HFO Services - help needed

[sharondogf]

I sent a CCA request letter to HFO services on the 3rd December, today 17th December I have received a letter from them stating they enclose a copy application as requested. I have not received a statement of account as requested and I am wondering if this document they have sent that I have signed is enforceable and also should they not be supplying me with a statement of the account.

 

Could anyone advise me on my next step please.

[Curlyben]

Can you scan and post it here for us to have a look at.

Mind you after they say they have sent your APPLICATION form I doubt very much it is enforceable as they tend to be missing all of the prescribed terms.

 

 

S61(1)(a) CCA provides that, for a regulated agreement to be properly executed, it must contain all the prescribed terms of the agreement and conform to regulations under s60(1) – see Q1.14.

 

Reg 6(1) provides that the terms specified in Sch 6 to the Agreements Regulations are ‘prescribed terms’ for the purposes of s61(1)(a) and s127(3) – see Q8.2.

 

8.2 What if prescribed terms are missing or incorrect?

 

s127(3) provides that the court may not make an enforcement order unless a document containing all the prescribed terms of the agreement was signed by the debtor – see Q1.21.

 

If therefore any of the prescribed terms is missing, or incorrect, the agreement is not enforceable against the debtor, and the court is precluded from making an enforcement order.

 

 

8.3 What are the prescribed terms?

 

The prescribed terms specified in Sch 6 are as follows:

 

* amount of credit – see Q8.

 

* credit limit – see Q8.5

* repayments – see Q8.9.

* rate of interest – see Q8.6

 

Sch 6 was not amended by the 2004 Regulations.

 

 

Also check out Peter Bard's excellent thread on the subject: http://www.consumeractiongroup.co.uk/forum/general/103383-agreement-enforceability.html

[sharondogf]

Hi,

 

I have tried to scan it in but having problems I will try again

[sharondogf]

Culyben, I am having problems uploading the form, any suggestions?

[Having_A_Knightmare]

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

 

There is info in here regarding scanning

[diction]

Subscribed. My wife has precisely the same thing so I await your scan with interest.

[sharondogf]

I have finally managed to scan. Advice would be greatly appreciated on this. Many thanks

 

[Docman]

I'm sure that this is a non-starter for any DCA. Hopefully, HAK & CB will agree.

 

That said HFO are a nasty bunch who ignore the law, so carry on disputing the debt.

[diskmandave]

That's an application form and hasn't even been attempted to be executed by the creditor.

 

I can't see any of the prescribed terms set out in the Consumer Credit Act 1974 and moreso, what does it say in the top right hand corner...???

[pt2537]

erm dave, that bit in the top corner is irrelevent

 

because

 

 

 

 

 

it

 

 

 

 

 

doesnt

 

 

 

 

 

 

 

have

 

 

 

 

 

 

 

 

 

 

Any

 

 

 

 

 

 

 

 

 

 

 

 

PRESCRIBED TERMS

 

 

 

 

 

 

 

the words Pi$$ing in the wind springs to mind. they are on a loser, totally unenforcable , a nice S127(3) CCA me thinks:)

[sharondogf]

Thanks guys, but what concerns me is that in the signature section it does state this is a credit agreement regulated by the consumer credit act 1974.

 

What action should I take now?

[pt2537]

Hiya

 

it may as well have "ANDREX please use liberally" written across it cause its about as much use as a sheet of andrex

[sharondogf]

Is there anything I need to send to them now then, they didn't supply me with a statement of account that I requested. I am desperate to get this sorted because I am sure that now they have sent this to me and a covering letter requesting I contact them on receipt the phone calls will start. I did send them a telephone letter as well.

[diskmandave]

Thanks guys, but what concerns me is that in the signature section it does state this is a credit agreement regulated by the consumer credit act 1974.

 

What action should I take now?

 

The "agreement" is unenforceable Sharon. It doesn't contain any of the prescribed terms set out by the Consumer Credit Act. It's not even a credit agreement as it is clearly marked "application form".

 

I've recently dealt with something similar just last week, this is how I went about it, but bear in mind, I don't pull punches when it comes to DCA's!!

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/109902-diskmandave-wescot-4.html#post1285732

 

Regards, Dave.

[pt2537]

Just the mention of the Name DISKMANDAVE strikes fear into the hearts of even the most battlehardened DCAs:D

 

no seriously as Dave says its not a valid agreement and to be honest its not much of anything really

 

youve nowt to worry about with that document

[sharondogf]

Are there any template letters on the site to now send or is your version Dave allowed to be edited and used?

[Curlyben]

You have nowt to say to them until the comply with your CCA request. Remember the clock is still ticking and as such they are running out of time.

 

If they continue to demand payment passed the 12+month then a report to Trading Standards would be in order as they are chasing an unsubstantiated debt.

[sharondogf]

Sorry to seem a bit thick, when you mean comply with my CCA request, is that where I have asked for the agreement and statements, cos all I got in reply to my request was the application. Also I sent the CCA letter on the 3rd November so when have they got until? Sorry for questions but all this is confusing me!!

[diskmandave]

Are there any template letters on the site to now send or is your version Dave allowed to be edited and used?

You're more than welcome to edit any of my letters to suit, that's what this site is about!

 

Personally, i'ld be tackling this head on now, like in the thread referred to even though others have a different opinion. It's about how you want to proceed, personally I prefer to enforce closure ASAP.

 

Don't forget to send by recorded, or if funds will stretch Guaranteed Delivery because Barclaycard are a bugger for not signing for recorded.

 

Regards, Dave.

[diskmandave]

Sorry to seem a bit thick, when you mean comply with my CCA request, is that where I have asked for the agreement and statements, cos all I got in reply to my request was the application. Also I sent the CCA letter on the 3rd November so when have they got until? Sorry for questions but all this is confusing me!!

Your situation on this is nearly identical to that of my Wescot thread, if you're wanting to tackle this you just need to edit my letter.

 

Regards, Dave.

[diskmandave]

I have also taken on Barclaycard and won!

 

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/101162-diskmandave-barclaycard-x2.html

[sharondogf]

Well I'm going for it a letter is on its way. Dave, hope you don't mind but I will adapt the letter you have for Barclaycard as it is appropriate for me. Cheers

[diskmandave]

Good luck with it Sharon, don't forget to keep us updated and if there's anything you need to ask, just ask!!

 

One thing of note though.... Barclaycard never signed for a single letter of mine but did eventually respond to them..

 

Good luck & best wishes, Dave.

[stan5131]

Can I ask where you completed the application form? I notice PPI and Card protection is ticked?

 

Having worked for Barclays, I personally know that any ticked PPI or CPP that is not initialled can be challenged.

[stan5131]

This