lies or default which would you fight first ?

[gordonsanderson]

Hi Everybody,

I've sent HFC bank a letter requesting my legal agreement,but i also have lots of evidence to show that HFC have lied to the ombudsman about my account, i was also defaulted in 2005 but didnt find out until i applied for credit in 2007, does anybody have a direction in which to persue first ie the lies or the default.

Many Thanks:)

[pt2537]

Hi there

 

when you say Legal agreement, i assume that you mean the Credit agreement?

 

now is the account open? or is it closed

 

to be honest, if you could provide a little more background detail as to whats happened that would be helpful

[gordonsanderson]

Hello Again,

I'm starting off with Rules, Rights and justice An introduction and i am really looking forward to it.

The letter asks, that , i have requested exact copies of the original loan documentation,with, total loan amount interest and monthly repayments including full APR breakdown, together with total and exact copies of the original PPI, including total interest and monthly repayments including full APR, this is a shortened version but you get the point, i have explained to them exactly what i want simply and easy for them to understand, i have also explained the time scale among other aspects.

 

regards:)

[pt2537]

hello

 

ah yes W100, youll enjoy that course as its a gentle start to a law degree, i did that one a while ago now but its a good start. just dont expect too much from it as its not a black letter law course as some expect

 

right then onto the more important matters

 

now then, if the account is closed, you cannot use the provisions of the CCA 1974 to demand a copy of your credit agreement and you would have to use a SAR

 

so i guess my first question is, is the account now closed??

 

if its not closed then we can use a CCA request to demand the info.

 

if the account is closed then we need to use a SAR .

 

the ppi if its been mis sold can be reclaimed so not to worry there and this really is a separate issues IMHO at this stage.

 

if you can confirm the account status that would be good.

 

also with the letter did you include any money? or a cheque as payment for the request . im just trying to establish what you have done so far so i can get a full picture

 

regards

paul

[gordonsanderson]

Hi again,

Yes the account is still open but in default, i am paying half the cotractual amount £152.00 per month. There have been many issues regarding my monthly payments. In March 2005 i seperated from my fiance though be it briefly, i approached HFC bank informed them that i could not make full monthly payments, though i could make half the contractual repayment "UNTIL" my circumstance changed. I was advised to make a total of three more payments at half the contractual amount, then i would qualify for a loan restructure, which, would have no affet on my credit file. I then did what i was advised, though instead of making three payments i made four. After these payments had been made, i recieved no communication at all, so contacted the bank in august, said that no payment would be made until my request had been honouredIthen continued with septembers payment (half the contractual amount) and set up a direct debit, when the payment was taken from my bank it was for the full contractual amount of £301.12, so of course it was later reffered back to HFC from which the defaulted my account. When i sent all the information to the ombudsman, HFC lied to them and said that no payments were made OCT/NOV 2005, and also that none were made OCT 2005-JAN 2005.According to my bank statements december's payment was not made due to the fact that i changed my payment date in OCT 2005, so of course HFC decided to take the payment on the new date and did also on the old payment date, which they claim to be in arrears, and with regards to OCT 2005-JAN 2006, their own statement of my account shows that payments were made. that and many other lies and tricks they have tried.

 

Reards Gordon:)

[pt2537]

ok heres what to do then

 

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

 

use the link and use letter N

 

send it to the company and include a one pound postal order,

 

do not sign the letter instead print your name

 

send it recorded delivery at the minimum

 

they will have 12 working days to supply you the requested info from the point where they receive the letter,if they fail to comply then they are in default and not entitled to enforce the agreement while the default continues which means you are legally entitled to withold payment until they send hte requested info.

 

you must follow the statutory procedure though to request the copy of your credit agreement and must send a one pound postal order to them

[gordonsanderson]

Hi Again,

Yes, that looks simple but more effective , and i can understand the reason for not giving my signature, i might get a response after new year hopefully, then which direction, i need to get the person before i get the loan sorted surely?

 

Regards

Gordon:|

[pt2537]

righty then,

 

i would suggest that you have a chat with your local trading standards with regards the issue of the person and see what they advise,

 

with regards to the Loan,

 

NO CCA = NO ENFORCABLE DEBT and there is nowt they can do to change that, well unless they produce a valid, properly executed credit agreement

[gordonsanderson]

Thanks a great deal, i'll keep you informed, it's gonna get interesting coz it's already been a year since i started, and i aint goin home with anything less than what i want.

Regards:)

[pt2537]

No Problem Gordon

 

lets see what they send first,

 

if they ignore the request, after the 12 working days, you can consider stopping payments and you are totally within your rights to do so. i bet you will get their attention then. (you must wait til the 12 working days expire after receipt of the request first)

 

one way or another we can get this sorted

[gordonsanderson]

Just me again,

When requesting PPI is that procedure similar to the CCA?

 

Regards:)

[pt2537]

Hi Gordon,

 

no the PPI is a separate issue and dealt with differently,

 

it may be an idea to post a new thread in the PPI forum, there are people who monitor that forum who are more knowledgeable in reclaiming PPI

 

 

thats my thoughts anyway

 

regards

 

paul

[gordonsanderson]

Your a star,

As i said i'll keep you informed bud!!

 

Kind Regards

Gordon :D

[pt2537]

No worries mate, if your ever stuck on W100,200,201 or 300 give me a shout and im sure i can give you a few pointers to send you in the right direction

[Penfold92]

Thanks a great deal, i'll keep you informed, it's gonna get interesting coz it's already been a year since i started, and i aint goin home with anything less than what i want.

Regards:)

 

 

Hi,

 

So what is it you want exactly? I am one of the few that feels inaccurate accounting can and should be dealt with via the Courts and full refunds given under the provisions of the CCA ammendments of 2006 section 140. But hey that is a whole other book...Banks should not be able to use the Law when it suits then lie or evade the truth when questioned...

 

Have a read of my Woolwich thread. It is not like yours, but you may be able to get the drift and see that in the end it may well be worth the fight...Mine went for nine months.

 

Good luck,

 

Penfold

[gordonsanderson]

Hi Paul,

Thanks for your interest in the courses that i intend to take through the OU, I'll take you up on the point, that you could point me in the right direction, "nice one bud" many thanks. I've sent the CCA so here we go.

 

Regards

Gordon