HFO Services - Next steps

[newstartaheaduk]

Hi all,

 

I contacted TCF site earlier this year with HFO problems, the usual, phoning, threatening etc. I was advised to send a CCA request, which I did by registered mail.

 

I sent them a CCA request and heard nothing more, it has been over the 12 days plus thirty days I was informed about, however, they have started phoning again, chasing the debt and have told me that they have the paperwork I requested and have sent it to me. Which they have not.

 

What happens now? I feel I should be doing something proactively here and not sure exactly what.

 

Are HFO in breach and if so, what should I now do. In addition, can anyone clarify this 12 + 30 day on sending in a CCA to HFO.

 

Thanks in advance for any help or advice.

[rory32]

After 12 working days from the day after receipt they are in default and then after a further calendar month they commit a summary criminal offence. I would report the matter to Trading Standards. Also send the following letter to HFO via recorded delivery(amend as required). As with all letters to DCA's, print do not sign your name.

Account In Dispute

Letter Before Action

 

Dear Sir/Madam,

I refer to my recent correspondence with your company concerning this alleged debt, copies of which are enclosed for your perusal and ease of reference.

As **DCA** have failed to comply with my Consumer Credit Act request and admitted that the alleged signed executed agreement is unavailable, enforcement action is impossible under section 127 (3) of the Act.

 

The Consumer Credit Act allows 12 working days for this request to be carried out before your company enter into a default situation. If the request is not satisfied after a further 30 calendar days, Your company commit an offence. These time limits expired on XXXXXXXX and XXXXXXXX respectively.

 

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.

 

Therefore as at XXXXXXXX this account became unenforceable at law and it is now my intention to refer this matter to the enforcement authorities.

 

If **DCA** chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

 

After taking advice, I am of the opinion that your continued pursuit is in violation of the Administration of Justice Act 1970 section 40, Protection from harassment Act 1997 section 3 as well as breaching a number of the OFT Collection Guidelines.

 

Failure to respond favourably to this letter within fourteen (14) days of receipt will result in immediate litigation being commenced against your company without further notice.

I also require a copy of your internal complaints procedure as further action may be necessary.

 

Please note I now require all further correspondence from your company to be made in writing only.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours Faithfully

[newstartaheaduk]

Rory,

 

WOW! That was quick. Thank you for the advice, I will action accordingly.

 

I have another question. How exactly do I compalin to trading standards? Do I go to my local trading standards office as directed by theri webiste? ot is there a specific department I should sent this too.

 

 

Again, many, many thanks for any advice offered.

[rory32]

Just contact your local one. Their contact details are here Trading Standards Central - Trading Standards and Consumer Protection information for the UK Just enter your postcode.

[newstartaheaduk]

Rory,

 

Understood. Thanks again for your help. Will keep this thread abreast of developments.

[sillygirl1]

I'd advise contacting BOTH lots of Trading Standards as they have a habit of passing the buck between themselves.... you can also copy in the OFT as well just to make sure.

[newstartaheaduk]

Thanks for that, when you say both sets of Trading Standards, you mean the local one and who?

 

Thanks.

[Tecnobaz]

Your Local TS and the TS local to the DCA.

[newstartaheaduk]

Thank you all for your help!!

[Rob M]

If you are still getting calls from these cowboys then do what i did, i logged 37 calls over 10 days then called surry police and made a formal complaint they are now following it up and will advise me after they have visited them, i have made an official statement and will press charges if need be.

By the way this may sound stupid but how do i start my own thread, new here and cant seem to work it out, probably so simple i cant see it.

[Wikkitt]

Hi Rob M

 

Herewith is the link to help you start your own thread.

 

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

 

Wikkitt

[Rob M]

Thankyou Wikkitt