The Gurus helping out and other people sharing their own experiences. So, in true homage: I am not worthy! I am not worthy! I am not worthy!

So, this is my story and how I have taken on HFC Bank / Marbles Credit Card. I hope by posting here not only shall I benefit from input but also encourage others to take the same journey on...


Background:

Been a Marbles Credit Card Customer since 02/2000 - never missed a payment, never late, always paid on time and used account responsibly. Have NO isues with DCAs/CCJ/default EVER - but I have decided to take them on [with your help!] ...

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Now, thanks totally to these forums, I am not worried by the response received from HFC - as I beleive what they ahve provided is only an application, lacks the prescribed information, and does not comply with the original CCA request.

Consequently I sent the following reply to them, again 1st Class Recorded:

------------

I DO NOT ACKNOWLEDGE ANY DEBT
TO YOUR COMPANY

Dear Sir/Madam,

Re: Credit Card Acct. # / Your Ref.:

I write with regards to your letter dated 2nd December 2008, in response to my formal request exercising my rights under the Consumer Credit Act s(77/8 ).

You are no doubt aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before you enter into a default situation. As this request was made in writing and correctly on Friday 14 November 2008, this period has now lapsed.

I regret to note that, by supplying a copy of a priority application and confirming brief details in your covering letter, you believe these satisfy the requirement. As I am sure you are aware that Consumer Credit Act s(60)(1) and s(61)(1) are very clear in their description of what does conform – and the priority application is just that – an application – and does not contain the required prescribed terms as specifically laid out under these sections. Therefore what you have provided does not comply with the requirements of the Consumer Credit Act. Consequently it is improperly executed and becomes wholly unenforceable, even in a Court of Law – and this will be deemed a complete defence to any Court action that you may consider taking.

I remain mystified as to why you have not forwarded the required information in the first instance and come to the conclusion that no such agreement actually exists. The absence of a correctly executed credit agreement is a very clear legal dispute and any legal action you pursue will be averred as both unlawful and vexatious and I shall counterclaim that any such action constitutes unlawful harassment.
 
The Consumer Credit Act s(77)(6) is quite clear on this point:

If the creditor fails to comply with Subsection (1)
(a) He is not entitled, while the default continues, to enforce the agreement. And
(b) If the default continues for one month he commits an offence.

Consequently, while we remain in dispute:
• You may not demand any payment on this account, nor am I obliged to offer any payment to you.
• You may not add any further interest or charges to this account.
• You may not pass this account to any third party.
• You may not register any information in respect of this account with any of the credit reference agencies.
• You may not issue a default notice related to this account.

…and the Consumer Credit Act is clear that a default can only be issued for breach of a valid, regulated agreement. If there is no regulated agreement, as appears to be the case, then you cannot issue a default as I have not breached any valid, regulated agreement.
On the advice of the Financial Ombudsman, I am now requesting a final decision in this matter from you. Should this decision not meet with my satisfaction, then I will pursue the matter both through the Courts and Ombudsman. The maximum timescale for you to give a final response to any complaint is eight (8 ) weeks. This time runs from the date of my original complaint, in this case that is the request for a true copy of the credit agreement. Therefore, you must provide me with a final response in this matter, including your proposed actions for this account, no later than Friday 9th January 2009.

In closing please consider this letter as a statutory notice under the Data Protection Act s(10) to cease processing any data in relation to this account with immediate effect. This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies on the grounds that the processing, or continued processing by you of the said data, will be likely to affect my credit rating and my reputation and cause substantial damage and/or distress to me and my family members; and that as the processing of the said data in the way referred to in this notice would violate the fourth, first and sixth principles of The Data Protection Act 1998, to do so would be unwarranted. I will also ask any Court to order production of the document that you will be relying on as proof that a properly executed agreement, complying in all respects with the form and content requirements of the Consumer Credit Act was signed by me in respect of this alleged debt.

Should you refuse to comply, you must within 21 days, provide me with a detailed Breakdown of your reasoning behind continuing to process my data. It is not sufficient to simply state that you have a ‘legal right’ – you must outline your reasoning in this matter and state upon which legislation this reasoning depends. Should you not respond within 14 days I expect that this means you agree to remove all such data.

Yours faithfully,
[My Printed Name]

Now I cannot and DO NOT take any credit for my letter in reply, this was taken from the contributions made by OTHERS (RedSue in particular) on this forum and I thank them ALL for their form of words and time taken to draft a response.

I expect HFC to come back and assure me that what they have already submitted is in full compliance with the CCA request and that I am now going into default etc. - followed by the highlight of this chain of events is the contact from a DCA

Any advice, feedback, comments welcome - I hope I have follwoed the advice on here correctly and should now start hunkering down for a battle

Just to let you know what they will respond with - they will tell you that what they have provided is the credit agreement, and they will refer you to the box that says 'This is a credit agreement under cca, sign only if you are bound by its terms' etc...

Having done more reading and research around this sort of topic, I am keen to avoid any unneccessary down time - so should I be writing to the fos and TS now or should I wait?

I appreciate that formally approaching these bodies might be anything less than useful, but atleast another formal complaint will be lodged and cause inconvnience to HFC.

What do we think?

Still nothing from HFC/Marbles. Not sure if I should be concerned/ worried :P

Anyhoo - I guess they fall into criminal default 30 days after the 12 working day period has elapsed. My question is, does them falling into such default give me any leverage? I know I can officially complain to the OFT/fos etc. etc. but does it make any real practical differnece to me?

I'm guessing that they're moving me straight to a default situation and passing on my 'debt' to a DCA - which would be fiun - or ... well who knows what they may be thinking. Will update when I hear back!