HFC/Weightmans Advice

[mazel01]

What happens to the issue of 2 default notices being served on the same account?

 

Also, their failure to follow data protection reg's whilst on the phone to me?

[rory32]

Is this referring to the S.A.R - (Subject Access Request) that I sent HFC?

 

Yes.

Is it still ok to include this section in the letter?

Yes because you informed Weightmans on the phone that the account was in dispute.

What happens to the issue of 2 default notices being served on the same account?

We can deal with that as part of your defence.

Also, their failure to follow data protection reg's whilst on the phone to me?

While you could make a complaint about it unless you recorded the call they could just deny it.

[mazel01]

Thanks again Rory, I will get that letter off 1st thing tomorrow & keep the thread updated as and when I receive something.......

[mazel01]

Additionally, this action you propose is clearly quantifiable as retaliatory due to my own claim against your client to recover unlawfully levied penalty charges and PPI

 

Rory, just getting the letter ready. Do I keep this section in or not?

[rory32]

I would keep it in.

[mazel01]

Finally Rory, what about HFC with regards to my SAR.....they have only sent me a statement of account & a standard letter which I have added below:

 

This is the HFC letter Received:

 

Dear xxxxx

 

Thank you for your letter requesting information about transactions and charges on the above account.

 

Copy of your statement has been enclosed covering the period in question. We are happy to waive any fees for the production of this information; therefore, please find enclosed your £10.

 

Although many of our systems are automated, a "manual intervention" by HFC staff may be required in a variety of situations including, account opening, dealing with correspondence or telephone calls and from time to time during account administration.

 

Should you require any further information, regarding the above account, please contact our customer service department on 0870 010 0453, who will be happy to assist you.

 

Yours Sincerely

 

HFC

[rory32]

If the 40 days are not yet up send them template 1 from here

[mazel01]

Thanks so much again Rory for all your help & guidance.

[mazel01]

Is it 40 calendar days from the date letter was sent to them (if recorded) or from the day they signed for it?

[rory32]

From when they received your SAR, so the date that they signed for it.

[mazel01]

They signed for it April 2 so May 11th is the 40th day. So the letter I am sending will give them 10 days to fully comply with my SAR......have I calculated that correctly?

[mazel01]

Just received the court papers & don't know where to start.

[rory32]

have I calculated that correctly?

Yes.

Just received the court papers & don't know where to start.

What are the Particulars of Claim?

[mazel01]

Particulars of Claim

Breach of agreement pursuant to the consumer credit act 1974. (1) The defendant entered into a written agreement with the claimant. This agreement is regulated by the consumer credit act 1974. (2) The defendant is indebted to the claimant in the sum of £17543.41 and in respect of the said agreement under account number xxxxxxxxx and maintained by the defendant at the Claimants branch and the sum of £2793.52 in respect of costs under the said agreement. (3) In breach of the said agreement, the defendant failed to make payment in accordance with the agreed payment terms and the claimant issued and served a default notice upon the defendant and pursuant to section 87(i) of the consumer credit act 1974. (4) By letter from the claimant to the defendant, the claimant demanded repayment of the said sum, but the defendant has failed to repay the sais sum. (5) In the premises, the defendant is indebted to the claimant in the sum of £20,336.93.(6) The claimant therefore claims the balance under the agreement.

 

Amount Claimed: £19836

Court Fee £310

Solicitors Costs £100

 

[mazel01]

Rory, do I still post those 2 letters today as discussed earlier?

[42man]

Not wanting to take away any of the hard work Rory has done here....you need to acknowledge the claim within 14 days on the date of the court papers, and then you have another 14 days to submit a defence....

 

This is the document that is usually sent out....send this to Weightmans by recorded and have a read on the legal forums....

 

In the XXXX County Court

Claimant -v- (YOUR NAME)

Claim Number: (CLAIM NUMBER)

 

 

Dear XXX

 

REQUEST FOR INFORMATION

 

I have received a recent court claim from your organisation. In order to file a defence and counter claim I require some information. Given that this matter is now the subject of legal proceedings, you are obliged to disclose under the Civil Procedure Rules, the information and documents detailed below.

 

The information must be furnished within fourteen days of the receipt of this letter. If you fail to comply, this will be reported to the Court, a copy of this letter will be provided as evidence to the same and an Order enforcing your compliance will be sought.

 

1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.

2. All records you hold on me relevant to this case, including but not limited to:

 

a. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor

b. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with *********.(AMEND TO THE COMPANY NAME)

c. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

d.Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

e. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

f. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

g. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

h. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

i. Copies of statements for the entire duration of the credit agreement.

 

3. Any other documents you seek to rely on in court.

 

 

I will require this information within the next fourteen days. I must advise you that if the information is not forthcoming, it will be reported to the Court that you are trying to frustrate proceedings and denying me the opportunity to file a defence and counter claim.

 

Yours sincerely,

 

XXXX (type, don't sign).

[mazel01]

Rory, do I still post those 2 letters today as discussed earlier?

 

Thanks 42Man. Do I send this letter or still send the two letters that I was posting special delivery today to Weightmans & HFC?.....

[42man]

Send this one above for definite....!!...you have already disputed the account....and yes send the other letters....keep everything....

 

I presume you've had a read already on some of the other Weightman / CCJ cases...?

[rory32]

I would still send the two letters we discussed earlier. Obviously send the request for information letter to Weightmans too.

[mazel01]

With regards to the particular of claim, the figures don't seem to add up. If I add up amount claimed + court costs + solicitors fees its different to the particular of claim section......is this a mistake on there behalf?

[42man]

Change Point C to read - True copies of any default notices or enforcement notices that you or the original creditor sent me, with a copy of any proof of postage that you hold.

[42man]

Have a read here too...

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/134230-staytet-weightmans-hfc.html?highlight=weightmans

[rory32]

is this a mistake on there behalf?

Yes.

[mazel01]

is this a mistake on there behalf? Yes.

 

What happens there then? Is that something that we will deal with at a later stage?

[rory32]

Yes. They have made a number of gaffs, some more serious than others. TBH not being able to do basic arithmetic will probably be forgiven and they can always amend the claim amount.