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PriorityOne vs. HFC (Marbles)


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Update time again...

 

Received a Default Notice from HFC this morning. :confused: Strange, since they already defaulted this account in 2004 ! Paid token payments on it from that time until December 2007, when they coudn't back up their threats of a CCJ/property charge with an enforceable CCA. Will have to check whether this new default has a higher balance than the one I found on a 2006 statement recently... Nevertheless, naughty HFC !

 

Must admit to being surprised at having yet another letter, default or otherwise, from HFC.... expected to be set upon by their favourite solicitors by now. Time will tell though....they've given me until the 7th March to rectify the "default". Yeah right.... :rolleyes:

 

Will await their next move before requesting a S.A.R - (Subject Access Request) though....

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Hi P1,

i must say that i'm suprised at their persistance without the CCA you requested a time ago, it seems to be a bit bullish for them to take such action....and as since you made payments from when you recieved your original default, cant see why the total is higher? maybe it's another tactic to get you to submit into doing and getting what they want from you.

If they havent used their solicitors for enforcing the action instead of using a default notice, then maybe as you said, they are in a position where they cant back up that course of action, and settling for something minor in comparison, which can be and will be vigorously contested.

I watch with interest:)

Regards Gordon

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Hi Gordon.... :)

 

My mistake re. the balance figures... they're not higher after all. Will have to dig out all those statements while doing the Sunday roast today (yummy !)... and see what I can find.

 

They have still defaulted me twice for the same account though..... so, am debating whether to SAR tomorrow, or wait 'til I hear from the delightful Weightmans/Restons; assuming that I will. Since I got the CCA request in before they had the chance to do anything, I'm not so sure. When A&L set their solicitors onto me last year, they backed off straight away after being informed there was no CCA.

 

Decisions...

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Hi P1,

Yes decisions decisions, do you think it would benefit yourself if you did SAR (Subject, Access, Request) ASAP, one would assume it would, as if they cant CCA you correectly, then surely if they were to SAR (Subject, Access, Request) you, that would give you the info/backup to fend off any action that they have had in mind.

Just a thought:)

enjoy your roast, mine is lamb today.

 

Regards Gordon

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The only reason for the SAR would be to track details of the 2004 default... and/or charges that may have been added to the account. However, they have no CCA... so may wait to see if they flog it out to an external DCA, at which point I will stop caring anyway.

 

Alternatively, they may set the rottweillers onto me instead.... in which case, the SAR could be interesting for back-up info.....

 

I will leave it for now, I think....

 

Enjoy your roast lamb.... am having beef and yorkshire puds. today ! :D

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  • 1 month later...

No real update on this thread.... yet every time I report a "no update" on this thread, it's normally followed by a nastigram, so we'll see...

 

A second complaint was filed re. the double default and apart from an acknowledgement, which included a para about how precious I am to them :rolleyes: ... and how they'll promise to look into things, blah, blah.... have heard nothing since. No rottweillers yet either...

 

Have yet to send the SAR... as it hasn't been necessary so far.

 

:)

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Ah... there you go... I must be psychic !

 

Letter received to state that they have not issued a fresh default after all, but that they had to send out a "Default letter" before commencing further legal recovery.

 

Hmmm.... even though it's headed up

 

IMPORTANT - YOU SHOULD READ THIS VERY CAREFULLY

 

This is a DEFAULT NOTICE served under S 87(1) of The Consumer Credit Act, 1974, realting to you Credit Card Agreement dated..... ??!!

 

Looks/reads like a second attempt to me....

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Looks/reads like a second attempt to me....

Hi P1

 

Do all the dates of the original DN and the one you've just received match up?

 

If not, it wouldn't be the first time HFC have tried to cover their backs by changing dates - one in particular that springs to mind is that of Polly55.

 

Cheers

Rob

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Hiya Rob...

 

No, they don't. I don't have the original DN, but the details on my credit file state when it was entered... along with a higher amount than what's quoted in their recent DN because of token payments made over the years.

 

The dates are also years apart.... probably why they've attempted to trivialise this one as a Default "letter".... and not a Notice.

 

I'll have a read of Polly's posts and see what their track record is on this kind of thing. Thanks for that....

 

:)

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I'll have a read of Polly's posts and see what their track record is on this kind of thing. Thanks for that....

 

:)

Hi P1

The relevant bit of Pollys thread is post#74 onwards http://www.consumeractiongroup.co.uk/forum/legal-issues/125173-getting-ccj-overturned-4.html#post1409128

ISTR seeing that they'd done the same thing in another thread, but I can't be sure.

 

The reason they seem to have changed the dates on Pollys second DN is that they may have realised that the first one was invalid due to less than 14 days being allowed to remedy. Or perhaps they didn't have a copy of the original and just produced one out of thin air which they pretended was issued on the date stated.

 

Cheers

Rob

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I will be drafting a letter up over the next few days...

 

On the face of it, the 1st DN would now be invalid due to several years worth of token payments being made since it was issued, so they wouldn't be able to claim for this amount now. They've left it too late. It may also contain unlawful charges anyway... and, they may not even have it.

 

IMO, they may have issued the 2nd one on the assumption that I would be clueless about DNs, would have no recollection/evidence of the 1st one anyway.... and be able shoot me down for the new (alleged) outstanding balance without any problem.

 

I am in 2 minds whether or not to request a copy of the original DN issued all those years ago and see how they bluff there way out of not sending it... or if they do send it... see what they send back.... in which case, I would have 2 very different DNs sitting in front of me to take into court, should it get that far....

 

As they say in Chess.... "check"

 

;)

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  • 2 weeks later...

Crikey, that was quick !! They've sold it !! :D

 

No Weightmans... no Restons.... no court.... Is this a 1st for HFC ??!

 

Opened the post this morning to find a lovely "Welcome" letter from..... CABOT !! :rolleyes: ... teling me they'd bought the account and to now deal with them. I guess that means it's time to join the Cabot Fan Club now then...

 

Hmmm... such a nice, polite introductory letter as well. It's almost a shame to destroy that facade by pointing out they've bought a duff account.... ;)

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Crikey, that was quick !! They've sold it !! :D

 

No Weightmans... no Restons.... no court.... Is this a 1st for HFC ??!

 

Opened the post this morning to find a lovely "Welcome" letter from..... CABOT !! :rolleyes: ... teling me they'd bought the account and to now deal with them. I guess that means it's time to join the Cabot Fan Club now then...

 

Hmmm... such a nice, polite introductory letter as well. It's almost a shame to destroy that facade by pointing out they've bought a duff account.... ;)

 

Hi P1

 

Not sure if it is a first for HFC as apparently (according to Restons) my alleged debt has been sold to "a third party" (as yet unknown and unverified) right in the middle (or rather past the middle!) of court proceedings, see post #192 onwards of my thread: http://www.consumeractiongroup.co.uk/forum/legal-issues/124572-hfc-no-agreement-amended-10.html#post1461588

 

Regarding the Cabot fan club, I recently became a member due to an alleged Goldfish debt being sold to them, perhaps I'll get dual-nationality or something if HFC also sell-out to Cabot :roll:

 

Cheers

Rob

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Yes... I have been following your thread, Rob.

 

Would be interested to see who you've got now.... doubt that HFC will have pointed out the home truths about your account before flogging it out either.

 

I was so sure I'd end up with a Summons from them... even had the CPR letter ready !! Oh well... they may be learning at last. Either that or Weightmans/Restons have had several complaints made about them and have decided to back off...

 

Wise. ;)

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Yes... I have been following your thread, Rob. Thought you might still be following, thanks for the interest ;)

 

Would be interested to see who you've got now.... doubt that HFC will have pointed out the home truths about your account before flogging it out either. Agreed, but I'd feel obliged to let the proud new owner know what they'd bought :D

 

I was so sure I'd end up with a Summons from them... even had the CPR letter ready !! Oh well... they may be learning at last. Either that or Weightmans/Restons have had several complaints made about them and have decided to back off... It seems something has definitely happened, unless they're just dropping claims defended by CAGgers ;)

 

Wise. ;)

 

Cheers

Rob

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I was going to defer my bog off letter to Cabot for a while... but had a 'phone call from them last night, so have now sent it off. :D

 

Have to admit by being a tad surprised at how polite this guy was. When I refused "security" and said that a letter was in the post, he asked me if that meant that I only wanted to correspond in writing and then said that was fine. He also agreed to remove my number from their database, but whether he does it or not remains to be seen. :cool:

 

Meanwhile.... I received a letter from HFC today apologising that its taken them so long to deal with my complaint, but a full explanation will follow eventually.

 

Hmmm.... seeing as it'll be a bit difficult to justify selling an account whilst in dispute and passing my data around without permission :rolleyes: , methinks someone may have stuffed up.... but I wait with baited breath nevertheless.

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Hiya Priority, one letter can make all the difference :rolleyes: don't know if you have seen this thread but its worth a look just for the jealousy value :D ... now why didnt I use RBS

 

http://www.consumeractiongroup.co.uk/forum/general/138996-whale-oil-beef-hooked.html

 

pete

 

 

Good grief! If only they were all that easy to deal with :rolleyes: (and i'm thinking of HFC in my case!)

I'm midway through the tunnel, but getting closer to the light.

 

 

 

Please be aware that i am not an expert in anything!

I may offer an opinion, but the final decision is yours.

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  • 2 weeks later...

Letter from Cabot last week.... informing me that they're now in touch with HFC (to try and get a copy of the CCA) :rolleyes: , which might take some time as these docs. are sometimes archived away... blah-de-blah, blah.

 

They will either come back with the same ineligible microfiche application that HFC tried to do some months ago or, will sell it on to some other suckers.

 

We'll see... ;)

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Letter from Cabot last week.... informing me that they're now in touch with HFC (to try and get a copy of the CCA) :rolleyes: , which might take some time as these docs. are sometimes archived away... blah-de-blah, blah.

 

 

Hi P1 :)

 

According to the notes made against my HFC account, my files were archived in 'iron mountain' which only a few employees appear to have access to. They did not find my file until AFTER they had commenced legal proceedings :mad:

 

They obviously just ride by the seat of their pants and got lucky in my case. I hope they continue to fail miserably in your case :)

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I'm midway through the tunnel, but getting closer to the light.

 

 

 

Please be aware that i am not an expert in anything!

I may offer an opinion, but the final decision is yours.

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:wink: Thanks P1.

 

Yes, they are barstewards (amongst other things). I am taking comfort in the fact that more people are fighting against them and at least making it a bit more difficult for them.

I'm midway through the tunnel, but getting closer to the light.

 

 

 

Please be aware that i am not an expert in anything!

I may offer an opinion, but the final decision is yours.

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  • 7 months later...

Just updating with.... well, nothing really !!

 

Cabot still write to me periodically to let me know that HFC are still looking for my CCA :D, so I'm reluctant to close off the thread at the moment. Their last letter was around a month ago though.... and the whole saga is over a year old, still with no CCA in sight.

 

Incidentally, Cabot never attempted to 'phone me again after I told them not to do it... and I never did receive that "full explanation" from HFC in response to my 3rd (?) official complaint. Methinks they just got sick of me. Shame.

 

:)

Edited by PriorityOne
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Well its looking good then.................:)

You may receive different advice to your query as people have different experiences and opinions. Please use your own judgement in deciding whose advice to take.

 

If in doubt seek advice from a qualified insured professional. Any advice I have offered you is done so on an informal basis, without prejudice or liability.

 

If you think I have been helpful PLEASE click the scales

 

court bundles for dummies

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