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Hi
I wonder if anyone has any advice for me re HFC/Benifical... my story is long but interesting:
I got a loan out with Benifical years and years ago, (now transfered over to HFC) and believe it or not i am still paying it, a couple of times in the past few years i have offered them a settlement payment which both times they have refused and said i have to pay back the whole amount borrowed.
At the begining of the year i got into financial hardship and had to write to all my creditors to arrange reduced payments and also CCA's them, I knew that HFC would not have a copy of my CCA as i said it was many years ago i took out the loan, they wrote to me to say they didnt have one but they still hold me responsable for the amount oweing. I have sent them a letter to say the account is in dispute and i will not pay another bean (in not so many words) until they can come up with my CCA, in the mean time i am getting on average 6 calls a day on my mobile which i ignore (I have sent an phone call harrasment letter) and i have now had a call from Benifical and they sent me a letter to say they are sending someone round to talk to me about my financail problems as they have not been able to get in contact with me.
Now in all fairness the amount owing to them is a very small amount but they still choose to harrass me.. Can someone advise me as to what i can do about them coming to my house? Also what is the next step I have told them they are not going to get another payment from me but they still choose to ignore my letters. Also i have acually only missed 1 payment.
Stick this in a letter. Also I would print a copy of the letter containing the below info and leave it near your door and if someone comes around pass it through the letter box and say c'ya.
Also if they ring don't speak to them and don't answer the security questions at the begining of the call. Say: "by letter only" and hang up.
I sent them something similar to this:
You have recently threatened the following to me in telephone conversations, which I might add were recorded, dated and noted in a diary; 1. Selling the debt to another collections company, 2. The threat of taking me to court, 3. Doorstep collections; and I must at this point strongly advise against you taking any of these actions against me as this account is in dispute and will be in dispute until you have resolved the issues surrounding this debt you say I owe to you.
Furthermore, should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make such an appointment with you. There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v Sheppard & Short Ltd [1959] 2 QB 384. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and, if you do so, you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.
Also if they don't have a CCA then they cannot enforce the debt so you haven't got to pay them a penny so I would cease to do so with immediate effect. You tried playing ball and they didn't help you out by the sound of things.
If they keep ignoring your letters and keep harrassing you then you are going to have to get tough and contact your local trading standards I think (not 100% accurate on this) and with other authorities, maybe even the police if they are really stressing you out (not 999). Have a look on this site for who to complain to to get the best result's.
Thanks for your replies and great letter thanks, I have only had 2 phone calls from them today so im hoping they have now recieved the harrasment letter.
And will definitly be sending the letter off to them about the doorstep calls, if that dont work i dont know what will
Just remember don't EVER speak to them over the phone i don't anymore and just look forward to putting their threatening letters in the bin.
If they keep calling go here: http://www.consumeractiongroup.co.uk...tion-plan.html
I got a letter today from them to say that they have reviewed my complaint and after reviewing it they still hold me responsable for the debt and even though they do not have my origanal CCA they have sent me the latest version and they have also sent me statements and this as far as they are concerned is enough. They said i obviously reconise the debt as i have been writting to them and replying to the letters they have sent and i have been paying them every month for god knows how many years.
They have said i will no longer get any phone calls but they expenct me to pay up, and this is the last i will hear from them basically they say that this is the end of the dispute if i dont pay i will still incure charges and interest and they will still add information to my credit file.
The debt is such a small amount but out of princaple i dont want to give up. What do i do now, if i send them another letter will they just ignor it and keep adding charges to my account? Would they even dare add a defult to my credit file or take me to court would they have a leg to stand on.... im feeling a bit stressed out about this one i though out of all of them being the smallest debt it would be the easiest but its the worst one. :cry:
Thanks
My Story HFC/Benifical
and i will not pay another bean (in not so many words) until they can come up with my CCA, in the mean time i am getting on average 6 calls a day on my mobile which i ignore (I have sent an phone call
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