HFC BANK Marbles card and CCA issues mr.p.

[phatram]

Thanks.

I will send this to them.

[gordonsanderson]

Hi,

I recieved the same lackluster response to a CCA from HFC, it`s a joke BUT!!! they have also said that they DO NOT have my original CCA. They have been trying to phone me for days now and today i got to speak to them, the person i spoke to didnt know what a CCA was (or so he said) and he said that he could`nt understand why this was another complaint, so i explained that HFC are in default and are in summary default by admiting the do not have my original CCA, therfore can not enforce any agreement i have with them, i have also sent for SAR )Subject,Access,Request), they have a copy of my passport so i should have that by the end of feb, as for the CCA they are on the backfoot and when approx 16 days are over if i`m no further forward with my CCA request then i am sending a big complaint to the OFT/Trading Standards/ the Information Comissioners Office.

Do you know of what penalties the above groups can enforce as i have other issues, the mis-selling of PPI being one of them.?

 

Regards

Gordon

[phatram]

Dont know about penalties.

I would start a thread in PPI and one of the experts will assist you.

Good luck.

[phatram]

This is on its way to Marbles.

 

 

 

 

22/01/08

 

 

 

HFC Bank Ltd

PO Box 3607

BIRMINGHAM

B1 2XJ

 

 

 

 

Your Ref: xxxx/xxxx

 

 

Marbles ACC NO - xxxx xxxx xxxx xxxx

 

 

 

 

Dear Ms Mulligan

 

Thank you for your letter of 16/01/08 in response to my legal request and complaint.

 

A I stated in my previous correspondence to Ms S Smith however, the document that HFC have so far provided is mostly illegible and 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 Ms Smith’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 Marbles 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.

 

 

Please also note that as HFC are now in 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,

[gordonsanderson]

Hi phatram,

That looks and sounds similar to what i`m working on if HFC come back again with a silly uninformative piece of paper.

 

Nice one, hope you are successful, i`ll keep watching.

 

Regards

Gordon

[PriorityOne]

Good luck guys... HFC have now removed my 'phone numbers from their database !! Result. I'm still expecting to hear something in due course though, but whether they refer me to Weightmans/Restons or flog the acccount out remains to be seen....

 

All very quiet for now though...

 

[gordonsanderson]

Hi PriorityOne,

If HFC have removed contact details, and if they flog the account, will you have to go through it all again with DCA`S or whom may have taken the account over? or can you pre-empt their next strike?, just with my opinion, i would think that because HFC have not fullfilled their legal obligations, then surely "IF" they did sell, and who ever it maybe that takes it over surely they`ve no hope at all of a resolution in this case as at the first attempt HFC were and have been in default from the outset, if that is the case they are very very silly in the presumption that they`ll get what they want without any legal compliance.

 

Regards Gordon

[PriorityOne]

If they flog the account on... then I'll get the bubbly out, before writing to let them know that the account is still in dispute through the original request.

 

If HFC haven't got a CCA, then a DCA is not likely to have it either... otherwise there'd be no point in HFC farming out the account in the first place.

 

[gordonsanderson]

Hi PriorityOne,

So basically their goosed, they seem to like arguing the toss about what we can and cannot except, stuffum,stick in there and we`ll all open the bubbly when they try and take us for granted.

I watch with interest as i`m in a similar postion.

 

Nice one

Regards gordon

[phatram]

Received today,

 

Debt Litigation and Recovery Services

P.O. Box 13501, Birmingham, B2 2FB, Office Hours 9am-9pm Mon-Friday, 9am-3pm Saturday.

 

 

 

 

29th January 2008 Dear Mr xxxxxxxx

 

Client: HFC Bank Ltd

 

Credit Card Number: xxxx xxxx xxxx xxxx

 

Balance: £xxxx,xx

 

We have received instructions from the above named client to initiate formal debt collection proceedings for the unpaid debt as detailed above.

You must telephone our office within 72 hours to confirm the date on which full payment of the above balance will be made, or to make immediate payment via Debit or Credit Card. If paying by cheque your payment must be sent to us at the address above.

If there is a genuine reason why you cannot settle this debt immediately please call me now on freephone 0800 0121 417.

Failure to make full payment may result in legal proceedings being issued, and additional costs being charged to you.

Please do not underestimate the seriousness of this matter. We strongly recommend

 

that you act on this immediately.

 

Yours sincerely,

 

Recoveries Department

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

 

Debt Litigation and Recovery Services is a trading name of D.L.R.S. Limited

 

Registered in England No 632204. Registered Office 288 High Street, Slough, Berkshire, SL1 1MB.

 

Consumer Credit Licence No. 270639

 

They still have not replied to my last letter, so what should I do now?

[gordonsanderson]

Hi Phatram,

If i were in your position, i would send all copys of all correspondance to the above, what they are trying (in my view) is trying to put the frighteners on you, they have not fully responded with your request, so ask them again with all (as i said) documentation as proof of being sent, if they dont comply they are still in the

wrong, WHAT MAKE A PHONECALL SO THEY CAN CHARGE YOU MORE, EVEN THOUGH THEY HAVE FAILED TO HONOUR YOUR REQUEST, Ball hooks my friend, if you've got them.......then use them, if you dont have them then courage is best, stand firm and send the mail ( correspondance), they can not enforce without complying to your request, then take it from there.

 

Regards

Gordon

[phatram]

Thanks

[phatram]

Received today,

 

Debt Litigation and Recovery Services

P.O. Box 13501, Birmingham, B2 2FB, Office Hours 9am-9pm Mon-Friday, 9am-3pm Saturday.

 

 

 

 

29th January 2008 Dear Mr xxxxxxxx

 

Client: HFC Bank Ltd

 

Credit Card Number: xxxx xxxx xxxx xxxx

 

Balance: £xxxx,xx

 

We have received instructions from the above named client to initiate formal debt collection proceedings for the unpaid debt as detailed above.

You must telephone our office within 72 hours to confirm the date on which full payment of the above balance will be made, or to make immediate payment via Debit or Credit Card. If paying by cheque your payment must be sent to us at the address above.

If there is a genuine reason why you cannot settle this debt immediately please call me now on freephone 0800 0121 417.

Failure to make full payment may result in legal proceedings being issued, and additional costs being charged to you.

Please do not underestimate the seriousness of this matter. We strongly recommend

 

that you act on this immediately.

 

Yours sincerely,

 

Recoveries Department

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

 

Debt Litigation and Recovery Services is a trading name of D.L.R.S. Limited

 

Registered in England No 632204. Registered Office 288 High Street, Slough, Berkshire, SL1 1MB.

 

Consumer Credit Licence No. 270639

 

 

They still have not replied to my last letter, so what should I do now?

bump

[phatram]

Debt Litigation and Recovery Services

P.O. Box 13501,

Birmingham, B2 2FB,

Dear Sirs,

Thank you for your letter dated 29th January 2008, although I must admit to being a little surprised as to why you have felt the need to write to me.

My account with HFC is in dispute for reasons I will only discuss with HFC.

I have no problem enclosing copies of my correspondence to HFC so you can see for yourselves that you have no right to order me to do anything.

HFC have failed to comply with my CCA request and are now committing a criminal offence by their failure to do so.

I have nothing more to say on this matter to yourselves and remind you that I have done nothing wrong, unlike HFC!

Yours faithfully

How does that sound?

[gordonsanderson]

Hi Again,

Have you reported them to/complained to trading standards, the OFT,commissioners information office or the FOS ? if not then i think you should do this ASAP, then you can attach the responses you recieve to you outgoing letter that you send to the people your dealing with now, as this would add a bit clout and should start getting you results.

 

Regards

Gordon

[phatram]

Hi Gordon,

I am in the process of doing that.

Regards

P

[PriorityOne]

I suspect that these guys are part of HFC's in-house brigade.... as the addresses are very similar.

 

A brief letter ( by recorded delivery) pointing out that the account remains in dispute through non-compliance of a CCA request made on xx/xx/xx should be enough. No dealings on the 'phone though...

 

Mine are normally along the lines of :

 

Dear Sir/Madam,

 

Your Ref :

 

Thank you for your letter of xx/xx/xx. However, a legal request was made for a true copy of my Consumer Credit Agreement (Consumer Credit Act, 1974) on xx/xx/xx.

 

Until such times as your "client" is able to comply, the account remains in dispute and is legally unenforceable. I therefore suggest that you liaise with your "client" before contacting me again.

 

Yours faithfully,

 

 

If yours hasn't gone off by rec. delivery, then I suggest you re-send it.

 

[phatram]

Thanks

[phatram]

I am a bit stuck as to what to put in letters to FSA TS etc.

Are there any templates anywhere?

[PriorityOne]

There are no templates on here as far as I know. Situations will probably differ between people... so it's best to draft up your own complaint and post it up here for checking, if you're unsure.

 

Personally, I would hold fire for now.... and if you get any more grief, file a complaint then.

 

[phatram]

I've sent this,

 

06/02/08

 

 

 

 

 

Debt Litigation and Recovery Services

 

P.O. Box 13501,

 

Birmingham, B2 2FB,

 

ACCOUNT NUMBER xxxxxxxxxxxxxxxx

Dear Sir/Madam,

 

Thankyou for yourletter of 29th January 2008. However, a legal request wasmade for a true copy of my Consumer Credit Agreement (Consumer Credit Act,1974) on02/11/07.

 

 

 

Until such times as your "client" is able to comply, the account remains in dispute and is legally unenforceable. I therefore suggest that you liaise with your "client" before contacting me again.

 

 

 

 

 

Yours faithfully,

[gordonsanderson]

Hi Phatram,

Yes this seems fine, below is a second response made by me to a lackluster CCA from HFC, you can use it as an example and edit as you see fit.

http://i272.photobucket.com/albums/jj161/nodrog1972/responsetoCCADaramola.jpg

http://i272.photobucket.com/albums/jj161/nodrog1972/responsetoCCAdaramolaa.jpg

[phatram]

Thanks Gordon

[phatram]

This just arrived from DL AND R

Debt Litigation and Recovery Services

P.O. Box 13501, Birmingham, B2 2FB, Office Hours 9am-9pm Mon-Friday, 9am-3pm Saturday.

 

7th February 2008

Dear Mr xxxxxxxx WITHOUT PREJUDICE

Credit Card Number: xxxx xxxx xxxx xxxx Balance : £xxx.xx

DLRS would like to offer you the opportunity to settle the outstanding debt on the above account at a reduced amount, which could represent as little as 60% of the current balance.

If you can pay a reduced settlement amount either in one lump sum, or by monthly repayments, please contact Debt Litigation and Recovery Services now on 0800 0121 417 to find out how much discount you are eligible for.

This offer is valid from 14 days from the date of this letter. After this period, this offer will lapse. If you are unable to take advantage of this short settlement offer, you must still call us immediately to make a satisfactory arrangement to repay this debt.

Please do not miss out on this genuine opportunity to settle this account at a substantial discount and help to resolve your financial difficulties.

Unfortunately, if we do not hear from you, we will have no option but to take Court proceedings against you to recover the full outstanding balance. This will add legal costs and further interest to the debt and, unless you settle the full amount, will result in a County Court Judgement being registered against you. We may then enforce this judgement by applying for: -

• An Attachment of Earnings Order, to have repayments deducted directly from your salary and sent to the court by

your employer; . A Charging Order to have the debt secured against your property, or:

A County Court Bailiff to visit your home to seize goods to the value of the judgement debt.

This is your final opportunity to resolve this matter, your action will decide the outcome. Yours sincerely,

Recoveries Department

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

[PriorityOne]

60% off the current balance.... yes, I bet they would.... Wonder if I'll get one of these soon ?

 

You can probably ignore this one, as they've already had a bog off letter... If you don't want to though, I'll be back with an appropriate response later on, unless someone else beats me to it. I have to log off in while...