HFC and my mum

[mrmarmite]

ok my goal is to reduce payments to a HFC credit card account due to ill health of me mumzey (parkinsons) and she is retiring in July and she will be only getting 26 a week pension coz she hasnt been paying stamp.

 

sorry for all the images, it lot easier that writing it all up. enjoy the read

 

 

 

 

 

 

 

 

[mrmarmite]

 

[mrmarmite]

 

 

[mrmarmite]

HOPEFULLY letters are in date order.

 

Looks like an s10 letter is now needed. any other comments and suggestions most welcome

[mrmarmite]

in the letter dated 28th feb (last one) it says copy of T&C's enclosed. needless to say that NO T&C's were enclosed.

 

any questions? to fill in any gaps

[davey77]

I would say personally that you are one step away from the 'we write off this account as irrecoverable under the CCA 1974'.

They have admitted they don't have the original agreement and i think you should strike whilst the iron is hot! The longer you leave it and continue to go round in circles (which is what they will try to do) the longer it gives them to find the documentation or to 'reconstruct' one later on.

It's easy for someone else to suggest Court when you are not doing it yourself but i think an S10 is just going to be ignored.

Their thoughts that because you have paid towards the account at some stage in the past as being good enough 'evidence' that you acknowledged the account previously is hogwash and has nothing to do with your legal right to a properly executed agreement and was the same response i had from the CRAs in that merely paying towards an account in the past was enough proof to show you had signed 'something' at 'some point'.

 

I would go for a Letter Before Action and see what the response is!

[mrmarmite]

ooops left me mums surname in couple of letters, not to worry,

 

read one from them dated 2nd october headed WITHOUT PREJUDICE notifying that they intend to default.

weird. what they saying that they going to default me mum and will not go to court about it, SO even tho they not got an agreement of any description they dont have the legal right to default her and they WONT go to court about it,

 

how do you think this will stand?

 

still think an s10 is the next step, and whilst that letter was dated in october and had another since saying they gonna default but 4 months on they still have not defaulted her yet

[mrmarmite]

i'll see if i can get PT to read through this lot

[davey77]

Are you sure a default hasn't been registered? May not have received the default notice in writing but could still have informed the CRAs anyway? (They do that quite often i'm told!)

 

Without Prejudice means they didn't want the detail of that letter to be used in Court at any later date. I would have expected to see the 'Without Prejudice' on the "we cannot supply you with your agreement" letter. Not on the Default letter which suggests they knew they couldn't lawfully register a default perhaps all along?

 

In any event, without an agreement no default can be registered as without the permission to process date (which would be included on a properly executed agreement) they cannot do so.

 

It's already been stated to them that they cannot process the data without an agreement and they are ignoring that so i feel a formal S10 will (in my experience) either be ignored or replied with the "we can do what we like" letter. By all means send the S10 if you feel though. It will only add weight to your argument/case but i do believe that, in 6 months time, you'll come to the conclusion that the same things are being said (no agreement, cease processing etc) and the same response is coming back. Probably by then through a DCA (who never co-operate or listen).

If you send a S10 i would stick to your own time scale and give them 14 days (or whatever). Keep the pressure on them. I truly believe they are currently in a very weak position on this one.

[davey77]

Id remove any personal details... they say the MIB are watching this site constantly!

[mrmarmite]

thats the way i see it. they have threatend to default TWICE now BUT as of yet NO "notice of default" has been received.

 

their letter dated 7th feb an example IF YOU DO NOT RESPOND we default you, so i wrote back with letter dated the 8th so in context I responded, which takes it to last letter ended up with "final responce"

 

theres no point bringing FOS into it as I doubt very much anything will be done.

 

I actually want the default notice to come so i can send it off with their letter saying they have no credit agreement to the CCA's.

 

have thought about the write it off letter but again wont get any where as it 7.5K,

 

need to send letter off any way "I no longer acknowlege this debt" but will wait for PT to look at thread, i got ideas on what to do BUT I just wanna make sure I don't slip up anywhere

[mrmarmite]

Id remove any personal details... they say the MIB are watching this site constantly!

 

already done, hit ya F5 key

[davey77]

This look familiar? Notice the lack of 'without prejudice' also. I think they knew their position at that time and also your letter (as did mine) contravenes OFT debt collection guidance in asking for payment in excess of what would be reasonable and fair etc:

 

http://i157.photobucket.com/albums/t42/davey77_2007/HFC2007.jpg

[mrmarmite]

bish bash bosh. but notice the "our intention" whilst yes it's a template letter they have not done it (not bothered with CRA files) (not yet anyway)

[hellhasnofury]

Hello Marmite,

 

Glad to see you are putting up a excellent fight on behalf of your mum.

 

Do not believe a word that hfc tell you. I have experience of them.

 

Have you checked your mum's credit report, just because they don't send it to you, does not mean they have not defaulted the account. They should send one, but when you ask for a copy of it, they will state that the don't have a responsibility to retain it and will send you a template of what it would have looked like:rolleyes:

 

They are dreadful and their tactics are underhanded and despicable:mad:

[mrmarmite]

davey post link to your thread in here please, i've lost it again

[mrmarmite]

Hello Marmite,

 

Glad to see you are putting up a excellent fight on behalf of your mum.

 

Do not believe a word that hfc tell you. I have experience of them.

 

Have you checked your mum's credit report, just because they don't send it to you, does not mean they have not defaulted the account. They should send one, but when you ask for a copy of it, they will state that the don't have a responsibility to retain it and will send you a template of what it would have looked like:rolleyes:

 

They are dreadful and their tactics are underhanded and despicable:mad:

 

 

ok, i'll check it out via credit expert, might have to wait a week coz she away with dad for a week to recharge her batteries a bit

[davey77]

Get those CRA files ASAP with all three CRAs.. if HFC have defaulted the account without sending a formal default notice then you can go to the ICO and also send a copy of the letter admitting they don't have an agreement to the CRAs and demand they remove that information or face Court action for libel!

[davey77]

http://www.consumeractiongroup.co.uk/forum/mbna/57846-debt-written-off-due-28.html

[mrmarmite]

Get those CRA files ASAP with all three CRAs.. if HFC have defaulted the account without sending a formal default notice then you can go to the Information Commissioners Office and also send a copy of the letter admitting they don't have an agreement to the CRAs and demand they remove that information or face Court action for libel!

 

 

ok dude, i'll get letters drawn up today/2moz to go on monday

[hellhasnofury]

http://www.consumeractiongroup.co.uk/forum/mbna/57846-debt-written-off-due-28.html

 

Oh I've seen that before, it is an excellent informative thread:grin:

 

Hello Davy hope you are well and still fighting the good fight:grin:

[davey77]

Thanks HHNF Yes still fighting and changing tactics to suit an ever changing situation. Hope all is well for you!

[hellhasnofury]

Thanks HHNF Yes still fighting and changing tactics to suit an ever changing situation. Hope all is well for you!

 

Hey Davy,

 

You best spill the beans and let us all into your changing tactics:grin:

[davey77]

It's really just the fact that the FOS have refused to allocate my complaints that are based on being sent an application form in response to a CCA request and 'in their opinion' that IS a properly executed agreement. I was also told over the phone by the FOS that the National Debtline (who were one of the first to tell me that an application wasn't an agreement) had 'misinformed me' in that regard.

My latest attempt is to get the ND's opinion in writing and use that to favour my argument with the Creditors and the FOS alike!

[mrmarmite]

good point. WHEN i finished with you tube i'll go over your thread again for letters you have sent and sort something out