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Hi can you help me please. I am trying to claim back charges on a loan I had with HFC in dating back to 2002, fos can not help and suggested I try FLA. The FLA have written to me with a reply from HFC stating the following:
Default charges are payable if customers do not make the required minimum payment by the due date, if they exceed their credit limit, or if the payment is returned unpaid. The amount of these charges, and the circumstances in which they are applied, is set out clearly in HFC Banks credit agreements. We believe that HFC Banks charges to customers are fair and reasonable.
In April 2006 the Office of Fair Trading published the findings from its enquiry into default charges payable in repect of credit card accounts. HFC Bank has carefully considered the OFTs publication but does not accept the principle that its findings apply to Mrs XXXX type of account."
They go on to say that they are not prepared to refund any of the charges. The FLA await my reponse. Is there anything else I can do or am I flogging a dead horse here?
I don't consider myself an expert, but I think you can claim default charges back. Do you have all the details of penalty charges? If not, send them a Subject access request under the Data Protection Act. You will find a template letter in the template section of the site. You will need to send a cheque or postal order for £10.00 with it. THey have 40 working days to supply you with ALL the data they hold on you. When you get them you can start the process of claiming it back (with interest).
I am sure someone with a bit more knowledge than me will be along soon to confirm this.
Not an expert but here's what think. This loan isn't regulated by the fos but the FLA, so can't use the FOS route to complain.
However, assuming that can still claim charges are unfair as per Unfair Terms in Consumer Contracts Regulations 1999 and you could still theoretically take them to court. I'm assuming this still applies because even though it's not regulated by the FOS there still exists a contract between you (consumer) and HFC (supplier) and you are stating the charges are unfair in accordance with these regulations.
So you can still go through the usual route of trying to reclaim charges. Just means you can't take your complaint to the FOS but you can still threaten them with court.
Your first step as advised is to issue the Subject access request letter in accordnce with Data Protection Act. You enclose the statutory fee of £10 and they give you details of your account including all charges. The link below is to all the letters on the forums, they're in order so you send your Subject access request letter, then your preliminary approach for repayment etc.
As say might be way off mark here as not an expert. However as an afterthought, might want to check out the Unfair Terms in Consumer Contracts Regulations, you'll be better placed to decide if the charges applied in your case might be considered unfair.
Jessie V HFC Bank
can not help and suggested I try FLA. The FLA have written to me with a reply from HFC stating the following:
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