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MC Vs HFC/Marbles Response to my CCA Attached


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Hi

 

I sent my CCA request to HFC on 1st November and I received a letter in response today (see attached letter).

 

The statements they have sent are from only June 2007 (my last payment to them) to date, and my account has been with them since 2002!!! :rolleyes:

 

My credit limit was £6300 and I was under my limit in June and since then they have bought my balance up to almost £7000! :-o

 

Any comments would be great.

 

Thanks,

 

MC

CCA Response.pdf

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Hi Guys,

 

My point exactly. No time frame or indication as to when they will (if any) send me the signed agreement.

 

Where do I go from here?

 

MC

 

I don't think there are any Marbles Agreements any more.... remember reading it somewhere. :D

 

HFC have recently defaulted in my CCA request, but did try to send an Appication Form along with a similar letter to yours, so I suggest you write back (rec. delivery) in order to stop them passing it across for legal action (although they shouldn't). You will probably then get a nice letter back informing you that they are investigating your "complaint". ;)

 

Dear xxxx

 

Your Ref : xxxx

 

Thank you for your letter of xx/xx/2007 in response to my legal request.

 

The request that you received on xx/xx/2007 however, was for a true copy of my Consumer Credit Agreement (Consumer Credit Act, 1974) and not a simple request for a Statement of Account on its own. In any case, the Statement of Account that you enclosed appears to be missing several pages of information.

 

Therefore, until such times as you are able to comply with my request, the above account remains in dispute.

 

Yours sincerely,

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  • 2 weeks later...

Hi IM,

 

i have to refer to mine and curlybens comments on post 2 & 3

 

this is not an enforceable agreement FULL STOP

 

as far as i can see there are no prescribed terms at all

 

regards

 

paul

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This is EXACTLY the same as I received recently. :D

 

My (rec. delivery) letter in response is below :

 

Dear xxxx

 

Your Ref : xxxxxxxx

Marbles - xxxxxxxx

 

Thank you for your letter of xx/xx/2007 in response to my legal request.

 

The document that you enclosed however, is a pre-contractual Application Form; complete with application number. It contains no prescribed terms, APR, credit limit and/or terms and conditions. Therefore, contrary to the comments in your letter, this document does not in fact comply with my legal request under The Consumer Credit Act, 1974 and neither does it represent a legally binding Agreement under the above Act.

 

Until such times as you are able to comply with this request, the account remains in dispute.

 

Yours sincerely,

 

;)

 

Edit to suit your own needs (if different) and send by rec. delivery. You will probably then receive a letter back informing you of your obligations, blah, blah. :rolleyes: In the meantime, do not have any dealings with them over the 'phone.

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Hi Guys

 

Thanks for the response.

 

I noticed the same, no T&Cs, APR etc.

 

I will definately send them the letter posted above by PriorityOne, thanks for that.

 

Let's see what happens from here...... :-)

 

Regards,

 

IM

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Hi Guys

 

HFC received my response letter on the 6th Dec, and then they sent me a letter out the next day (7th Dec), which I received on th 8th Dec, serving me a Default Notice for the 10th December. I am fully aware that they have to give me 14 days notice of the Default. When I looked at the date of the letter it was dated for the 23rd November 2007!!!! Absolutely impossible as the envelope it arrived in has the stamp for the 7th December 2007!!!! :eek:

 

Can't believe it!!!

 

Regards,

 

IM

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Hi

 

Do you think I shoulod send the following letter to HFC regarding my Default?

 

"In response to my CCA Request, you have failed to provide me with the original terms and conditions that the purported agreement makes reference to. As I'm sure you are aware the Act deems you must send this information as part of my request and until you furnish me with a copy you remain in default and cannot enforce the agreement.

 

With regard to your letter I received on 8th December 2007, a notice to serve me a default notice, I would remind you that in accordance with the OFT guidelines on debt collection and the Banking Code you are not permitted to take any action on the account whilst the dispute remains unresolved, should you fail to do so I will not hesitate to contact trading standards, the office of fair trading and the financial ombudsman service.

 

I would also draw your attention to the Distance Marketing Directives that came into effect in October 2004. This agreement comes under this criteria, as such I should have been sent cancellation rights in order for you to comply with s127(4) of the Act. I can confirm I have never received any, making this agreement irredeemably unenforceable.

 

I now require you to immediately discharge any outstanding balance to 0 and inform me of this in writing forthwith.

Any default notices or adverse comments your company has recorded on my credit reference file should be immediately removed.

I would appreciate your due diligence in this matter"

 

Regards,

If so, would the paragraph regarding 'the Distance Marketing Directives that came into effect in October 2004', apply to me if my account was opened in 2002? :confused:

Regards,

IM

 

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