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Beneficial/HFC Threat


gordonsanderson
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Hi everyone,

Below you will find the latest step from Beneficial Finance/HFC bank. Dont believe the balance outstanding as that is rubbish (i have no idea where they get that total from), as i have explained to them, they have not fullfilled their duty in supplying me with an executed CCA as T&C'S were unreadable and that they did not send me a copy of the default that is on my account (a default i have never had), i have sent a formal complaint to trading standards, the oft, the commissioners office, and i've sent a letter to the FOS to reclaim £5000 in mis-sold ppi. The bank have said they have not recieved any letters regarding this stutation other than my first coplaint, (bo****ks), i've sent important mail via recorded and general mail via normal post so that takes care of that, so im waiting on a reply from the above groups, and as the bank have been told by myself that they are not allowed to persue any action against me, without honouring my initial request, as they are and have been in criminal default for sometime, i see this recent letter with false info as a scare tactict, has anyone had the same kind of letter?

 

 

Regards GORDON

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Hello there gordon :)

 

First of all, it would be best if you removed all personal details from the letter you've scanned in x

 

Yes this is scare tactics. I have had a few of these myself from different companies when accounts have been in dispute too! They will most likely send your account to an outside agency even though it is in dispute and they are not supposed to do so :mad: This seems to happen with so many of the banks - they frankly have no regard for the Consumer Credit Act rules and regulations and just do things their own sweet way.

 

If they send the account to an outside agency, what I would suggest you do is send a copy of your original CCA letter to the outside agency with the following letter (alter to suit your circumstances) :-

 

 

Dear Sirs

 

 

You should be aware that on XXXX I made a formal request to XXXX for a copy of the signed, fully executed credit agreement for the account under section 77(1) and section 78(1) of the Consumer Credit Act (copy enclosed). In addition a statement of the account should have been sent along with any other document mentioned in the credit agreement.

 

The Consumer Credit Act allows 12 working days for this request to be carried out before a company enter into a default situation. If the request is not satisfied after a further 30 calendar days, a Company commits an offence No properly executed copy of any agreement was forthcoming and as a result XXXX are unable to enforce this agreement.

 

As you are no doubt aware subsection (6) states:

 

If the creditor under an agreement fails to comply with subsection (1) —

 

(a) He is not entitled, while the default continues, to enforce the agreement; and

(b) If the default continues for one month he commits an offence.

 

Also you are also no doubt aware, that if the creditor under an agreement, or persons or agencies acting on their behalf, fails to comply with the above request for a copy of a relevant Consumer Credit Agreement, then;

 

1) They are not entitled, while the default continues, to enforce that agreement; and

2)If the default continues for one further calendar month, then the creditor, or persons or agencies acting on their behalf commits a CRIMINAL OFFENCE.

 

Therefore, XXXX have committed two offences , by not complying with my lawful request, and then instructing your firm to demand payments and threaten legal action against me. Your firm has committed a criminal offence by pursuing me in this matter.

 

Consequently, I do not acknowledge any debt to your company, and no payments will be made in respect for the above named alleged debt.

 

The various offences XXXX and yourselves have committed, which have been listed above, may have an impact on your ability to hold a Credit Licence, it is important that you give this letter your immediate and prompt attention.

 

 

What I Require:

  • A FULL REFUND of all payments made to date, including interest at the statutory rate of 8% per annum
  • A FULL STATEMENT OF ACCOUNT, including any and all charges and interest applied
  • Pursuant to the Data Protection Act 1998, I require you with immediate effect to ensure that all data held by you or your Client regarding the alleged agreement or any reference to it, is removed from any and all Credit Reference Agency databases.

· Ensure that all data held by you or your client regarding me is destroyed.

· Ensure that all communication is made in writing.

Failure to comply:

  • Failure to comply with my request under the Data Protection Act 1998 may result in the matter being referred to;
    ~ The Information Commissioner.
  • Failure to comply with the requirements of the Consumer Credit Act may cause me to refer the matter to, but not limited to, the following agencies;
    ~ Office of Fair Trading
    ~ Trading Standards
    ~ Financial Services Authority
    ~ Financial Section of HM Treasury
  • Any telephone contact may generate a complaint of harassment to;
    ~ the Police
    ~ OFCOM.

I await your prompt response within 12 days of receipt of this letter.

 

Hope this helps

Love SG x

 

 

 

Please note I am not legally qualified, I am offering advice based on my own personal experience in the hope that it may be of help to others in a similar situation.

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Hi SG,

Yes that looks neat. I'll wait till i have had a response from those agencies that i've took up the complaint with, then i hit them with an edited version of this, (most impressive).Just as a matter of interest, i've 3 documents stating incorrect loan amounts for the loan in question that the bank say i owe them, are the accounts department incapable of calculating accurately, or is this just the norm, as i cannot understand such blatant ignorance, as, if i were to show the various amounts that they state for the loan in question to be owed by myself, to the legal authority, the bank would be laughed out of the room, you would think that they would abide by the details of true accounts, as it is in their best interest because otherwise they are liable for compensation and costs, it's just bizzare.

 

Very kind Regards

Gordon:D

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i cannot understand such blatant ignorance

 

pure greed clouds the mind

post office WON 12/11/06

 

abbey.LBA sent 30/10/06.MCOL claim submitted 8/11/06.allocation questionnaire sent 16/12/06.schedule of charges sent 16/12/06.WON

 

2nd abbey claim SAR sent 3/1/07.WON.complaint letter sent 18/1/08

 

alliance and Leicester.WON

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