stitched up by H.F.C- be careful

[Tawnyowl]

Had a debt with H .F. C.

Made me a offer to pay about half 200.00 which i did over 5 months in settlement of debt.Was flush at time.

Just received from my friends DLC that debt has been assigned to them.FOR THE BALANCE.

Got a feeling i have been stitched up- i have not got any documentation as i thought it had been sorted.

Any ideas as to how to proceed.

[pt2537]

erm,

 

firstly, i would be writing to the stating that the debt was settled and also have a look at your credit file and see if it shows the debt as satisifed

 

if they disagree and start playing silly beggars then plan B which is the famous CCA request to these new DCAs and see what they have to say

[Tawnyowl]

Found paying in book with the payment slips in. DLC HAVE WRITTEN TO ME AGAIN ALLREADY saying due to having failed to maintain payments they have been in touch with Land registry.Then the usual threats about charging orders etc.The final payment was made in March 2007.They have only had account about 2 weeks.

If the payments had not been made to H.F.C. i am sure they would have been in touch.

I am looking for a strong letter to send to DLC.I am sure i have seen one on here anyone point me in right direction.Thanks TAWNYOWL.

[Having_A_Knightmare]

You need to send a CCA request of to the clowns ASAP.

 

Also to ease your mind for them to get a charging order they first have to get a CCJ. To get a CCJ they have to prove the debt exists. Dont worry

 

HAK

[make them aktiv runners]

Had a debt with H .F. C.

Made me a offer to pay about half 200.00 which i did over 5 months in settlement of debt..

 

Do you have any evidence to show that they agreed a full & final settlement?

[car2403]

FYI - DLC are "in-house" to HFC, so I think it's unlikely they've assigned the debt to them in the way they say.

 

Also, if they were even considering trying for a CCJ/Charging Order, they would have hired "proper" solicitors, not some in-house outfit.

 

Send the CCA request and see what comes back, IMO. At the least, this puts the account in dispute until you've got more information to challenge them on.

[Tawnyowl]

Do you have any evidence to show that they agreed a full & final settlement?

Was all done over phone.I know.Now i know a bit more i would have insisted on it been put in writing.9 months with no contact then this-very strange.Will send letter saying the account was settled then cca them or should i send them both together.Thanks for help.

[car2403]

Was all done over phone.I know.Now i know a bit more i would have insisted on it been put in writing.9 months with no contact then this-very strange.Will send letter saying the account was settled then cca them or should i send them both together.Thanks for help.

 

If they've transferred the balance out to DLC, they will be pursuing you - it's wise to CCA them now.

[Curlyben]

Car, I thought DLRS were HFC's in house Monkeys ?

I believe that DLC are a separate company.

[car2403]

Oh, you could be right then CB - it's years since I dealt with any HFC Monkeys other than Restons...

[Tawnyowl]

It just seems so strange HFC were allways pretty quick if late with payments.

When arrangement made payments were made as agreed.

Last payment March- debt paid.

Celebration time one debt finally paid felt great.

It looks as if they then waited 9 months and then brought the debt back to life-not by getting in touch with me but by transferring debt to those wonderful reptiles at DLC.

More battles ahead.

Main lesson learnt-get everything in writing.

[sosumi]

Found paying in book with the payment slips in. DLC HAVE WRITTEN TO ME AGAIN ALLREADY saying due to having failed to maintain payments they have been in touch with Land registry.Then the usual threats about charging orders etc.The final payment was made in March 2007.They have only had account about 2 weeks.

If the payments had not been made to H.F.C. i am sure they would have been in touch.

I am looking for a strong letter to send to DLC.I am sure i have seen one on here anyone point me in right direction.Thanks TAWNYOWL.

Well now the 'Land Registry' letter's familiar. Myself and quite a few other people here have had them. It's not what it sounds like. I even checked our local Land Registry. Letter to prove it. If they did - and I doubt it - they might just have checked it online like anyone for the princely sum of £3. But I doubt it.

There's a thread here where one of the contributors admitted that he helped devise the letter. I'll go and find it.

In any case, are you saying, Tawnyowl, that they threatened you with a charging order for £100? Is that right? Which you don't owe anyway??

Tosh of the highest order. But I never have the courage to advise properly - the experts here know what they're doing and I don't... but this is total tosh and you need a tosh-busting letter from an expert, I think!

[sosumi]

Here y'go Tawnyowl

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/68114-ruthbridge-ltd-hillesden-securities.html

[stan5131]

Ok. This is how I would play it.

 

Send original creditor an SAR request by recorded delivery. You never know, I suspect there will be charges to reclaim back here too. At this point dont mention that they agreed a reduced settlement with you. When your SAR comes back check that it contains copy letters and transcripts of all telephone calls. If these are not included, then write back advising that they have not complied and you expect them by return. In the meantime, work out any charges on the statements. When you receive transcripts of the telephone calls this should give us something to work on.

 

Also send CCA to dca to put the debt in dispute for the time being. Hopefully they will not have a copy of the agreement any but we will cross bridges when we get to them.

 

Most important is do not alert them at this moment to the fact that they agreed a reduced settlement.

[Tawnyowl]

Due to bereavement have been slow to respond to this issue and now the account has been passed to Aplins solicitors giving me 7 days to respond to letter or court action will follow.Am just trying to find letter and am going to CCA solicitors and S.A.R - (Subject Access Request) original creditor HFC.Hope this is correct way forward.

Just a small point are DCAs moving a lot faster so we dont have much time to respond before court action as this case seems to have moved very fast.Tawnyowl

[car2403]

I don't know about DCA's in generally, tawny, but I definately think it is a policy of HFC (from my experience with them) to get to a CCJ stage as soon as possible. It usually means they don't want to give you the chance to challenge them! Even if you do, they will push ahead regardless...

 

Let them take Court action, I'd say - if you have a full defence you have nothing to worry about and why shouldn't YOU let THEM pay the Court fees for you?

 

Chin up...

[Tawnyowl]

Am going to send CCA to Aplins Anybody sent recorded to them.Have noticed they have PO box.Do they not have a address .Would like to get signature Just wondering.

[PriorityOne]

Who are Aplins working on behalf of ? DLC ?

 

If so, send the CCA to DLC and write to Aplins informing them that the account is now in dispute until such times as DLC can comply with a legal request.

 

Both by rec. delivery.

[Tawnyowl]

Yes they are working for DLC.Will do that it sounds a good way of doing things.Was just slightly worried that the speed they seem to be moving they would get it into court quicker than i could react.Your idea is a good one. Thanks Tawnyowl.Will also S.A.R - (Subject Access Request) HFC. Have just used the S.A.R - (Subject Access Request) generator.Brilliant idea.

[morteee]

DLC are muppets of teh first degree - cant wait til the new year and I have the time to hit them where it hurts!

[PriorityOne]

An account is in dispute the moment the CCA request is received and therefore, should prevent Aplins from getting it to court... if they have any respect for the law that is and, assuming that DLC inform them that a request has been received.

 

If it turns out that Aplins have no respect for the law, then they can be reported to the relevant authorities.... which is why it's important to inform Aplins of your actions (by rec. delivery)..... so that they can't plead ignorance of your request and, to make them aware of it even if DLC don't tell them.

 

[car2403]

You need to get that SAR off to HFC ASAP as it took them 73 days, a complaint upheld and 2 letters from the ICO and a threat of asking for a Court Order for Specific Performance before they bothered to send my SAR info!

 

The information they sent me was screenshots taken the day before it arrived with me, but they told the ICO that the delay was due to "offsite documents being retrieved from a non-central system" - so where did the screenshots come from then? Timbuktu?

[Tawnyowl]

S.A.R - (Subject Access Request) sent to HFC.With stitch up of year award.

 

CCA sent to DLC.With slimeballs of year award.

 

Solicitors sent letter advising account is in dispute.

Along with Solicitors desperation award.They must be to take these kind of cases on.

 

Special thanks to all CAGers who have helped me tremendously over many months with many different problems.Tawnyowl is now going back to nest- to

see in the new year with a drink or two or ---.Will report back in New year or when hangover wears off. Probably about March.

[PriorityOne]

Happy New Year, TawnyOwl... hope it's a good one for you.

 

[Tawnyowl]

Tawnyowl returns for 2008.Happy New Year everyone.

Biggest regret last year not being able to go to Christmas meet up in Manchester or London.Would have liked to have met a few of you-especially with names like Bookworm-Lula-Elsidore-Stan 5131-Gizmo-Zootscoot- the list is endlest.Ah well onwards.

Just receivedfrom Hillesden Securities

account no*********-Formally HFC Bank Ltd********-Consumer credit Act 1974.

Thank you for your recent letter regarding the above account this has been passed to me for attention.

I would confirm and advise the following-

1-I acknowledge receipt of your payment of 1 pound in connection with your data request under the Consumer Credit Act 1974.We are still awaiting a copy of your original agreement with HFC Bank.When this becomes available it will be forwarded to you.

2- If we are unable to forward a copy of the original agreement we will be able to supply a true copy of the document which will comply with section 78 of the Consumer Credit Act 1974.

Should you require anything further at this point please contact me accordingly.I will update you on developments in 21 days if there are no developments beforehand.

Yours sincerely

A E LOCKE

Director & Data Controller

Direct Line

01280 707513.