Hfc Cc

[RoyalNelly]

Hi All can i ask for some info & advice re: my position with HFC.

 

I wrote to let them know I was having finacial difficulties, and make a pro-rata offer, HFC begrudgingly agreed but started being difficult & phoning constantly. After one particulary obnoxious call I decided to CCA & SAR them.

 

Next I recieved a letter from HFC saying that although I had an agreement in place it was not enough for them and they were going to default the account.

 

Rec'd Default notice in post (delivered 10 whole days after the date on the notice)

 

On day 12, I recieved a reply to the CCA reuest by Special Delivery! this contained my last 6 statements, a without prejudice letter detailng when my account was opened, the original credit limit etc etc. The letter goes on to say that they ca'nt locate a copy of the agreement at his time and that they will forward it on.

 

So clearly the account is now in dispute and they will get a letter to that effect after the further 30 days has expired.

 

I would really appreciate some thoughts on what to do about the default notice, I believe the ammounts to be wrong (due to many charges), my name is spelt incorectly and i'm not overly convinced its in the prescribed format.

 

What do you reckon the best course to follow now? your thoughts and advice as always are appreciated.

 

RN

[willtheywontthey]

very similar letter to mine rec'd today except they sent me what they call a copy of my legal agreement which really is only an application. (I hope!!).

[shieldblaster]

Default notices are legal documents that have to contain certain criteria as laid down in the Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1993.

 

They have to contain the following:

• Name and address of creditor issuing default notice and name and address of the borrower.
  
• Type of agreement and details of the breach of the agreement.
  
• Early settlement figure (for fixed sum only).
  
• The action to be taken by you to remedy the situation and comply with the agreement.
  
• The next action that the creditor intends to takes, should you fail to comply with the agreement.

It's very important that default notices are correct legally as there is case law which states so:

 

Woodchester Lease Management Services Ltd v Swain & Co NLD 14 July 1998.

 

 

Also in the regs it states:

 

(2) Any notice to be given by a creditor or owner in relation to a regulated agreement to a debtor or hirer under section

87(1) of the Act (which relates to the necessity to serve a default notice on the debtor or hirer in accordance with section

88 before taking certain action by reason of any breach of the agreement by the debtor or hirer) shall contain--

 

 

(a) a statement that the notice is a default notice served under section 87(1) of the Consumer Credit Act 1974;

 

Therefore it follows that if it doesn't include that statement it isn't doesn't comply with the law regarding default notices.

 

Hope this helps

 

Mick

[RoyalNelly]

A quick update:

 

Still no CCA 12+2+30 expires 17th May so they will get a note putting the account in dispute.

 

In response to my SAR i have recieved 6 years worth of statements and my £10 back, so I have sent them a letter giving them a further 10 days to comply (as a gesture of goodwill) and sent them back the £10.

 

Have just taken a call from a collection agency asking for payment, they allege that HFC have sent a number of letters that I have not recieved, I pointed out that they may have siad that they sent them but perhaps they did'nt, nearly wet myself when he responded that they would'nt as they are a proffessional organisation!! Anway I declined the offer to pay them as the account is in dispute, they have suggested that they will be starting legal action. I do hope so!

 

Any thing else I should be doing at this point (claim for charges?) or wait and see what their next move is.

 

Thanks

RN

[lickthewallfatboy]

very similar letter to mine rec'd today except they sent me what they call a copy of my legal agreement which really is only an application. (I hope!!).

 

that's all I got as well.....I'm having fun with DCA's at the minute-I'll have them chasing their tails by the time I've finished!! LOL

[RoyalNelly]

Grrr

 

Letter back from HFC re my SAR

 

"We would be grateful if you could compete the attached form and forward it to the address indicated. We will require a copy of your driving licencse or valid passport. We will action your request upon receipt of the completed form"

 

They have once again returned my £10 PO.

 

Anyoone got a suitable letter reminding them that the clock is ticking and they have been happy so far to send my info without my D.L. or Passport.

 

Thanks

RN

[RoyalNelly]

Not posted for awhile so a quick update and request for advice.

 

HFC have still not responded to CCA and S.A.R - (Subject Access Request), but have passed the account on to Debt Litigation and Recovery Services (who I assume are part of HFC).

 

They have written a couple of times and have been told that the accout is in dispute until such time as the CCA request is complied with. Subsquently they have written saying that HFC Bank archive Department have been unable to locate a copy of the agreement and to contact the Beneficial Finance Branch where I took out this account, as they may be able to provide a copy. (Hah as if i'm going to do that).

 

Following on from this letter I have recieved a letter from HFC saying that they can not provide a copy of the agreement, but have enclosed a completely blank pro-forma agreement. This looks like it dates from 03/01 (not even close date wise) and has terms and conditions on one side, and a list of penalty charges and a cancellations form on the other. They are stating that this is sufficient under regulation 3 of the Consumer Credit (cancellation Notices and Copies of Documents) Regs 1983.

 

Surely it is unacceptable to send any old bit of stationery that could relate to anyone or anything and say that it fulfills their obligations.

 

Any advice as to how to respond and proceed with this please.

 

Thanks