Sharpman V HFC

[SharpmanTF1]

Hi Peeps

 

Sent a CCA request to HFC on 28Jan 2008, Signed for 29th Jan 2008.

Recieved today (05 Feb) a photocopy of loan agreement, no terms and conditions.

Along with a print out of the account and a settlment figure sheet.

 

My question is this. Does the CCA have to be the original because this looks like a photcopy of a faxed sheet. (at the bottom of the sheet is a line saying 'HFC Bank copy page 1 of ? (can't make out the other number as its blocked out by photo copy line)

Information on the CCA is refering to conditions overleaf, But there is no overleaf as they have not provided it.

Also do they have to provide t&c as was in force at the time of the cca.

 

Thanks

[hellhasnofury]

Hi Peeps

 

Sent a CCA request to HFC on 28Jan 2008, Signed for 29th Jan 2008.

Recieved today (05 Feb) a photocopy of loan agreement, no terms and conditions.

Along with a print out of the account and a settlment figure sheet.

 

My question is this. Does the CCA have to be the original because this looks like a photcopy of a faxed sheet. (at the bottom of the sheet is a line saying 'HFC Bank copy page 1 of ? (can't make out the other number as its blocked out by photo copy line)

Information on the CCA is refering to conditions overleaf, But there is no overleaf as they have not provided it.

Also do they have to provide t&c as was in force at the time of the cca.

 

Thanks

 

Hello Sharpman,

 

It would be great if the creditors sent us the original agreement, we could hide them.

 

Now there is a lot of discussion relating to what should actually be sent to you. There is the mammoth thread on this I will find the link to it, but it probably will take you a week or more to read.

 

Consumer Credit Act Agreements

 

Maybe this one as well, if your brain is not mashed

 

Guidelines - Requests For An Original Agreement Under The Consumer Credit Act 1974

 

My own view/opinion is that they should send you under section 77/78 of the CCA 1974, a copy of the true agreement, with the terms and condition applicable to the time of the loan/cc and a statement of the account to date.

 

The creditors will argue that they can send a copy of a credit agreement with all of the relevant information and can omit signatures.:o

 

If the case ever went to court, they would have to produce the original ca there.

[SharpmanTF1]

Hi,

 

After getting the CCA's I've now sent them a statement of means with a list of creditors etc and offer of pro rata payment.

 

I then get a letter back with the following content :

 

Account No ........

Thank you for your recent communication. In order to assess your ability, we require the following additional Information:

 

proof of household income, payslips etc......benefits ...

proof of secured loans

proof of hp - copy of agreement etc.

 

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

 

They've asked for this info within 7 days of reciept of letter.

Once they have this info they will asses me for pro rata payments.

 

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

 

I've already sent them a copy of I&E sheet with list of creditors etc on. and the pro rata schedule.

 

Are they being obstructive in their request. I begrudge sending them more information than i have to.

 

The I&E sheet that was sent was a result of a consultation with the CCCS, so the figures are pretty much accurate.

 

Any input appreciated.

 

Sharpman.

[PriorityOne]

you really need to scan this "Agreement" up on here for us to look at properly. If you register with Photobucket (free), this is fairly straightforward... but any probs. just shout.

 

How old is this loan... and is it a "loan" or a credit card ? When was it taken out ?

 

Don't forward them with any personal docs. and be very cagey about what you write back . HFC want to know if you own property and/or if you're working. Scan up the "Agreement first and we will take it from there.

 

[SharpmanTF1]

you really need to scan this "Agreement" up on here for us to look at properly. If you register with Photobucket (free), this is fairly straightforward... but any probs. just shout.

 

How old is this loan... and is it a "loan" or a credit card ? When was it taken out ?

 

Don't forward them with any personal docs. and be very cagey about what you write back . HFC want to know if you own property and/or if you're working. Scan up the "Agreement first and we will take it from there.

 

 

Hi,

 

Copy of agreement as suggested.

There was only one sheet sent, but from what I can see from the bit at the bottom, it's 1 of possibly 3 pages.

 

I'm not disputing that it's not signed as it clearly is, but they don't appear to have supplied the full agreement, as, in parts it refers to items on another sheet.

 

as i've said from a prvious post I've already sent them an I&E statement, so they are aware of secured debts etc.

 

Sharpman

Edited September 7, 2008 by SharpmanTF1
Updated image for agreement

[cashins]

My own view/opinion is that they should send you under section 77/78 of the CCA 1974, a copy of the true agreement, with the terms and condition applicable to the time of the loan/cc and a statement of the account to date.

 

The creditors will argue that they can send a copy of a credit agreement with all of the relevant information and can omit signatures.

 

If the case ever went to court, they would have to produce the original ca there.

 

During 1985/1986 a major finance company I worked for put all their agreements on microfilm and destroyed the originals. This has been suprceded by electronic imaging. with the possible exception of large loans and mortgages, there are no originals.

 

David

[SharpmanTF1]

need somebody who is a financial wiz to take a peek at the following pdf.

 

HFC Statements queryedited .pdf

 

it contains amongst other things a CCA agreement. I need to know if its a good 'n (no t&cs came with this sheet.

 

My real question is relating to the statements.

 

Now, my contractual payment was £xx.xx I paid over and above the contractual payment.

 

in one statement they have the actual sum I paid with the running total.

in the other statement they've split the sum recieved in varying ways the split is not always the same. My question is, doing it that way has it disadvantaged me in any way. Hope that makes sense.

 

A DD question - when a DD is setup the reference number should theoreticaly be the ref of the account number its paying towards? this does not.

 

 

 

Sharpman

[SharpmanTF1]

bump

[PriorityOne]

I'm not able to see the supposed Agreement, Sharpman. Is there any way you could scan this one up again to make it bigger ?

[SharpmanTF1]

P1

 

Heres a rescanned copy of the agreement in question.

 

 

Thanks

 

Sharpman

[SharpmanTF1]

any financial wizzes look at pdf on post 7 please

 

sharpman

[SharpmanTF1]

bump

[PriorityOne]

Hi Sharpman,

 

On the face of it, this does look like an enforceable Agreement, but it's worth posting a query on the long CCA thread to have it checked out on there as well. I'll post a link in a minute.

 

Failing that, I'd go about re-claiming any unlawful charges on this one, whilst maintaining token payments.

 

Link is here...

 

Consumer Credit Act Agreements

[SharpmanTF1]

Thanks P1, have done as you have suggested.

 

Sharpman.