Jump to content


  • Tweets

  • Posts

  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 160 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like

Davey vs HFC Bank


davey77
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5181 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

This is taken from my main thread here:

 

http://www.consumeractiongroup.co.uk/forum/mbna/57846-debt-written-off-due.html

 

But there may be movement on it so i am starting a separate thread.

 

Back ground info:

 

Credit Card Start date:

09 June 2004

 

Difficulties paying:

Oct 2006

 

Before i sent my 'i can't pay you' letter they rang in Nov 06 and i agreed to £5 a month for a couple of months which i paid.

 

End of Nov 2006 after their standard 'sorry you are having difficulties' letter i replied with a financial statement and promise to continue to pay £5 a month along with a request to not phone me but write only.

 

Dec 2006:

Asked for proof of benefits but i also received the usual 'you have not paid' letters.

 

Jan 2007:

Sent letter asking that the debt be written off due to hardship, carer's allowance etc

No response apart from demanding that i call them as i have not paid. So i wrote in part:

 

I see from your recent letter you continue to ask for and expect payment when you have been fully aware that for the past few months I have no money available whatsoever. I have been proper and patient in my communications with you informing you of my situation, the level of debt I owe and asking for interest to be frozen and in return I receive a standard automated letter asking for, yet again payment, with no response to my individual circumstances.

I have included with this letter a more up-to-date Financial Statement from the last one you will have received and it clearly shows my income, expenditure and level of debt i owe.

 

I also asked that they consider writing off the account (again).

 

Had vague replies either asking that i call or insisting that i call etc etc

 

March 2007:

CCA request sent along with further proof of carer's allowance.

 

2 April 2007:

Default notice received

 

25 April 2007:

Application form received in response to CCA request.

 

Application.jpg

 

Along with a leaflet that i have received a couple of times in response to my request for the T&Cs. The front of which looks like this:

 

Leaflet.jpg

 

My various replies were:

 

The document that you are obliged to send me is a true copy of the executed agreement under the terms of the Consumer Credit Act 1974 s77-79.

 

However, the document that you have provided is clearly marked application form and therefore pre-contractual and not compliant to my request for the CCA under the terms of the above act. It is also a breach of the Act and the Regulations to send the application form rather than a true copy of the agreement.

 

I therefore require that you provide me with a copy of the correct document or your written acknowledgement that you are unable to do so.

 

31 May 2007:

Made a complaint to TS who have ignored me completely.

 

I asked HFC several times to comply with the regulations and what i had back was:

I confirm that the copy of the legal agreement issued to you in your recent Consumer Credit Act request, is, and has been confirmed by the Director of Card Operations, that this is a copy of your agreement on the above account.

It is also confirmed that it is a credit agreement as stated in the sentence above your signature on the agreement....

 

as well as other letters:

http://i157.photobucket.com/albums/t42/davey77_2007/HFC3.jpg

http://i157.photobucket.com/albums/t42/davey77_2007/HFC1.jpg

http://i157.photobucket.com/albums/t42/davey77_2007/HFC2.jpg

 

The rest of the year was the same really. I made a complaint to the FOS, heard nothing from TS and HFC passed the account to DLRS who sent bright yellow pages but eventually gave up last May (2007).

 

In a letter to HFC in Oct 2007 to which i had no reply:

 

Dear Sir/Madam,

As per the detail of your letter dated 29 August 2007 it was my understanding that you were not prepared to communicate further regarding the ongoing dispute involving the above account.

 

It was also stated in your letter of the 13 June that it was my right to complain to the Financial Ombudsman Service (FOS) with a view to resolving the above dispute.

 

Therefore the recent final demand letter from you seems completely inappropriate considering in your last correspondence HFC stated:

 

“...no further correspondence will be entered into regarding this matter unless it is received from the FOS”.

 

You were aware i was planning on reporting this matter to the FOS in my letter of the 10 July 2007. I must only assume therefore that you are purposefully ignoring the impending FOS investigation by threatening legal proceedings? Or trying to speed up the collection process on the above alleged debt thereby avoiding any FOS involvement?

 

Therefore, If it is your intention to proceed to court as stated in your recent communication then please be fully aware that i shall be bringing to the attention of a Judge that HFC forestalled any FOS investigation and thereby wasted valuable court time in not allowing the FOS to investigate fully.

 

Above you will note the FOS Reference Number regarding my complaint against HFC Bank.

If the recent final demand was sent in error then I expect HFC Bank to act responsibly and lawfully in allowing the FOS to proceed with their investigation.

 

Yours sincerely,

 

That was it for 2007 so in 2008 in jan i sent a section 10 to HFC. Nothing heard back from them.

 

In Jan 2007 the FOS finally got around to reviewing my complaint but they refused to allocate it say that it was 'not in their remit to enforce the law' and that they would simply state to HFC that it was the kind of complaint that the FOS dealt with as it involved the legality of documentation. The adjudicator also stated i was 'barking up the wrong tree' to take that kind of complaint to them in the first place' and it was better sorted out by the Courts.

 

http://i157.photobucket.com/albums/t42/davey77_2007/HFCFOS.jpg

 

Still nothing from HFC so in late feb 2008 i sent this:

 

I must advice you that the Application form you have previously forwarded in some compliance with my request under the Consumer Credit Act 1974 does not conform to the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 2 (1) and is contrary to sec 59 (1) CCA 1974. Furthermore, whilst a creditor remains in default of their obligation pursuant of sec 78 he is precluded from enforcement until the default is remedied.

 

The Consumer Contracts (agreements) Regulations 1983 clearly define what information should be included within a properly executed agreement to thereby make it enforceable yet the application form you have insisted is an agreement does not contain the prescribed terms. Please state where on that document i can find the them as merely a signature under the wording “this is a consumer credit act” does not make the agreement enforceable alone and so as you must realise this agreement does not conform to sections 60(1) and 61(1) of the Consumer Credit Act and is therefore unenforceable under section 127(3) of the same act.

 

If you disagree, please state in detail as to why you believe HFC Bank is not required to adhere to, or is somehow exempt, from these statutory regulations as stated above?

 

If i do not receive a reply within 10 days of the date of this letter i will consider in absence of any reply the above alleged account to be discharged in full and HFC Bank’s complicit agreement that they are unable to supply the regulated documentation. As a consequence i will be demanding the removal of all data currently on my Credit Files with the Credit Reference Agencies including any Defaults, late payment markers and/or remarks without further delay otherwise this will constitute libel and legal action may be taken.

 

Please also note, that if a representative of the BBC Watchdog Program, CAB, The National Debtline, the FOS, the FSA, the OFT and/or Trading Standards contacts you about this matter, that HFC Bank have my full permission to disclose all documents and correspondence upon their request.

 

I would prefer not to waste the Courts time but if you would prefer to settle the matter in a Court of Law i would now invite you to do so at your earliest convenience. Otherwise,

I look forward to your immediate response but if not will consider the matter closed.

 

Yours sincerely, Me

 

In April 2008 all i had was this rubbish:

 

PreviewofHFCApr08jpg.jpg

 

I also had a 'notice of Intended Legal Action' letter so i sent the previous response back to them again.

 

And that was it for the rest of 2008 as i recall.

 

SO Jan 2009 i sent the CPR 31.16 request for information and after a couple of weeks had this reply:

 

HFC.jpg

 

To which my response 21 jan 2009 was:

 

FORMAL REQUEST FOR INFORMATION

CPR part 31.16

 

Dear Sir/Madam,

Thank you for your letter dated 20 January in response to my request for information under Civil Procedure Rules 31.16.

 

However, I should like to point out that request was not, as you suggest in your correspondence, a request under the Consumer Credit Act and to quote from my letter dated 8 January 2009:

 

“I must stress this request is NOT made pursuant to section 78 Consumer Credit Act 1974 but is made pursuant to the Civil Procedure Rules ( Pre action protocols and Part 31.16)”

 

It is quite clear that my request for information to date was neither a request under the Data Protection Act (*Data Protection Act*) or pursuant to the Consumer Credit Act 1974 (*CCA1974*). Relevant documents requested should certainly comply with aspects of the CCA1974 in form and content if you have those in your possession but again, the request was made pursuant to the CPR only, and I require a copy of any agreement held in relation to the above credit card account to assess if it was properly executed as well as all documentation that would be relied upon for a Defence, to evaluate the merits of my case and therefore possibly avoid wasting the Courts valuable time.

 

It seems you may be unfamiliar with or have some misunderstandings as to CPR protocols and therefore I quote the relevant text for your benefit:

 

Disclosure before proceedings start: 31.16

 

1) This rule applies where an application is made to the court under any Act for disclosure before proceedings have started.

(2) The application must be supported by evidence.

(3) The court may make an order under this rule only where –

(a) the respondent is likely to be a party to subsequent proceedings;

(b) the applicant is also likely to be a party to those proceedings;

© if proceedings had started, the respondent’s duty by way of standard disclosure, set out in rule 31.6, would extend to the documents or classes of documents of which the applicant seeks disclosure; and

(d) disclosure before proceedings have started is desirable in order to –

(i) dispose fairly of the anticipated proceedings;

(ii) assist the dispute to be resolved without proceedings; or

(iii) save costs.

4) An order under this rule must –

(a) specify the documents or the classes of documents which the respondent must disclose; and

(b) require him, when making disclosure, to specify any of those documents –

(i) which are no longer in his control; or

(ii) in respect of which he claims a right or duty to withhold inspection.

(5) Such an order may –

(a) require the respondent to indicate what has happened to any documents which are no longer in his control; and

(b) specify the time and place for disclosure and inspection.

 

For the complete avoidance of doubt I have for your benefit headed this letter “FORMAL REQUEST FOR INFORMATION CPR part 31.16”. Since this matter is likely to be subject to proceedings and given that your organisation is likely to be a defendant in any action which would be brought by me, I must draw your attention to Civil Procedure Rules part 31.16(3)©&(D) which gives the court the power to order you to disclose the requested documentation to me.

 

*If this order is thereby granted, I understand failure to comply would be considered a Contempt of Court.*

 

Additionally I will ask the court to make an order for my costs in bringing this application and reserve the right to disclose all communications in this matter before the court should such an application become necessary.

 

Concerning your reference to a previous FOS (Financial Ombudsman Service) ‘opinion’ regarding this account i must advise that there was no official adjudication by an Ombudsman and the resulting conversation and written communication with the Adjudicator, Seb Benson, resulted in my case not being sent for review with an Ombudsman for the following reasons:

 

“...it is not within the remit of the FOS to say yes or no to the enforceability of the documentation as we are here for dispute resolution only and your best course would be to take legal advise and make a legal challenge in Court.”

 

I enclose, merely for your reference, the communication from Mr Benson on the subject at the time.

 

I have since followed this recommendation by the FOS and sought Legal Advice although this is an academic point and has no bearing as even a formal Ombudsman Adjudication does not preclude HFC Bank from complying with the Civil Procedure Rules.

 

I hope i have made my position clear and have been of some help enabling you to act on this letter and comply fully with my request.

 

Please confirm by no later than 4pm on Wednesday 18 February 2009 (thus allowing a further 28 working days and a total of 6 weeks since my original letter was received) that you will comply with my request. Establishing my reasonable intentions at all times and allowing what I believe to be, and I am confident a Court would agree, is an appropriate and fair amount of time for you to comply with my request.

 

If you will not comply, or have no intention of doing so, please provide your satisfactory explanations in writing.

 

Thank you.

 

Yours sincerely, me

 

Well guess what? No reply and that was sent 5 weeks.

 

Latest info is i have a Solicitor looking into matters and they have written to HFC on my behalf. Can't say too much about the detail but will update this thread where i can. Suffice to say the Solicitor has said nothing i haven't said to HFC before but hopefully letters from a Legal Firm will be taken much more seriously!

:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

Link to post
Share on other sites

hiya davey

 

i came across your thread as im trying to respond to ones that havent had a reply,,,:cool:

 

at least i can say good luck, looks like you have matters on track

 

sure you will let us have the solicitors info once you get this one sorted

 

take care have a fun weekend laters angel x

Im happy to help with support and my own thoughts, but if I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action.:)

 

my new motto is,,,",Taking back control of your life and home - such peace is priceless"

 

This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel :D

Link to post
Share on other sites

Thanks for stopping by. Have a sunny weekend! :)

:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

Link to post
Share on other sites

 

 

2 April 2007:

Default notice received

 

 

Hi davey

 

I just had a quick look on your other thread but it's massive!

 

I looked around the relevant part of the thread but couldn't actually see the DN you mentioned above, so can I ask you if you posted it to that thread?

 

If not, could you scan it and post it here (remove personal details but not dates)? The reason I ask is that HFC are well known for cocking-up their DNs, thereby invalidating them and losing their legal actions.

 

Cheers

Rob

Link to post
Share on other sites

No probs. Here you go:

 

HFC-1.jpg

 

HFC_0001.jpg

:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

Link to post
Share on other sites

Perfect! (perfect cock-up that is!).

 

HFC often give incorrect dates, usually thinking they only have to have 13 days between the 2 dates, but here we have only 11 days between the dates!

 

They have to allow 14 clear days from the date of service, which in your case would have been 4 April, therefore they should have given you until 18 Apr 2007 to remedy.

 

Did you ever remedy the default, i.e pay the arrears demanded by the due date of 13 April 2007 ?

 

If not, then your account was unlawfully terminated on 13th Apr 2007, which means they have no right to legal action and would mean that any action taken should be doomed to fail (as it was in my case, thanks to pt2537).

 

Keep that DN very safe!

 

Cheers

Rob

  • Haha 1
Link to post
Share on other sites

Yes thanks for the info Rob. Useful stuff. I haven't taken much notice of DNs in my case as i have always gone after the unenforceable aspect but i will certainly keep that up my sleeve should it ever be needed!

 

Hey JB, seems like HFC/Marbles are more incompetent than we thought. ;)

:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

Link to post
Share on other sites

Well, HFC have finally woken up. Not with a proper response of course but with a desperate last measure to obtain payment before the Solicitor gets stuck into them. Rather amusing really.

By the way Capquest/HL.. i won't be using a Credit Card (or anything else) to pay you!

 

HFC-2.jpg

:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

Link to post
Share on other sites

hey davey

 

hiya and ive subbed to this thread even though no accs with hfc bank but im learning bits and bobs,,,,, yes i agree with robcag,,,,the default notices are very important to concentrate on too

 

its my mission now to learn everything there is about these dn,,,,because they are interesting, because it lends itself very well once the contract is terminated,,,, and if deffective dn would be then contract terminated illegally and thus from what ive learnt so far from millymollymoo thread on the bos problem,,,, only the arrears are applicable,,,

 

hope ive wrote that correctly and i do hope i have cos finally i hope to have helped you for a change....lol:D

 

will link up milly's thread,,,,

http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/171374-bank-scotland-terminated-without.html

 

laters all angel x

Im happy to help with support and my own thoughts, but if I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action.:)

 

my new motto is,,,",Taking back control of your life and home - such peace is priceless"

 

This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel :D

Link to post
Share on other sites

Hi,

 

Yes i will keep that Default Notice up my sleeve in the extreme event that the Solicitor doesn't want to take it further. Although they feel, based on what i have been sent to date by HFC re the 'agreement', i have a strong case as it stands.

Hopefully the DN won't even be an issue (until they get it wiped off my credit file of course!) ;)

 

Sounds like you know more about DNs than me already. Will be asking you for advice if i get stuck. :)

:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

Link to post
Share on other sites

Heh strange HFC wake up now you have got solicitors involved!

 

Good tactic there with the default notice, Ive learnt a bit from fuzzybobble and tried to help a few others. So like Angel I hope that invalid default means illegal termination (if terminated after) and as such only arrears stated on the default notice are then recoverable.

Link to post
Share on other sites

  • 2 weeks later...

The reply i sent to H L Legal felt really good:

 

"Dear Sir/Madam,

 

In reference to your recent letter please send any further correspondence in relation to the above account to my Legal Representative who has my full authority to act on my behalf in this matter :

 

Mr ***, *** Solicitors, * ** **, ****, *** ***.

 

Thank you for your co-operation.

 

Yours sincerely, Davey77"

:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

Link to post
Share on other sites

Hi,

 

Yes i will keep that Default Notice up my sleeve in the extreme event that the Solicitor doesn't want to take it further. Although they feel, based on what i have been sent to date by HFC re the 'agreement', i have a strong case as it stands.

Hopefully the DN won't even be an issue (until they get it wiped off my credit file of course!) ;)

 

Sounds like you know more about DNs than me already. Will be asking you for advice if i get stuck. :)

 

 

hiya davey.... wow thank u - am looking at buying book about lots of aspects

 

glad i can pass on what ive learnt

 

laters angel x:cool:

Im happy to help with support and my own thoughts, but if I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action.:)

 

my new motto is,,,",Taking back control of your life and home - such peace is priceless"

 

This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel :D

Link to post
Share on other sites

After i received that from H L Legal i emailed the letter to the Solicitor as well as writing to H L Legal telling them to get lost and today had this back from the Solicitor:

 

"I write further to your email dated 14th March 2009 and apologise for the delay.

 

I now enclose a copy of the letter i have sent to H L Legal Solicitors in response to their letter to you dated the 11th March 2009. I will make an entry in my diary to wait 21 days for a response.

 

I will contact you again should i hear further from HFC Bank or H L Legal Solicitors"

 

Is it just me or is that a bit .. hmm what's the word, lame? Why give HFCs solicitor 21 days.. they really should be more aggressive i think. But having said that, the wheels are turning albeit very slowly. I don't think i will send anything further to my Solicitor unless it is an actual Court Summons. I'll just let them deal with the Creditor directly and reduce these distracting points.

 

SOlHFC.jpg

:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

Link to post
Share on other sites

Hmmm perhaps. I guess at least things are moving forward slowly though.

 

Im glad your still able to communicate with HFC though, even if via solicitors.

 

Im no longer able to communicate with HFC, after 22nd February when they passed it to Aviemore who then passed it to BOS Group and is now under name of Halifax....

 

All HFC alledge to have is a little window that pops up with my a/c no name and address.

 

So the dispute, complaints with various people and the SAR request sent in are lost.

 

All they can advise is to ring Halifax about the SAR request.

Link to post
Share on other sites

Hmmm perhaps. I guess at least things are moving forward slowly though.

 

Im glad your still able to communicate with HFC though, even if via solicitors.

 

Im no longer able to communicate with HFC, after 22nd February when they passed it to Aviemore who then passed it to BOS Group and is now under name of Halifax....

 

All HFC alledge to have is a little window that pops up with my a/c no name and address.

 

So the dispute, complaints with various people and the SAR request sent in are lost.

 

All they can advise is to ring Halifax about the SAR request.

 

You mean they have admitted to losing your personal data and breaching the DPA?? Whose hands is that information in now.. a thief, con artist [EDIT]? ;-)

:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

Link to post
Share on other sites

I guess they would say that they sent everything to Halifax. But Halifax have no record of the SAR at least.

 

Dont know what to do with this one really, as I was still in mid dispute with HFC over the app form with no prescribed terms. The new agreement sent to me for BOS group was just a set of t & c nothing to sign and on the back of the HFC agreement I dont think is valid. I got a default notice that was invalid advising they were terminating the agreement in March but as of yet it doesnt appear that they have. When I did speak to them about the SAR they did advise that if they found the payment for the SAR they were going to apply it to the account! I never use the new account number they advise of just the HFC one.

Link to post
Share on other sites

Time to get tough then.. i'll have a peek at your thread again.

:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

Link to post
Share on other sites

  • 3 weeks later...

Emailed the solicitor today to ask for an update on matters.

:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

Link to post
Share on other sites

SOl_0003.jpg

 

SOl_0004.jpg

:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

Link to post
Share on other sites

  • 3 weeks later...

Update - nothing heard yet. Solicitor's 21 days (as above) expire about now so guessing will hear something further shortly (assuming they haven't run out of legal aid yet.)

:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...