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    • Ok so Starling came back to me and said they have made some changes on my account and I should now be able to use the 'switch' option. I have a Monzo account which I opened when I opened the Starling account, but I have not used it as yet because I was happy with Starling. I feel like I am seriously running out of options. If Monzo do the same as Startling and let me set up all my direct debits and standing orders etc and then tell me they're closing my account in so many months, what do I do then? Where do I get a bank account?  I have applied to Nationwide, got the account set up and all the details etc. Then today received an email saying sorry they were not going ahead with the account and it would be closed today. They didn't give me the option of a super basic account. I have tried RBS and Co-op too and they basically did and said the same.  I feel like a leper or something. I have only defaulted on my loans one month. It hasn't even shown up on my credit report yet, but these knock backs are definitely to do with my credit score because RBS said " Unfortunately, having made those checks we are unable to proceed with opening your account at this stage."  I don't know what to do.  I did open a Co-operative account and have all the details and even a debit card, but when I'm trying to register for online/mobile banking it is just saying for security reasons the account is locked and to call this number, which I managed to get through to the other day after holding for an hour. I am on hold again now but with what's happened with Nationwide and RBS, I am not feeling particularly optimistic. Any advice on where to go or what to do next? x
    • Thanks for coming back and letting us know.  This is much appreciated because sadly most people don't. We have a new Alliance case which has pushed me to look at old cases.  The good news is that, for all their bluster, Alliance have never had the bottle to take a Cagger to court. Please do come back though if they ever send you a Letter of Claim.
    • Thanks for this update. Well done it's a good result. Typical of this company EVRi – they dangle you around for over a year and then tried a quibble to try and save a few quid – but actually it's not about saving money it's about saving face. I don't see why they bother to save face because they have no shame. They were prepared to smash up your mother's birthday and then refused to pay you out a paltry 75 quid or so – even though they know full well that you have third-party rights and they know full well that the little insurance scam is contrary to section 57 and section 72 of the Consumer Rights Act. I wonder what they would do if it was their own mothers? Well done for standing your ground. Well done for resisting mediation which would simply have added an extra stage to the process and of course they would then have threatened you to keep quiet if you revealed what had happened. You can see they are desperate to avoid further judgements against them. They know that what they are doing is unlawful but it is making them huge profits and they don't want to rock the boat! Hopefully you have learned enough that if this kind of thing happens again with EVRi or any other company, you will feel confident about taking it forward although of course we will be here to help you and support you as you need. Thank you for the donation. I am sending you an email about this.  
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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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HFO Services


GAVH1981
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I recieved a letter from HFO today, and enclosed was a Credit agreement that i signed 3 years ago with Welcome Finance. I want to get this debt cleared up. So can i Make an offer of what i can afford and can they refuse this?

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Hi Gav...is the agreement enforceable ? does it have the prescribed terms ? is it legible ? is it properly executed ?.....take of the personal details and post it on here to let one of the experts see if it correct !!!

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Excellent scan Gav.....just wait until somebody more knowledgable comes along to see if it is actually enforceable and has the prscribed terms...a good guy to ask is expert cagger Peter Bard....PM him with a link to your thread and he can work out the exact figures...(he may not be able to reply immediately as he is a busy guy on these forums)....

 

Also this might be useful....(also from Peter Bard)

 

IS MY AGREEMENT ENFORCEABLE( Via section 127(3) CCA1974)

PRESCRIBED TERMS FOR THE PURPOSES OF SECTIONS 61(1)(0) AND 127(3) OF THE

CONSUMER CREDIT ACT 1974 Taken from sced.6(1983/1553) regulations

(If you just want to find out, skip the bits in between the stars it’s just some extra information)

 

**What do we mean by unenforceable?

In the Consumer Credit Act section 127 there is a provision for making an agreement unenforceable if it does not contain certain pieces of information.

Subsections 1,2,3,4 state which pieces of information these are, and everything mentioned there must be included within the body of the agreement, if one is missing the agreement is unenforceable.

 

How does unenforceable differ from enforceable with a court order only?

When an agreement is unenforceable it means that the court or the judge cannot make a ruling on it. The court cannot make it enforceable.

When an agreement is enforceable only by ruling of the court it means that the agreement can be stopped by the debtor but the court has the power to re-instate it and allow the credit to continue to enforce.**

 

The Prescribed Terms are these

 

A Amount of credit

A term stating the amount of credit

 

B Repayments

A term stating how the debtor is to discharge his obligations under the agreement to make the repayments, which may be expressed by reference to a combination of any of the following-

(a) Number of repayments;

(b) Amount of repayments;

© Frequency and timing of repayments;

(d) Dates of repayments;

(e) The manner in which any of the above may be determined; or in any other way, and any power of the creditor to vary what is payable.

 

C Rate of interest

A term stating the rate of interest to be applied to the credit issued under the agreement

D Credit limit

This may be a term or the manner in which it will be determined or that there is no credit limit.

--------------------------

 

Which of these applies to you depends on the type of agreement you have?

 

For a Running Account (credit card) agreement

 

BC and D Apply

 

For a Restricted Use Debtor Creditor Supplier

  • Where the dealer is the supplier and the creditor is the one providing the finance.
  • The money can only be used for the purpose it is given.
  • There is no interest on the purchase (the cash price is the same as the total price)
  • And there is no advance payment

A is applicable

 

For a fixed Sum Credit Agreement

A conventional credit agreement with none of the above restrictions

 

A and B apply

 

For a Hire Agreement

 

B is Applicable

 

This paper only covers section 127(3) of the Act agreements can also be unenforceable by contravention of sections 1 and4 this will be the subject of the next paper.

Please note that these Prescribed terms where not changed in any way by the 2004/1482 Ammendments although the form in which they appear on the agreement was. Subsection127(3) was repealed on the 6th of April 2007 so that unenforceability due to 127(3) will only apply to agreemens executed before that date.

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I have worked the payments out £148.31 x 24 = £3559.44 yet the amount of the loan figures show £2511.71. Hardly a good credit bargain! I should think that this would alone make it unenforceable.

 

As already stated ask PeterBard to have a look, or alternatively post the agreement on the Consumer Credit Agreement thread in General.

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HI

I have checjed the APR and it workds out to be 14.356% which is within the tollerence prescribed by the regulations.

This is a fixed sum unristriced use agreement the prescribed terms for which are the amount of credit and the repayment details these seem to be included within the agreement.

There are no cancellation details whitch would mean that it was signed within the creditors premises and therefore undcancellable is that correct?

 

Best regarrds

peter

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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  • 4 weeks later...

just not enough people complaining about hfo as this letter i got today explains

 

Consumer Credit Act 1974 ('The Act')

Complaint Against: HFO Services Limited

Licence No: 555914

 

Thank you for your email received on 17 December 2007, regarding the problems you have been experiencing with the above trader.

 

We are always interested to receive complaints such as yours as they are a vital source of information in helping us to investigate the behaviour of traders that hold consumer credit licences. The trader you have complained about does hold a consumer credit licence.

 

If a business wishes to be involved in activities relating to consumer credit or hire, including debt collection, they must have a consumer credit licence. The Office of Fair Trading (OFT) has a duty to monitor the fitness of all traders that hold a consumer credit licence. In considering fitness, we take into account whether a business has engaged in unfair business practices. This includes any evidence that traders have not complied with any guidance issued by the OFT. The OFT has, for example, issued guidance to consumer credit licence holders engaged in the debt collection industry. The guidance sets out minimum standards that we expect of debt collection traders, consistent with fitness to hold a consumer credit licence. The guidance is intended to ensure that debt collectors treat debtors fairly. Non-compliance with this guidance will call into question the fitness of licence holders and applicants.

 

We investigate all complaints received about consumer credit licence holders and, where we have the necessary evidence, we do take appropriate action. In our initial investigation of all complaints we consider how many complaints we have received overall and how strong the evidence is to support any action. It is unlikely that a licence would be revoked on the strength of one complaint. Where we have strong evidence that unfair business practices have occurred, we may take steps to revoke or refuse the licence of the business in question. However, if we are to do this we need to take account of factors such as the number of complaints received how recent they are and how well evidenced. In cases where evidence is less strong we may issue a warning letter to the business putting it on notice that its behaviour, if repeated, will call their fitness to hold a licence into question. Any action we do take has to be proportionate. If an approach from the OFT makes a trader change its behaviour and treat consumers fairly in future, this is preferable to putting a trader out of business.

 

If we do take any licensing action against this trader it is likely that we would need to disclose your identity to this trader along with details of your complaint. I should therefore be grateful if you would provide me with written authorisation to disclose these details to the trader. I have enclosed a disclosure consent form for you to sign and return to me.

 

We have noted the details of your complaint, to consider alongside any other complaints we have received with a view to any licensing action we may decide to take. We may therefore contact you again if we require further information. Meanwhile, given that the sanction of licence refusal or revocation is such a significant one there are constraints built into the process for taking such action. For example, because of restrictions in Part 9 of the Enterprise Act 2002 relating to disclosure of information, we cannot disclose specific details about any action we may take, nor comment on any adverse information we hold on individual licence holders.

 

Unfortunately the OFT has no power to intervene in individual disputes, and therefore we are unable to assist you directly in this matter. However, you will be able to obtain practical advice by contacting Consumer Direct either by telephone (08454 04 05 06) or online at www.consumerdirect.gov.uk.

 

Consumer Direct is the first point of call for consumers, providing first tier advice on a range of consumer matters, including advice on shopping, information on consumer rights and practical guidance on individual problems and how to gain redress. Where further help is needed, such as specialist advice, face-to-face assistance, or intervention, Consumer Direct refers consumers to another agency, such as Trading Standards Service, that is best placed to assist.

 

Furthermore, the Financial Ombudsman Service ('FoS') can help with most complaints about consumer-credit products and services if the consumer has failed to satisfactorily resolve the matter directly with the financial institution itself. The FoS can be contacted at:-

 

The Financial Ombudsman Service

South Quay Plaza

183 Marsh Wall

London E14 9SR

Tel: - 0845 080 1800

 

www.financial-ombudsman.org.uk

 

I have also enclosed details of organisations which may be able to assist you. Thank you again for writing to us and bringing this matter to our attention.

 

Yours sincerely

 

 

Miss Jo Kwok

Enquiries and Preliminary Investigations Centre

Markets and Projects

Permission To Disclose Complaint

 

Consumer Credit Act 1974 ('the Act')

Complaint Against: HFO Services Limited

Licence No: 555914

 

Reference: Epic/Enq/E/22497

 

*Please delete as appropriate

 

I give/do not give* my consent for the Office of Fair Trading (OFT) to disclose details of my complaint concerning the above trader, including my name and address details, in any further action that it may take under the Act or under any other legislation administered by the OFT.

 

I also confirm that I have no objections/object* to the OFT using the information provided by me in the performance of any of its functions and disclosing that information to others where legally permissible. By way of example, the OFT may disclose such information in connection with enforcement or regulatory action under its own powers or may refer the information to another government department or enforcement authority.

 

Signed: ………………………………………………………………… ……………………

 

Print name: ………………………………………………………………… ……………..

 

Address (Please print): ………………………………………………………………… …

………………………………………………………………… ………………….

………………………………………………………………… ………………….

………………………………………………………………… ………………….

………………………………………………………………… ………………….

Date: ………………………………………………………………… ……………..

 

Please note the OFT can only use your details in any action we may take against the above trader if you give your written permission for us to do so.

 

 

 

 

Additional contact details

 

In the event of the OFT needing to contact you for further information, it would be helpful if you could provide the following contact details. Please note these further details will not be disclosed to the trader.

 

Telephone number: (Home)……………………………(Mobile) ……………………….

 

Preferred time of contact by telephone: ……………………………………………….

 

E-mail address: ………………………………………………………………… …………..

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