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taken to court by HFC/restons... **case dismissed** now marking CRA file again


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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.

 

What now?:confused:

Thanks

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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.

Edited by KevMall

VICTORIES TO DATE THROUGH THE HELP OF THIS SITE:

 

1. Littlewoods Catalouge - No pursual of debt & wrote off £4500

2. Three mobile - Debt written off in full, all adverse entries including default removed from credit files, even got an apology from the Chairmans office

3. HSBC Bank - Partial refund for bank charges & claim lodged at court for outstanding charges.

4. HFC Bank - Ongoing - SAR'd in may- Going to register at court for non compliance.

5. Barclaycard - Being very awkward but Ongoing - These are a tricky bunch but they will fold before I do.

 

GOD BLESS CONSUMER ACTION GROUP!

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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.

VICTORIES TO DATE THROUGH THE HELP OF THIS SITE:

 

1. Littlewoods Catalouge - No pursual of debt & wrote off £4500

2. Three mobile - Debt written off in full, all adverse entries including default removed from credit files, even got an apology from the Chairmans office

3. HSBC Bank - Partial refund for bank charges & claim lodged at court for outstanding charges.

4. HFC Bank - Ongoing - SAR'd in may- Going to register at court for non compliance.

5. Barclaycard - Being very awkward but Ongoing - These are a tricky bunch but they will fold before I do.

 

GOD BLESS CONSUMER ACTION GROUP!

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Hi KevMall

 

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.:rolleyes:

 

And will definitly be sending the letter off to them about the doorstep calls, if that dont work i dont know what will :D

 

Thanks again

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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/forum/debt-collection-industry/99376-telephone-harassment-action-plan.html

VICTORIES TO DATE THROUGH THE HELP OF THIS SITE:

 

1. Littlewoods Catalouge - No pursual of debt & wrote off £4500

2. Three mobile - Debt written off in full, all adverse entries including default removed from credit files, even got an apology from the Chairmans office

3. HSBC Bank - Partial refund for bank charges & claim lodged at court for outstanding charges.

4. HFC Bank - Ongoing - SAR'd in may- Going to register at court for non compliance.

5. Barclaycard - Being very awkward but Ongoing - These are a tricky bunch but they will fold before I do.

 

GOD BLESS CONSUMER ACTION GROUP!

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  • 3 weeks later...

Hi

 

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

 

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

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bump

VICTORIES TO DATE THROUGH THE HELP OF THIS SITE:

 

1. Littlewoods Catalouge - No pursual of debt & wrote off £4500

2. Three mobile - Debt written off in full, all adverse entries including default removed from credit files, even got an apology from the Chairmans office

3. HSBC Bank - Partial refund for bank charges & claim lodged at court for outstanding charges.

4. HFC Bank - Ongoing - SAR'd in may- Going to register at court for non compliance.

5. Barclaycard - Being very awkward but Ongoing - These are a tricky bunch but they will fold before I do.

 

GOD BLESS CONSUMER ACTION GROUP!

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  • 3 months later...

Hi

 

I have recieved a letter this morning from HFC to say if i dont pay the full amount withing 7 days they will take me to court..

They do not have a CCA for me and have written to me to tell me they dont have one, but they still proced to charge me £15 a month,

Defult my credit file and now have charged me a further £50.

 

Can they acually take me to court without a CCA?

 

Are these just threats?

 

The amount owed is just over £500 and some of that is made up in charges over the past 5 months.

 

Can someone advice me what to do now?

 

Thankx

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Wait for the claim form to arrivce and then defend on the lack of enforceability and also charges. In the meatime, complain to the OFT and the TS under CPUT.

 

For the avoidance of doubt send HFC an account indispute letter and also ask them once again for the CCA.

Tell them that you are making the complaints but do make them and if they do start theclaim you can refer to the complaints as well.

Tell the CRA that you have been defaulted for an account in dispute and you want the default remiaved (they'll ignore you) complain to the IC that you have been defaulted on a disputed account contrary to his own guidelines. The IC will probably ignore you as well but make the complaint anyway so that it is on file.

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  • 5 months later...

Hi all

I wonder if some can help me as im tearing my hair out. Bare with me while i give you some back ground info:

 

About a year ago i CCA'd one of my creditors and clearly they didnt have one,

letters went back a forth,

i sent telephone harrasment letters which worked,

 

they came to my door step twice luckily i was not in

 

sent them the letter to say your not invited..etc it went quite for a while and then

 

in Jan 2010 i got a letter from a DCA to say they were acting on thier behalf and i should pay up or go to court..

I sent a letter back to say this account should be passed back as it has been in dispute since blah blah date,

 

i get a letter back from them to say ok we no longer are dealing with your account (that tells me they knew they didnt have a leg to stand on)

 

now the telephone calls are starting againg from my creditor and i have had another door step call today,

 

what makes me so angry is my mother in law answered the door and is now asking questions which i dont need anyone knowing my business.

 

I can keep sending all the letters to them in the world but they will not give up knocking on my door, i can handle phone calls and letters cos i can ignore them.

 

I feel like im at a standstill they wont give up..

I have had this debt since i was 19 im now 35 this is one of the reasons i requested my cca for all i know i could have paid this debt 3 times over.

 

What is your advice, can i just ask them to take me to court i dont know what else to do im scare that if they turn up again and my husband is in or im in there will be a massive argument on my front doorstep.:confused:

Thanks

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Hi alfwithhair

 

No its not been paid because i got into money problems 10 years ago and was paying a low payment then last year we got into trouble again as my husband lost his job and we couldnt afford the lower payment so i CCA'd them I have never recieved it even after numerous letters back a forth.

 

The creditor is HFC Bank and its Benificial Bank who keep coming to my door the DCA has given up and sent the debt back to HFC because i said the account was in dispute.

 

The last payment i think was made back in Oct 09.

 

Thanks

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Send the CCA request again recorded delivery enclosing a £1 postal order. When you get a reply, scan it & remove any identifying details and post it back here where we can have a look at it. We'll advise you from there;

 

Dear Sir/Madam

 

Re:- Account No: XXXXXXXX/Your Reference Number: XXXXXXX

 

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77 will apply.

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR). I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

Furthermore, with regards to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

 

I have verbally requested that these stop, but I am still receiving calls. (Delete if necessary)

 

I now require all further correspondence from your company to be made in writing only.

 

You are reminded of the following under Consumer Protection from Unfair Trading Regulations 2008.

 

Trading Standards can bring about a prosecution if, with the object of coercing another person to pay money claimed from the other as a debt due under contract, he or she:

 

(a) harasses the other with demands for payment which by their frequency, or the manner or occasion of their making, or any accompanying threat or publicity are calculated to subject him or his family or household to alarm, distress or humiliation;

(b) falsely represents, in relation to the money claimed, that criminal proceedings lie for failure to pay it;

© falsely represent themselves to be authorized in some official capacity to claim or enforce payment;

(d) utters a document falsely represented by him to have some official character or purporting to have some official character which he knows it has not.

 

I am of the view that your harassment of me by telephone puts you in breach of the Consumer Protection from Unfair Trading Regulations 2008, and the Protection from Harassment Act 1997.

 

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

 

Further to this if it is your intention to arrange a call from your 'Doorstep Collectors', I note that there is only an implied license under English Common Law for certain people to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.).

 

Take note, I revoke license under English Common Law for you, or any of your representatives to visit me at my property and if you do so without my permission, you will then be liable to damages for a tort of trespass. You would also be conspiring in a trespass if you sent someone to visit me nevertheless. Any trespassers you attempt to send therefore will be dealt with accordingly.Be further advised that any further telephone calls from your company will be recorded.

 

(Print in red optional addition)

 

I look forward to hearing from you.

 

Yours faithfully **Edit to suit**

 

(Print do not sign signature)

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Hi cerberusalert

 

Thanks for your reply,

I have already done all of this a year ago,

they dont have a cca for me all they have is a blank agreement without any of my details on it and some statements,

 

even letter after letter after letter,

 

is there any point in going through of this again, there wont be anything to post for you all to look at.

 

My previous letters to them after they failed to send me my cca

I have gone on to asked time and time again for it yet they still fail to provide it and ignore my letters

so to go and send another CCA request to them seems very pointless as all they wil send me is what i already have

and i know by looking at it that its not forceable but again thanks for taking the time to reply.

 

Thanks

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Hi whatamess & all, 1st time posting as I have been researching and dealing with numerous banks, organisations et cetera ...these lot invariably flout everything and anything in the 'good business practice' manual - try this it works

 

 

I use this one all the time for unwanted callers

below is a version ...I don't have people call at my door ;) and yeah I have replies from DCA's & TV Licensing basically saying "we comply" :D or just silence ahhhhh

 

 

Notice of Withdrawal of Implied Right of Access

 

Dear Sir/Madam,

 

In reply to your letter dated [xxxxxx] copy attached, warning of an imminent visit.

 

I am informing you that I am withdrawing your implied right of access to the above named property. This notice includes all of your employees, contracted visiting officials, enforcement officers et cetera.

This is to take immediate effect upon receiving a signature for this letter, you may, of course reply to this letter, as my postman still has implied right of access to this property. You will kindly acknowledge in your reply that you have understood the contents of this notice and will abide by my wishes.

 

I, the legal and lawful occupier have now given you written prior and legal warning that such visits will constitute trespass and harassment. Normally there is an assumed right of entry to the front door of a property. However, this is now denied to you and your employees, since any such act will evidently constitute harassment since prior warning has been given.

 

 

I would like to take this opportunity to thank you in advance for your cooperation in this matter.

All rights reserved.

 

Obviously record the delivery and go online at royalmail.co.uk stick in the tracking number and get a copy of the electronic signature too.

Edited by shastra
typo
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Hi cerberusalert, I have sent every possible letter to them more then once.

 

Hi shastra - Thats for the letter sounds good to me, so will try this one.

 

Thanks all for taking the time to read and post.

 

Thanks

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  • 3 months later...

Hi all

 

following on from my previous posts,

 

after not hearing anything from HFC for 2 months after turning up on my door step,

 

i have received a letter from Reston's Solicitors saying that HFC have instructed them to recover imediate payment of my loan account

 

if i dont pay by 9th July they are going to seek a judgement against me which will be registerd by the court,

then go on to say that they have attached a questionnaire if i choose to pay by instalments or i can have a discounted settlement figure if i choose.

 

Is this another last chance try to get the money out of me or do you think they will acually take me to court for £575?

 

This has been on going for about a year, the do not have a CCA for me and i have had this account for years so was not suprised that they didnt have one.

 

What makes me laugh is about 3 years ago I called them to offer them £800 when the loan was on about £1000 but the greedy gits turned me down.

 

Thanks for your advice in advance

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Dear Sirs

 

I refer to your letter of XXXXX 2008, the content of which is noted. No debt to your client is acknowledged.

 

On (date) I made a formal request to your client pursuant to s.78(1) of the Consumer Credit Act 1974. They have failed to comply within the statutory time limit, or at all. It should not be necessary to have to remind solicitors that the provisions of s.78(6) now apply.

 

In the circumstances, your/your clients threat of legal action would appear to be a breach of the Consumer Protection from Unfair Trading Regulations 2008 and the Office of Fair Trading Guidance on Debt Collection. Should you or your client bring proceedings, they will be robustly defended, and the Court's attention drawn to the above statutory breaches . Furthermore, I reserve the right to bring the conduct of your client to the Court when the issue of costs is being considered.

 

Yours faithfully

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