Hi folks,

 

I've recently found out that HFC don't have my agreement. I've just fired of a letter today asking them to remove the default they placed on my file because of the apparent lack of agreement, I can post on here once I receive a response if anyone wants me to?

 

Cheers for now,

Lee

Hi

I would love to know what they say as of the 15th Dec if not supplied then they are at commiting offence stage with me too. Good luck with whatever comes back.

Cheers

Have recently gone down the CCA request route one with HFC now handled by Eversheds and one with RBS (now handled by Moorcroft) - now the HFC one I sent the CCA request to the DCA (Eversheds) but for some reason with the RBS I send it direct to them to to the DCA both are now in default and the 30 days is up on the 15th Dec - my question is not sending the CCA request to the DCA for RBS have I messed up on that one or will it be ok - anyone out there who can help me pls

Thank you Battleaxe good luck like i said not done SAR on this account as I had statements already would be great to see whether you get them as I guess with yours and our actions this could open up a whole world of new possibilitys - good luck

Quick update - recieved from Cobbetts today letter confirming they have recieved documents and a copu of the Acknowledgement of Service - shame really only had to wait till tomorrow and I could have had default judgement, oh well next move theirs.

They are in default after not providing the info after 12 days and the debt is unenforceable at this time. After a further 30 days they are commiting a criminal offence and you can complain to the OFT and threaten them with court action.

The start date will be when they recieved the request which you should be able to get from the PO if your request was sent recorded.

Lots more info earlier in this thread

 

Regs

Peter

If thats for me Peter ty and yes done alot of reading I posted all 3 on the 30/10 all were recieved and signed for (according to royal mail) on the 31/10 an according to my reconing the went into default on the 15/11 and therefore 15/12 is when they are comitting the offence.

Cheers

Helen

matheos- note that the solicitor who wrote this twaddle is quoting his client, the solicitor isnt saying this himself:

 

"Our client wishes us to inform you that if they cannot provide you..bla bla"

 

He clearly wished to distance himself from this blatant lie.

ty guys just wanted that second opinion had an idea what they were trying to get at but as stated in a thread before when your so close to something those little doubt gremlins start creeping in.

Hi Just spent hours reading this thread great work guys, just after abit a guidance if you can.

I currently have CCA requests out to 3 companies all 3 went into default on the 15th Nov - I have only ever had a reply from one.....sent a CCA request off to Eversheds (DCA/Solicitor) for HFC they stated that the information I had requested (ie CCA) had been requested from their client but as the account was opened in 1998 and would have been archived may take some time to find. The the next paragraph goes on to state:

We can also advise that payments of the agreed amount should still be sent as per the arrangement, or legal action could be initiated. (Now the best bit) Our client wishes us to inform you that if they cannot provide you with this document you will still remain liable for the above amount as you have admitted liability by paying for the account for a long period.

True or not true? is this scare tactics or not any help pls

Wow your court is working slow you did yours before me and my dates are issued 15th sent 15th and deemed served on the 17th they have until the 1st Dec (next Friday and counting) to acknowledge. Everything crossed for both of us hehehehe

N1 taken to local court today - wonder what they will make of this.

Hi Bong just to say ty again for particulars - N1 was taken to court today so now like you I guess sit back and see what they make of it.

Good luck matey

Hi Bong

Just about to do the same thing as you but against Natwest we really having a headache about the particulars so hope you dont mind me using yours as they are gr8.

Heres my thread if your interested http://www.consumeractiongroup.co.uk/forum/natwest-bank/37730-claims-older-than-6-a.html

My account goes back to 1990 - I also chickened out of the contractual a). wanted to keep below £5k cause of abit of a gamble b). couldnt figure out how the hell to work it lol

Quick question what did you put on the front of the N1 under Brief Details and value?

All the best with your claim

Ty Tink660 its abit scary but nothing ventured nothing gained Yes hoping one of the mods or legal wizkids or both or anyone lol will have time just to cast an eye over it before I have to submit

Hi all - ok Im getting ready to do claim on this could someone look at what I intend to submit on the N1 and let me know what they think

1. The Claimant had an account A/C No: xxxxxxx with the Defendant which was opened on or around 22nd January 1990.

2. During the period in which the Account was operating the Defendant debited numerous charges to the Account in respect of purported breaches of contract on the part of the Claimant and also charged interest on the charges once applied. The Claimant understands that the Defendant contends that the charges were debited in accordance with the terms of the contract between itself and the Claimant.

3. A list of the charges applied is attached to these particulars of claim.

4. The Claimant contends that:

a) The charges debited to the Account are punitive in nature; are not a genuine pre-estimate of cost incurred by the Defendant; exceed any alleged actual loss to the Defendant in respect of any breaches of contract on the part of the Claimant; and are not intended to represent or related to any alleged actual loss, but instead unduly enrich the Defendant which exercises the contractual term in respect of such charges with a view to profit.

b) The contractual provision that permits the Defendant to levy such charges is unenforceable by virtue of the Unfair Contract Terms in Consumer Contracts Regulations (1999), the Unfair Contract Terms Act 1977 and the common law.

c) Limitations Act 1980 Section 32.--

(1) Where in the case of any action for which a period of limitation is prescribed by this Act, either-

(a) the action is based upon the fraud of the defendant; or

(b) any fact relevant to the plaintiff's right of action has been deliberately concealed from him by the defendant; or

© the action is for relief from the consequences of a mistake;

the period of limitation shall not begin to run until the plaintiff has discovered the fraud, concealment or mistake (as the case may be) or could with reasonable diligence have discovered it. ....

(2) For the purposes of subsection (1) above, deliberate commission of a breach of duty in circumstances in which it is unlikely to be discovered for some time amounts to deliberate concealment of the facts involved in that breach of duty. . . . (5) Sections 14A and 14B of this Act shall not apply to any action to which subsection (1)(b) above applies (and accordingly the period of limitation referred to in that sub-section, in any case to which either of those sections would otherwise apply, is the period applicable under section 2 of this Act).

using this as a basis i believe they have deliberately hidden the true cost of charges from me.

5. Accordingly the Claimant claims:

a) the return of the amounts debited in respect of charges in the sum of £1842.50 and any interest charged thereon;

b) Court costs;

c) Interest pursuant to section 69 County Courts Act as set out on the attached list of charges or at such rate and for such periods as the court deems just.

d) Claimant claims interest under Sec.69 of the County Courts Act 1984 at a rate of 8% a year from 22nd January 1990 to 15th November 2006 of £2022.36 and also interest at same rate up to the date of judgment or earlier payment at a daily rate of £0.41p.

I believe that the contents of these particulars of claim are true

Is there anything you think I need to add or remove - and the wordinf mainly of the Section 32 bit does that need to be ammended at all?

My next problem is the wording of the claim - think it will have to go on an N1 rather than MCOL as I want to include that bit re section 32 of the limitations act - any help from anyone on this part would be greatly appreciated as I dont want to screw it up for anyone claiming after me.

 

Cheers

Any mods or anyone care to help with this would be much appreciated

LOL certainly is the best saving scheme possible - good luck with trying to get them - let me know how you get on

Thank you and good luck dunno how you get on for getting the old statements - was just by luck I found these, was going through a box of old paperwork and in there was a folder.

Am due to raise claim today but lack of funds will mean it has to wait - lol waiting for HSBC and Cap ones money to come in after offer so will have to wait till they arrive.

My next problem is the wording of the claim - think it will have to go on an N1 rather than MCOL as I want to include that bit re section 32 of the limitations act - any help from anyone on this part would be greatly appreciated as I dont want to screw it up for anyone claiming after me.

Cheers

Least you got a response sent prelim and LBA to Natwest for 1990 to 1995 not a dickiebird due to raise claim on the 4th Nov but will probably have to wait until crap one cough up lol

Sent off SAR to HFC and CCA request to the DCA collection - this morning recieved letter from DCA re the CCA request where they state and I quote

"This request may take some time as ou loan plus account was opened in the XXXXXXX branch in 1998 and documents will be archived due to time lapsed.

We also advise that payments of the agreed amount should still be sent as per the arrangement, or legal action could be initiated. Our client wishes us to inform you that if they cannot provide you with this document you will still remain liable for the above amount as you have admitted liability by paying for the account for a long period."

True or early scare tactics?

I believe this was a debt that I was paying off but cant find paper work to on my bank statements

all it states is CCS CL*BCA.

Spoke to my bank today and all they can tell me is the sort code and account number it went to but not the name.

The sort code points to a HSBC account in Bond Street

but the name of company is unknown

- just wondered if anyone who had been paying to someone and on their bank statements was a similiar line?

Hope someone can help as I am trying to prove a debt has been paid off and would love it if this was the one.

Cheers all

Thank you gizmo much appreciated dont want to fluff it now

no not yet just stuff to bankfodder to ask his advice but guess he busy not had anything back - its due bonfire night lol 5th Nov so got a few days yet still not 100% what to put or send

Wow fascinating thread and great letters - keep us posted as Im about to start something similar.

GOOD LUCK

Wow alan your story sounds word for word like our experience with HFC after reading this got all my paper work out for them - I too believe we were miss sold ppi and also noticed that even when in difficult times they had agreed a reduced payment of £40 per month they still charged us Admin charge £15 interest £160 and ppi of £46 (my god what were we thinking letting them do this to us).

Ultimatley the account went through to Eversheds and their letters I have just read through again make your blood boil grrrr.

I actually believe this whole loan was miss sold to us anycase as they were only interested at the time in getting what was our old goldfish card paid off with them and then this rolling credit account set up which only ever goes in one direction.

Will be watching your thread with great interest and wish u all the luck in the world (going to start my own little journey now grrr)

By the way any updates?

Just been reading through the threads again before I went any further - and noticed this piece about them only charging from mid 2001 - now my account was defaulted in July 2001 so could it be fair to say that there are no charges!! dont believe this for a second but before I issue just thought I would ask whether I actually would have anything to issue for (hard not being able to get the dam statements)

Hi

Im about to file on MCOL for Barclaycard - basically gone through all the process and finally sent them an estimated request for £750. Not based on alot cause account was closed before 2004 so what they sent me in response to the DSAR wasnt worth the paper it was written on!! But felt that this would actually get them to do or send something but as of yet nothing.

What I am looking for is help on the wording for MCOL. I have the usual wording which I have used successfully but feel that becuase Im estimating and also their failure to complete the Dsar request that this should be fitted in somewhere perhaps?

Has anyone raised a claim for estimated charges against Barclaycard already who wouldnt mind helping me with this or is there a mod out there who could?

Thanks for your help guys