HFC/Weightmans Advice

[mazel01]

I am currently on the website acknowledging the claim forms now & want to defend. Is it just the acknowledgement of service form I click on?

 

Little bit stuck:confused:

[rory32]

As I'm Scottish I have never used MCOL (cos we don't have it) but in the paper format there would be a this form and you would just acknowledge the claim and tick the box that you intend to defend all of this claim.

[mazel01]

Thanks Rory.

 

My last question on this issue, I promise!. If I fully defend at this stage can the court not ask me why I have fully defended if I knew that I owed something to HFC & it should of been a partial defence?.....

[rory32]

Well for a partial defence you would have to enter a figure. You currently don't know how much you owe because they won't comply with your SAR.

[mazel01]

Thanks again Rory for all your help, advice & support. Going to open a nice bottle of wine & try & chill out now

[rory32]

Good stuff. Enjoy

[mazel01]

Now completed online, the acknowledgement of service & selected 'Fully defend'. Do I now have 28 days to submit my defence from today or is it 28 days from date of claim?

[rory32]

28 days from date of claim. By saying you will defend in full you get an extra 14 days.

[mazel01]

Date of claim was April 30th, so my defence needs to be in by May 27th?

[rory32]

Oops sorry, I meant 28 days from date of service.

[mazel01]

So is May 27th the last day for my defence to be in by?

[mazel01]

Just checked the Royal Mail website, all 3 letters have been signed for now by Weightmans & HFC....

[rory32]

So is May 27th the last day for my defence to be in by?

Yes. We'll aim to get it off by about the 22nd so it gets there in plenty of time.

[mazel01]

Thanks Rory. What do I need to do in the meantime?

[rory32]

Really you don't need to do anything at the moment. The ball's in their court.

[mazel01]

Thats great...

[mazel01]

HFC had to respond to my SAR by May 11th.....well still no response from them to fully comply with my request.....what happens when they go over the 40 days?

[rory32]

Well normally you would send a letter before action and then file at court for non compliance. The templates for this are in the bank templates library.

[mazel01]

Hi Rory, is it best to send the LBA letter now or when we do the defence, add something in there about there non-compliance?.

[rory32]

I would just send the LBA as it adds a little bit of weight to how uncooperative they are being.

[mazel01]

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

 

 

This is unbelievable......Received a letter from HFC, I have typed it out below:

 

Dear xxxxxx

 

Thank you for your letter dated 29th April.

 

It seems from your letter you require a subject access request. In view of this we will require completion and return of the enclosed form, a copy of your driving licence and a cheque or postal order for £10.

 

On receipt of the above we will open a subject access file in your name to be submitted to you within the 40 days.

 

Please accept our apologies for misunderstanding your initial request.

 

We look forward to hearing from you shortly.

 

Yours Sincerely

 

HFC

 

 

The other week they returned my £10 postal order and my letter was clearly marked SUBJECT ACCESS REQUEST.....

 

What do I do next?

[rory32]

I would advise them that the 40 days run from receipt of your request (the clock is still ticking) and if they were unsure about your identity then why have they been sending statements/threatening letters on this account to your address - as this would be a direct breach of the Data Protection Act and it's principles. I would also attach a copy of their previous correspondence and state that the £10 fee was enclosed with your initial legal request under The Data Protection Act.

[rory32]

Also ask for a copy of their complaints procedure.

[mazel01]

Thanks again Rory..is there a standard letter I can use or please could you help me on the letter, I really struggle to put letters together:o

[rory32]

Okay I'll have a think about the letter - I don't think I have a template. If I don't post one tomorrow then send me a PM to remind me.