HFC BANK Marbles card and CCA issues mr.p.

[PriorityOne]

On 2nd thoughts.... I think you can ignore this one and file it away. Going by the date on it, it must have clashed with your one to them anyway.

 

[phatram]

Latest statement has arrived.

Interest is still being added, plus late fee and £12 default fee.

[PriorityOne]

I suspect that's just an attempt to push your buttons, so to speak.... and get you on the 'phone. The account is still in default of a CCA request, so they can add what they like (although they shouldn't).... it remains an unenforceable debt. Ignore it...

[Soo43]

this is HFC tact - we are also having a wrangle with them.....i am waiting to hear from them as i have already informed them that they can not proceed with any further action as the account is in dispute.

[gordonsanderson]

Hi phatram,

i think now is the time to gather all your documentation, collate it appropiately, and send it recorded to the oft, trading standards, the information commissioners office, and the fos. Post the docs ASAP, then wait for your replies, meanwhile as you have stated to the bank via your CCA request, (that they have failed to properly act on), they are not by law to alter you credit file while they are in default, any such doings constitute as criminal acts, as a bank should know better this will count against them also. Only If you are absolutely positive that they have failed in their duty to supply you with all of the documents that are consistant and part of your CCA ,should you stand firm,and make copies of all documentation, if they wish to take the matter to court then they would be rather foolish, i think that maybe this is to make you panic and submit you, to get what they want from you,as i said only if you are completley sure they have not done what you have lawfully requested of them ,stand firm, collate and copy all documentation, then send it to the above groups ASAP.

Stuffem!!!

Regards gordon

[phatram]

HFC

BANK

PO Box 3607, Birmingham, Bl 2XJ

 

 

 

 

 

Your complaint is being investigated by: Annette Mulligan Central Complaints Telephone: 0845 602 3793

Mon-Fri at 9:00am-5:00pm

 

 

 

 

19 February 2008

 

Dear Mr xxxxxxxx

 

Re: Account xxxx xxxx xxxx xxxx

 

Thank you for your letter of 8 December 2007 informing us of your further concerns. Your letter has been referred to me for investigation as a member of the Central Complaints Department. Please be advised that I would have been happy to address your concerns verbally, however, we do not currently have your telephone number on file.

May I begin by apologising for the delay in responding to your concerns, which are that the legal agreement provided to you is illegible. Please find enclosed a further copy for your ease of reference.

I trust that you have received my final response letter which clarifies our position in this matter, however, should you have any further queries please do not hesitate to contact the office.

Yours sincerely

 

 

 

 

 

Annette Mulligan Operations Manager Central Complaints

 

 

 

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

Group91900.1103L

The "copy" sent is still as bad as the first one and in big letters it says

 

YOUR PRIORITY APPLICATION FOR THE MARBLES CARD

Then,

credit agreement regulated by the consumer credit act 1974

this agreement is made betweenus, HFC bank plc whose registered office is at north street winkfield windsor berkshire and You the customer named below.

Application subject to status.

Application Number xxxxxxxxx Version 1

 

Most of the small print down the right hand side is illegible with words and in some cases whole sentences missing or blurred.

[gordonsanderson]

Hi Phatram,

Your post needs more clarity.

 

Regards Gordon

[phatram]

HFC

BANK

PO Box 3607, Birmingham, Bl 2XJ

 

 

 

 

 

Your complaint is being investigated by: Annette Mulligan Central Complaints Telephone: 0845 602 3793

Mon-Fri at 9:00am-5:00pm

 

 

 

 

19 February 2008

 

Dear Mr xxxxxxxx

 

Re: Account xxxx xxxx xxxx xxxx

 

Thank you for your letter of 8 December 2007 informing us of your further concerns. Your letter has been referred to me for investigation as a member of the Central Complaints Department. Please be advised that I would have been happy to address your concerns verbally, however, we do not currently have your telephone number on file.

May I begin by apologising for the delay in responding to your concerns, which are that the legal agreement provided to you is illegible. Please find enclosed a further copy for your ease of reference.

I trust that you have received my final response letter which clarifies our position in this matter, however, should you have any further queries please do not hesitate to contact the office.

Yours sincerely

 

 

 

 

 

Annette Mulligan Operations Manager Central Complaints

 

 

 

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

Group91900.1103L

The "copy" sent is still as bad as the first one and in big letters it says

 

YOUR PRIORITY APPLICATION FOR THE MARBLES CARD

Then,

credit agreement regulated by the consumer credit act 1974

this agreement is made betweenus, HFC bank plc whose registered office is at north street winkfield windsor berkshire and You the customer named below.

Application subject to status.

Application Number xxxxxxxxx Version 1

 

 

Most of the small print down the right hand side is illegible with words and in some cases whole sentences missing or blurred.

Sorry,

this letter arrived today.

[gordonsanderson]

Hi Phatram,

To be really honest.... if this is what they have sent you, and if this is what they consider to be a "True executed copy of a legal document", then i am affraid we are both dealing with the creme de la creme of true amatures.

Section 77 s1(a)(b)© are fully explained in the Consumer Credit Act 1974, if they cannot read or they are just blatantly stupid (both points being correct in my view of course) then they do not have a case and the credit/finance or loan agreement you have with them is still in dispute..

 

Regards Gordon

[phatram]

My thoughts exactly Gordon.

Thank you.

[phatram]

Could someone please advise me as to a reply to this letter from HFC?

[gordonsanderson]

Hi Phatram,

Gather a copy of all the letters you have sent them regarding your request for your CCA, then also type up a letter stating that they have failed on your numerous requests, then go to John Antell barrister and download the Consumer Credit Act 1974, then look through it carefully (sections 77-79), then create your letter and also state that this letter is you final response to this saga, that they cannot alter/charge or display and penalty of any form while the account is in dispute,then as i said in previous threads,collate all your documentation including the final response that you have typed up, then forward all documentation to Trading Standards, The Commissioners Office, The office Of Fair Trading, and the Financial Ombudsman,(all recorded delivery) then sit and wait.

 

Regards Gordon

[PriorityOne]

Ah... Ms. Mulligan... I have also had the "pleasure" . Her letter is quite polite, but her next one will probably cut you dead after she runs out of things to say. I've adapted my own response to her to suit your own situation.... send by rec. delivery and keep the receipt.

 

Dear Ms. Mulligan,

 

Your Ref : xxxxxxx

 

Thank you for your letter of 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 xxxxxxx’s, this document does not represent a legally binding Agreement under the above Act, whether legible or not. In fact, with the application documents that you have so far supplied on two occasions, the account remains legally unenforceable, under The Consumer Credit Act, 1974; section 127 (3).

 

Please be advised that any legal action you may be contemplating now or in the future will be vigorously defended on the basis of continuing to re-enforce an unenforceable document.

 

I trust this clarifies my position and yours and look forward to your considered response in due course.

 

Yours sincerely,

[gordonsanderson]

Hi P1,

What a nice little rendition, nice one.

 

Regards Gordon

[gordonsanderson]

Hi Phatram,

Below is an example of the kind of things you could include along with P1's example, edit as you see fit.

http://i272.photobucket.com/albums/jj161/nodrog1972/GordonHFCCCAresponsemain1a.jpg

http://i272.photobucket.com/albums/jj161/nodrog1972/GordonHFCCCAmainresponse1b.jpg

 

Hope this will help you out.

Regards Gordon

[PriorityOne]

Gordon, my only concern with your letter is that you're chasing that Agreement, when it's actually in your interests for them not to find it.

 

Nevertheless, you've made it reasonably clear that what they have is unenforceable and (hopefully) this should stop them from playing silly bergers and passing the account over for litigation.

 

[phatram]

Thanks folks.

[gordonsanderson]

Hi P1,

I understand what your saying as i have the agreement ,BUT!, not as what is expected of them, there have been times where i've given pointers for them to chase knowing fine well they cant come up with the goods,and knowing their replys are bascially rubbish, as in the past, the info they have used not been truthfull, ie the info they have provided the FOS about me, and i send those pointers so that they reply accordingly, and as it has happens they are doing themselves no justice what so ever in their replies, as they are completely incorrect, so that leaves me to collect all of the info they send and have sent, to build a case which they can not get out of, i mean it is partly to do with them owing me £5000 in PPI, but i'd rather give them a big fight in order to discredit their way of doing buisness, in my case it's personal.

 

Thanks again for your outlook....i think most case's seek the same diligence, but the results can be for different reasons.

 

Kind Regards Gordon

[phatram]

Hi Phatram,

Gather a copy of all the letters you have sent them regarding your request for your CCA, then also type up a letter stating that they have failed on your numerous requests, then go to John Antell barrister and download the Consumer Credit Act 1974, then look through it carefully (sections 77-79), then create your letter and also state that this letter is you final response to this saga, that they cannot alter/charge or display and penalty of any form while the account is in dispute,then as i said in previous threads,collate all your documentation including the final response that you have typed up, then forward all documentation to Trading Standards, The Commissioners Office, The office Of Fair Trading, and the Financial Ombudsman,(all recorded delivery) then sit and wait.

 

Regards Gordon

Hi Gordon,

the link doesn't work for me.

Regards

P

[gordonsanderson]

Hi phatram,

hope this sorts you out.

John Antell barrister

Regards Gordon

[gordonsanderson]

Hi phatram,

its not working, so you'll have to google the consumer credit act and look for that name.

 

Regards Gordon

[phatram]

Thanks

[elvisgb]

Pretty irrelevent really - but just a quick question - why did you cca them in the first place?

 

and is there a template to cca a credit card company floating about please?

 

I ask because I am pretty disappointed with Marbles. I have had an account with them for about 7 years and had never missed a payment. I then ran into financial problems last year and Marbles were the only credit card to refuse a reduced rate with no interest until I was sorted. I was only paying 5% interest so I wasnt that bothered at the time. Then my interest rate went up to 19% (after the Balance Transfer Promotion finished) and now this month, they have put up my interest rate to 26.9% without even a please or a thank you from them. I was paying £105 a month but now this means I will only be paying £25 off a month. It still says on my statement that my credit limit is £8500 and I have available credit of over £4000 though although they have told me that I cannot use my card. They also screwed me for 5 * £12 late admin charges of which I managed to get 3 refunded

 

Do I need to start a new thread - I wouldn't want to hijack this one

[car2403]

and is there a template to cca a credit card company floating about please?

 

Letter N;

 

http://www.consumeractiongroup.co.uk/forum/debt-bailiffs-advice/20758-creditors-dcas-letter-templates.html

 

Do I need to start a new thread - I wouldn't want to hijack this one

 

Yes please;

 

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

[phatram]

Pretty irrelevent really - but just a quick question - why did you cca them in the first place?

 

and is there a template to cca a credit card company floating about please?

 

I ask because I am pretty disappointed with Marbles. I have had an account with them for about 7 years and had never missed a payment. I then ran into financial problems last year and Marbles were the only credit card to refuse a reduced rate with no interest until I was sorted. I was only paying 5% interest so I wasnt that bothered at the time. Then my interest rate went up to 19% (after the Balance Transfer Promotion finished) and now this month, they have put up my interest rate to 26.9% without even a please or a thank you from them. I was paying £105 a month but now this means I will only be paying £25 off a month. It still says on my statement that my credit limit is £8500 and I have available credit of over £4000 though although they have told me that I cannot use my card. They also screwed me for 5 * £12 late admin charges of which I managed to get 3 refunded

 

Do I need to start a new thread - I wouldn't want to hijack this one

 

I CCA'd them for pretty much the same reasons you will be doing it.

But my problems with them only started after I claimed back charges.