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HFC BANK Marbles card and CCA issues mr.p.


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CCA' d these and this is their reply,

 

 

 

HFC

BANK

 

PO Box 1520, Collections Correspondence, Birmingham, Bl 2PR

Office Hours 8am-6pm Monday-Friday

Fax: 0870 010 0949

xx xxxx xxxxxxx

xxxx xxxxxx xx

xxxxxxxx

xxxxx

xxxxxxxxx

xxxxxxxx

Our Reference:

21 November 2007

Dear Mr xxxxxxxx

Account Number: xxxx xxxx xxxx xxxx

Thank you for your letter dated 2 November 2007 requesting for information in relation to the above account.

Please find below the account information relating to your account in accordance with section 78 of the Consumer Credit Act.

Date Account Opened: x August 2002

Payment due date: xxxxxxx

Late Payment Amount: £xxxxxx

Current Balance: £xxxxxx

Account Status: £xxxxx

Please find enclosed a statement of your account. The statement enclosed will list any payments received or charges incurred to date. I confirm that we are unable to supply a copy of your Legal Agreement at present, and this will be forwarded to you under separate cover.

I trust the information I have provided to you is to your satisfaction, but should you require anything further, please do not hesitate to contact me, you can write to me care of the above address.

 

 

 

 

Sarah Smith

Senior Payment Advisor

HFC Bank Limited

Enc

 

 

 

HFC Bank Limited is authorised and regulated by the Financial Services Authority. Registered Office: North Street, Winkfield, Windsor, Berkshire SL4 4TD. Registered in England No. 1117305.

Member HSBC

Group 91900.1103L

 

 

 

Yours sincerely

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I have also just taken on HFC (Marbles).... and have posted a copy of my letter back to them, amended to suit your circumstances. Send by rec. delivery....

 

Dear xxxxx

 

Your Ref : xxxxxxxxx

Marbles - xxxxxxxxxxx

 

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

 

The information you have sent however, is merely a (partial) Statement of Account and not a true copy of my Consumer Credit Agreement, as requested under The Consumer Credit Act, 1974. Therefore, contrary to the comments in your letter, this document does not in fact comply with my legal request 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,

 

:p

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You need to scan this up if you can using Photobucket.... as I suspect that they'v sent you an Application form, same as I got. Do you have access to a scanner ? Block out all personal details first.

 

If not, please describe what you can make out as best you can. Whatever they send you needs to be legible, but I very much doubt it's an Agreement, as already said.

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This just arrived.

 

 

HFC

BANK

 

11th December 2007

Dear Mr xxxxxxxx WITHOUT PREJUDICE

Credit Card Number: xxxx xxxx xxxx xxxx

This letter is to advise you of our intention to file a notice that you have defaulted on your contractual obligations to make repayments under your credit agreement with us (a notice of default) with one or more Credit Reference Agencies in 65 days from the date of this letter.

The filing of such notice of default can be avoided by the-payment of at least 50% of your contractual

payment of £xxx.00 on or before your next scheduled repayment date of 4th January 2008 and regularly by the same due date (4th) monthly thereafter. Please note, that any failure to make your next, or any subsequent payments, on or before your scheduled due dates, whether you have advised us or not that payments may be made late i.e. after your scheduled due date, will result in a notice of default being filed with one or more Credit Reference Agencies.

Please note that if you have an existing arrangement with HFC Bank Ltd to make lower or less frequent payments than that detailed above, we WILL file a notice of default as above. However, if you are able to increase your payment to at least 50% of your minimum payment as shown on all future statements and pay on a monthly basis as detailed above we will not file a notice of default.

If you already have an arrangement with HFC Bank Ltd to make higher payments than 50% of your minimum payment as shown on all future statements, it is essential that you continue to make these higher payments on a monthly basis, to avoid a notice of default being filed in the future.

Credit Reference Agencies are organisations, licensed under the Consumer Credit Act 1974, which hold information about individuals, which is of relevance to and is used by lenders in making credit decisions.

Having a notice of default registered at the Credit Reference Agencies may affect your ability to obtain credit in future.

Should you require any further clarification please contact 0870 010 2535. Yours sincerely,

 

Card Services HFC Bank Ltd

Please note calls may be monitored or recorded for training and security purposes.

HFC Bank Limited is authorised and regulated by the Financial Services Authority. Registered Office: North Street, Winkfield, Windsor, Berkshire SL4 4TD. Registered in England No. 1117305.

AfemterHSBCO Group

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This has just arrived, seems they just ignore anything I send them!

HFC

BANK

 

 

 

 

13th December 2007

Dear xx xxxxx

Credit Card Number: xxxx xxxx xxxx xxxx

Arrears: £xxx.xx

Please be aware of some of the possible consequences if you do not resume payments on your account;

- As we report to national credit reference agencies on the status of customer accounts, you may have~dJff4eu!tyin the future obtaining-a^riortgage or

- Any credit protection insurance that you have linked to this debt may be cancelled.

- If you do not respond to this letter, you will be served with a Default Notice in

accordance with Section 87(1) of the Consumer Credit Act 1974. THE COST OF THIS

DEFAULT NOTICE IS £12.00 AND WILL BE ADDED TO YOUR BALANCE.

- If your account is passed to a collection agency, you may be liable for their costs also

(these costs are higher when an agent visits your home).

- If legal action becomes necessary, many of the costs incurred by us will be added to

your balance.

We are not looking to make unreasonable demands of you. We seek from you an arrangement that you can afford and will maintain. This can be worked out by talking to one of our trained payment advisors on 0870 156 6369.

 

 

 

 

Card Services HFC Bank Ltd

Please note calls may be monitored or recorded for training and security purposes.

 

 

 

HFC Bank Limited is authorised and regulated by the Financial Services Authority. Registered Office: North Street, Wmkfield, Windsor, Berkshire SL4 4TD. Registered in England No. 1117305.

 

Member HSBCilt Group91900.1103L

 

 

 

 

Yours sincerely,

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Phatram, whatever they've sent you... they will treat it as an Agreement until you can point out otherwise. So, please scan it up (Photobucket) or describe it in as much detail as possible, so that we can help you sidestep any further action on it.

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Hi Phil,

 

yes ive had a look at the marbles agreement, but unfortunately its not possible to blow it up to read the small print as it just blurs so its difficult to read.its hard to give an opinion where this is the case.

 

couple of things

 

firstly they should not charge for a default notice, they have to issue this this by law.

 

secondly, you need to check the agreement to see if it has the prescribed terms

 

take a look at peters thread, its very informative and may help you http://www.consumeractiongroup.co.uk/forum/general/103383-agreement-enforceability.html

 

regards

paul

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Then it looks apperas to be an Application Form.... complete with an Application number printed on the top.

 

HFC need a letter back.... basically stating that you have received there most recent communication and for their convenience you are enclosing a copy of your last letter dated xx/xx/2007. As previously stated, until such times as they are able to comply with a legal request, the account remains in dispute, is unenforceable and no payments will be forthcoming. Any legal action that they may be considering will be vigourously defended on the basis of continued non-compliance with a legal request.

 

Send by rec. delivery.... keep the receipt.

 

:)

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The letter that I sent in my own situation is below, if you want to use that....

 

Dear xxxx

 

Your Ref :

Marbles - xxxx

 

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,

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  • 3 weeks later...

Hi everyone and A happy new year to you all.

I have heard nothing from Marbles, but I'm about to write to them again to inform them they have not complied with my CCA request. The agreement sent to me is illegible and I also believe an application form not an agreement(it does say its Your priority application for the marbles card with an application number in the top left corner with the words Credit agreement regulated by the consumer credit act 1974 in between).

Nearly everything down the right hand side is blurred and illegible.

Do I now have to report them to trading standards etc?

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HFC Bank Ltd

PO Box 1520

Collections Correspondence

BIRMINGHAM

B1 2PR

 

 

 

 

Dear Ms Smith

 

Account no xxxx xxxx xxxx xxxx

 

 

 

Re: my request under the Consumer Credit Act 1974

 

Thank you for your letter of 03/12/2007 in response to my legal request.

 

The document that you enclosed is illegible and is only 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

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Today I received this,

 

 

 

 

HFC

 

PO Box 1520 Birmingham B1 3PR Office hours 8am-9pm Monday-Friday, 8am-2pm Saturday

Telephone No. 08700102434 BANK

Fax No. 0121 2144201

 

 

 

10th January 2008

Dear Mr xxxxxxxxxxx

IMPORTANT - YOU SHOULD READ THIS CAREFULLY

This is a DEFAULT NOTICE served under S 87(1) of the Consumer Credit Act 1974, relating to your Credit Card Agreement dated 2nd August 2002 under Credit Card Number: xxxxx and made between you and HFC Bank Ltd ("HFC").

1. Provision of Agreementnbreached :

(a) Payment of the minimum monthly repayments on the payment dates.

2. Nature of Breach :

(a) You have failed to pay the minimum monthly repayments totalling £xxx.00.

3. Action required to remedy :

Payment of the total arrears of £xxx.00, by 28th January 2008.

IF THE ACTION REQUIRED BY THIS NOTICE IS TAKEN BEFORE THE DATE SHOWN NO FURTHER ENFORCEMENT ACTION WILL BE TAKEN IN RESPECT OF THE BREACH.

IF YOU DO NOT TAKE THE ACTION REQUIRED BY THIS NOTICE BEFORE THE DATE SHOWN THEN THE FURTHER ACTION SET OUT BELOW MAY BE TAKEN AGAINST YOU.

 

continued .

 

4. Further Action :

HFC Bank Ltd will:

(a) Terminate the Agreement on the date shown.

(b) Require the immediate repayment on the date shown of the entire outstanding debit balance

of £xxxx.xx.

© If the whole or any part of such sum is not then received, issue proceedings on or afterthe

date shown for recovery of the entire outstanding debit balance on the account, together with

accrued interest and costs.

IF YOU HAVE DIFFICULTY IN PAYING ANY SUM OWING UNDER THE AGREEMENT OR TAKING ANY OTHER ACTION REQUIRED BY THIS NOTICE, YOU CAN APPLY TO THE COURT WHICH MAY MAKE AN ORDER ALLOWING YOU OR ANY SURETY MORE TIME.

IF YOU ARE NOT SURE WHAT TO DO, YOU SHOULD GET HELP AS SOON AS POSSIBLE. FOR EXAMPLE, YOU SHOULD CONTACT A SOLICITOR, YOUR LOCAL TRADING STANDARDS DEPARTMENT, OR YOUR NEAREST CITIZENS ADVICE BUREAU.

Yours sincerely,

 

Card Services HFC Bank Ltd

Please note calls may be monitored or recorded for training and security purposes.

 

 

So what do I do now?

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Hi Phatram,

 

It's likely that your last letter crossed with them sending this Default Notice out to you. I would be inclined to do nothing at this point. They are still in default of a CCA request and need to be careful how they correspond with you from now on.

 

Don't have any dealings over the 'phone and keep hold of this document.... along with anything else they may send you.

 

:)

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HFC

 

 

16 January 2008

Dear Mr PHATRAM

Reference Account Number xxxx xxxx xxxx xxxx

I am writing further to your recent complaint regarding your request for information of your account under the Consumer Credit Act 1974 (CCA). I am sorry to learn that you remain dissatisfied with our previous communication. The details of your complaint have now been escalated to me in accordance with HFC Bank's complaint handling procedure.

Having given careful consideration to all of the information available I write to advise that I am unable to uphold your complaint and have summarised below the basis on which I have made this decision.

I am aware you feel that HFC Bank have not complied fully with your request under section 78 of the CCA. You have advised that as a result of this, the above account is unenforceable and you do not owe us any money.

I can confirm that under the CCA we have fulfilled our obligations by supplying you with a copy of the signed credit agreement. Although the copy of the signed agreement you have been provided with states Application, you will note in the signature box, that it states "this is a credit agreement regulated by the CCA 1974 and by signing this you want to be legally bound by its terms".

Please be advised that under the Consumer Credit Act, section 78, we are obliged to issue the following documentation: a copy of the original credit agreement, if the agreement has been varied, a copy of the latest Terms and Conditions. I would confirm that where the agreement has been varied, you would have been issued with the latest Terms and Conditions.

In summary, I am satisfied that we have not acted inappropriately with regard to this matter. As you are aware, there is an outstanding balance on your account and as we are permitted to process your data regarding this debt to the relevant Credit Reference Agencies, HFC Bank will continue to do this until the outstanding balance has been cleared in full. I trust this clarifies our position on this matter.

I realise that this may not be the response you were hoping to receive but it does nevertheless bring to an end the steps available to you through our internal complaint handling procedure. Should you remain dissatisfied the bank is obliged to advise you of your right to refer your complaint to the Financial Ombudsman Service, as this letter constitutes our final response.

Further details about the Ombudsman scheme are set out in the enclosed leaflet and you have six months from the date of this letter within which to refer your complaint to them should you decide to do so.

Yours sincerely

 

 

 

 

 

Operations Manager Executive Complaints

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This is very similar to the reply I received, minus some of the hissy fit comments and assumptions they made.... You can still adapt my reply to your needs though....

 

Dear xxxxxx

 

Your Ref : xxxxxxx

Marbles - xxxxxxx

 

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

 

A I stated in my previous correspondence to xxxxxxx however, the document that HFC have so far provided is nothing more than 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 as well as in xxxxxxxx’s, this document does not comply with my legal request under The Consumer Credit Act, 1974 in any shape or form and neither does it represent a legally binding Agreement under the above Act.

 

At no point did I point out to xxxxxxx that the account was “unenforceable”, as you have stated in your recent correspondence. Neither did I request that it should be “closed”. What I have in fact stated is that with the documentation you have so far supplied, the account remains in dispute which means that it is legally unenforceable on those grounds. At no point have I ever stated that I was ceasing payments to you either.

 

In your response, you also appear to have included some interesting interpretations of your legal obligations under The Consumer Credit Act, 1974, which have included your sending “a copy of the original credit agreement” upon request. As no such documentation has so far been supplied, not even under the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983, I am a little surprised that you are not more familiar with your legal responsibilities under the above Act. The signature box on the Application Form that you sent is merely a signature on a pre-contractual Application Form and is meaningless in terms of legal enforceability.

 

In view of the unpleasant telephone conversation prior to this legal request being made, please be advised that any legal action that you may be contemplating now or in the future will be vigorously defended on the basis of continued non-compliance of a legal request. Please also note that as HFC are now close to criminal default of a legal request, all payments may now be suspended until such times as you are able to comply.

 

For your information, the following rules apply to all disputed accounts under The Consumer Credit Act, 1974 :

You/your agents/solicitors may not demand any payment on the account, nor am I obliged to offer any payment to you.

You/your agents/solicitors may not add any further interest or charges to the account.

You/your agent/solicitors may not pass the account to any third party.

You/your agent/solicitors may not register any information in respect of the account with any of the credit reference agencies.

 

Contrary to some of your other comments, whilst you remain in default of this request, you are unable to provide any signed authority to process my personal data under The Data Protection Act, 1998. A formal request for you to cease and desist from doing so will therefore be sent to you under Section 10 of the above Act, should this prove to be necessary.

 

I trust this clarifies my position and yours and look forward to your considered response in due course. Please note however, that all attempts to reach me by telephone will continue to be logged, before being rejected.

 

Yours sincerely,

 

:p

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  • dx100uk changed the title to HFC BANK Marbles card and CCA issues mr.p.
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