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I wonder if ther is someone out there who can help me with a "situation" that has been developing with HFC?
Basically, I have a loan with HFC that I took out in March 2005 for 7 years from their branch in Fareham, Hampshire. I was advised that I could only have the loan if I also took out the single premium PPI.
In May 2008 I was made redundant and successfully claimed under the insurance for the max period of 12 Months. I am now working on a part time basis and my income has substantially reduced. I confirmed this to HFC and sent them a common Financial Statement prepared by CCCS offering a reduced payment, to which they have never replied or sent any correspondence whatsoever.
On 27th I sent to HFC a CCA request and to date I have not received a copy of my agreement. The 12 + 2 working days expires on 18th September.
I have now received from HFC a default sums notice for £50 for "agents costs" dated 28th August and also a default notice from Beneficial Bank for £470 (5 weeks arrears) dated the same date with a demand for payment by 18th September.
My question is this. Can HFC proceed with any action against me whilst a demand for a CCA request is outstanding? Alternatively, do I have to wait until HFC are in default of the request before they stop the threats, intimidation and demands?
Also, do you think that it is possible to make a PPI mis selling claim even though I have previously claimed under the policy?
Assuming that they are unable to supply the original agreement within time, should I send them the standard "serious default" letter or should I send a SRA to find out exactly what documents they have and what they have done?
Is it just pure co-incidence that they are serving Statutory demands on me to expire on the same day as my CCA request expires?!!!!
The CCA request expires on 17th September and I have still not received the copy agreement. Assuming that HFC will not reply, I have already prepared the "failure to provide a copy of the agreement" letter to send on the 18th.
well I bumped your thread in the hope that someone with expertise would come along, Yes they may take action against you.
If they try to use the county court route then you can use CPR to in order to have a copy of the original agreement.
Advice is based on my personal opinion, and what I have learnt from this forum.
If you need legal advice please consider consulting a lawyer.
The loan was taken out to consolidate various BNPL and HP agreements for electrical goods with Currys etc and I was gullible to fall for the "sales and marketting" call from HFC!
I was advised by their agent that I they would only accept my application if I also took out the single premium PPI.
A couple of years ago I sent a letter to HFC requested a refund of the PPI premiums and got a reply back stating:
"....as you work for a firm of estate agents and sell mortgages, you should be aware of how PPI works and therefore we are not prepared to consider your request for a refund"
My argument is that irrespective of this comment, it was made quite clear to me that I had to take the PPI in order to get the loan. I understand that HFC have previously been fined for misselling by the FSA for using this tactic to secure business. Am I correct?
I would really welcome any advice that you can give.
As expected, HFC failed to reply to the CCA request so I sent the "Account in serious dispute" letter using the CAG template on 18th September. HFC have to date not replied and, based upon previous experience, I do not anticipate that I will get a reply. However,yesterday I received a default notice letter for a £10.00 late payment charge.
Does anyone have a suggestion on a suitable reply as I understand that as the account is in dispute they cannot pursue the debt until they can provide a copy of the original agreement.
As expected, HFC failed to reply to the CCA request so I sent the "Account in serious dispute" letter using the CAG template on 18th September. HFC have to date not replied and, based upon previous experience, I do not anticipate that I will get a reply. However,yesterday I received a default notice letter for a £10.00 late payment charge.
Does anyone have a suggestion on a suitable reply as I understand that as the account is in dispute they cannot pursue the debt until they can provide a copy of the original agreement.
I did not receive a request for payment of the £10 charge, just the default notice. This was was on HFC headed paper.
Today, I have received a letter from Debt Litigation and Recovery Services demanding that i contact them within 72 hours to confirm when I will pay the full balance of my loan will failing which legal proceedings may be issued against me!
This letter refers to "Beneficiasl Bank" as ther client and they have written to me from the same address! Presumably they are just piling on the pressure.
I have still not received a reply to my CCA request and subsequent "account in serious dispute" letter (which expires in 8 days time). It appears as though HFC are ignoring these letters completely. Furthermore, I can't understand why are Beneficial Bank threatening action against me, I have never dealt with them in the past.
I would welcome any suggestions as to what I should do next?
I have today received a copy of my credit agreement with HFC, just within the 14 day deadline!
I will check agreement to see if it complies with Consumer Credit Act, but have already noticed that they have added life cover in addition to the PPI which I certainly did not agree to.
Looks like I will be making a claim for miselling in any event.
Following receipt of the credit agreement, it would appear as though the agreement complies with the CCA 1974 . However, in addition to a single premium PPI I also appear to have taken out a substantial amount of life cover and critical illness cover paying a single premium!
I was not aware that I had taken out these policies and I certainly did not receive any Key Features documents or illustrations. HFC have previously rejected my claim for a refund of PPI as they said that I "worked in the industry". However, by their reasoning they must realise that if this was the case then I would have taken PPI elsewhere! As for the life and CI cover, I DEFINITELY would have shopped around for the cheapest premium if I wanted this cover!!!!!!
I have now applied for a SAR so it will be interesting to see what they come back with. In the meantime, I have received a statutory demand for payment from HFC and the standard "pay up or we will take you to court" letter from Restons, solicitors. I also seem to have received correspondence from Beneficial Bank concerning the same loan!!
As I have previously claimed under the PPI policy when I was unemployed, I understand that I cannot argue that the policy was missold. However, I can request that the policy is cancelled and my loan payments reajusted. I can also claim misselling for the loan and CI policies. Is this correct?
"....as you work for a firm of estate agents and sell mortgages, you should be aware of how PPI works and therefore we are not prepared to consider your request for a refund"
What a load of tosh blimey are they getting desperate they have a duty to treat you the same as any other consumer the fact you worked in a building society has no bearing on any claim.
They may try and get out of paying because you had a claim, but this does not stop you from claiming as missold the fos has made a ruling on this in that if you had made a claim on the policy but it can be proved that it was missold the outcome would be a refund minus any moneys you have had out of the policy.
The Life Insurance and critical illness cover can also be treated as missold as you were unaware of these.
Have you sent of the account in dispute letter yet as it clearly is?
Although I fully agree with you about the PPI misselling I have read conflicting advice (moneysavingexpert.com) who have said that a claim would be unsuccessful although it would be possible to cancel the policy. I would certainly prefer to go for misselling, but will wait until I receive the SAR reply before deciding on the best way forward.
I have previously sent the "account in dispute" letter using the CAG template but this has not stopped HFC from issuing a default notice. I am also receiving letters from HFC, Beneficial Bank and Restons, solicitors all demanding payment for the same loan! Not sure who I should be corresponding with!!!!
HFC piles on the pressure
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Originally Posted by monkeymad1
. However, in addition to a single premium 