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Help needed, HFC Bank now going legal with solicitors letters. Please Help


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Ok - we will now sit and wait and see what happens. (I hate this)

 

Always best to spend the waiting time on preparing for the next stage in dealing with them.

 

Failing that, read the "Cheekiness to DCA's" thread on here. It will probably take about 6 hours to read it all, but I'm sure it will provide a lot of inspiration for you, and it shows the DCA's for the real bunch of muppets they really are. :D

These are video links to show how I deal with Debt Collectors.

 

Fly fishing for C.A.R.S

http://uk.youtube.com/watch?v=zPtzK8FqE6k&feature=related

 

Frederickson International don't accept my card type

http://uk.youtube.com/watch?v=eiZBULlWW6Q&feature=related

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No disprespect to anyone who enjoys a DCA windup, but please remember that HFC are not a DCA... and are very litigious, so it's probably best that you don't go winding them up over the 'phone at this point,Tom. Just hang up.

 

:)

 

Yep, have to agree, Save the windups for the DCA's. Far more fun, as they have less experienced staff who can't cope with someone on the other end of the phone that's not scared of them.

These are video links to show how I deal with Debt Collectors.

 

Fly fishing for C.A.R.S

http://uk.youtube.com/watch?v=zPtzK8FqE6k&feature=related

 

Frederickson International don't accept my card type

http://uk.youtube.com/watch?v=eiZBULlWW6Q&feature=related

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No disprespect to anyone who enjoys a DCA windup, but please remember that HFC are not a DCA... and are very litigious, so it's probably best that you don't go winding them up over the 'phone at this point,Tom. Just hang up.

 

:)

 

 

Im certainly not strong enough to go rubbin anyones nose in it. I will hang up. I need my strengh intact to try and win this fight

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I don't want to hijack this thread but i think the comment is appropriate. I havea GM Card managed by HFC Bank. I have sent a letter in February 2008 asking for a CCA. They wrote back stating they couldn't find the documentation but they did give me a record of my last 6 moinths statements. as i haven't been paying them i get intermittant phone calls, letters asking for payment to which i have said no, not that i am refusing to pay, just i want to see my CCA to check its fair and valid before paying anymore. they currently state tey are dealing with my request as a complaint. Can i 1) demand that they cancel the debt due to failure of providing CCA, 2) request back all money i have paid into them and 3) get all credit records erased. If yes how do i do this. If Tommos case goes my way it will become applicable to him in time.

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Hi

 

Just to jump in here. I had an account with HFC as did my o/h, I hadnt found this site and they secured a CCJ on me.

 

They tried to collect on my o/h's account after I found this site, I CCA'd them - now all we get is a monthly letter saying 'the account is on hold and theyre trying to locate the paperwork'. This has been going on for nearly a year.

 

I think the paperwork maybe with Lord Lucan......:)

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  • 2 weeks later...

Well folks - I got post this morning from HFC.

 

I got a copy of the credit agreement and they sent me a copy of the last 6 statements!!

 

Anybody know what I should do now?

 

I sent the CCA 21st July by recorded delivery

 

Hfc response and letter dated 6th August - are they past the time deadline or does that NOT matter?

 

They also sent a covering letter - headed - "Without Prjudice"

 

Please find below the account information relating to the account in accordance with section 78 of the consumer credit act 1974.

 

 

I will try and scan and attach the credit agreement on here (Give me a few moments and I will attach to the thread!!!!!

 

Thanks

 

Tom

hfc credit agreement2.jpg

hfc agreement.doc

hfc letter3.doc

Edited by tommo12345
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The 1st attachment is a bit small, but looks like an Application. I'm unable to open attachments 2 & 3 though, but it may be my pc and nothing to do with you (as the one I'm on at the moment is old)...

 

Is there anything on any of those docs. that refers to interest rate, rate of repayment and so on (presecribed terms) ? When someone else is able to access the docs. and have a look, we'll then know for certain though.

 

:)

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The 1st attachment is a bit small, but looks like an Application. I'm unable to open attachments 2 & 3 though, but it may be my pc and nothing to do with you (as the one I'm on at the moment is old)...

 

Is there anything on any of those docs. that refers to interest rate, rate of repayment and so on (presecribed terms) ? When someone else is able to access the docs. and have a look, we'll then know for certain though.

 

:)

 

 

Hi there,

 

The form actually states it is an application for Gm card etc etc (Underneath in small bold print it states - credit agreement regulated by the consumer credit act 1974)!!!

 

There is NOTHING on the document that refers to interest rate, rate of repayment etc etc.

 

I hope this helps.......anybody know what I can do or indeed what I should do next?

 

Thanks all

 

Regards Tom

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I have a letter on a different pc that you can send to HFC, with a copy to their solicitors. Both by rec. delivery. I'll post it up for you tomorrow, if that's ok.

 

They need to know that you know it's an Application Form, or they may press ahead with legal action regardless... although if that's all they've got in the form of docs., they'd be wasting their time anyway.

 

:)

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I have a letter on a different pc that you can send to HFC, with a copy to their solicitors. Both by rec. delivery. I'll post it up for you tomorrow, if that's ok.

 

They need to know that you know it's an Application Form, or they may press ahead with legal action regardless... although if that's all they've got in the form of docs., they'd be wasting their time anyway.

 

:)

 

 

Thats great, Many thanks for that. Once you paste it up I will send the copies off ASAP.

 

Thanks again for your help PriorityOne

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Ok.... this one goes to HFC by rec. delivery.... addressed to whoever send you the docs. I'll post up a slightly different one for the sols. in a while...

 

Dear xxxxxx

 

Your Ref : xxxxxxx

 

Thank you for your letter of xx/xx/2008 in response to my legal request.

The document that you enclosed however, is a pre-contractual Application Form with no prescribed terms, interest rate, credit limit and/or terms and conditions. Therefore, contrary to the comments in your letter, this document does not in fact comply with my legal request under The Consumer Credit Act, 1974 and neither does it represent a legally binding Agreement under the above Act.

 

Until such times as you are able to comply with this request, the account remains in dispute, legally unenforceable and your solicitors will be notified accordingly.

 

Yours sincerely,

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This one goes to Restons... by rec. delivery once again.

 

Dear xxxxxx

 

Your Ref : xxxxxxx

 

Further to my letter of xx/xx/2008, HFC have now forwarded an Application Form document in response to my legal request under The Consumer Credit Act, 1974.

 

The document they have supplied however, is a pre-contractual Application Form with no prescribed terms, interest rate, credit limit and/or terms and conditions. Therefore, contrary to the comments in their accompanying letter, this document does not comply with my legal request under The Consumer Credit Act, 1974 and neither does it represent a legally binding Agreement under the above Act.

 

As I am sure your are aware, until such times as HFC are able to comply with this request, the account remains in dispute and is legally unenforceable. For your ease of reference however, I have briefly surmised the following rules that apply to all disputed accounts under The Consumer Credit Act, 1974 :

 

HFC/their agents/solicitors may not demand any payment on the account, nor am I obliged to offer any payment to anyone.

 

HFC/their agents/solicitors may not add any further interest or charges to the account.

 

HFC/their agents/solicitors may not pass the account to any third party.

 

HFC/their agents/solicitors may not register any information in respect of the account with any of the credit reference agencies.

 

In addition to these points, whilst HFC remain in default of this request, they also remain unable to provide any signed authority to process my personal data under The Data Protection Act, 1998. A formal request for your company to cease and desist from doing so will therefore be sent to you under Section 10 of the above Act, should this prove to be necessary.

 

I trust that the content of this letter clarifies both my position and your own and look forward to your confirmation that all legal action has now been suspended. Please note however, that should HFC persist with instructions to pursue legal action on this account and you choose to ignore the content of this letter, that this action will be treated as both unlawful and vexatious, vigorously defended for the reasons outlined above and reported the relevant authorities without further notice.

 

Yours sincerely,

Edited by PriorityOne
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The letters are done and have been posted Recorder delivery PriorityOne.

 

We will have to wait and see now!!

 

Thanks Again......regards Tom

 

You're very welcome.... :)

 

I'd be surprised if Restons were stupid enough to issue proceedings now... but you may still get some coughing and spluttering from HFC. Keep us posted.. :)

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  • 2 weeks later...

Hi All,

 

Letter received today from HFC.............

 

Dear.....

 

Thank you for your recent cantact informing me of your complaint.

 

Your comments are extremely valuable to us and we are concerned to learn that you are unhappy with HFC Bank.

 

A thorough investigation will be conducted into the issues you have raised and we will reply to you shortly.

 

Please find enclosed a copy of our internal complaint procedure for your information.

 

Yours sincerely

 

 

Complaints investigator.

 

 

 

 

 

....................................................................................................

 

 

Anybody have an opinion what is on their minds here or where they may be trying to go with this??

 

Im bewildered!!!

 

Regards

 

Tom

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Your complaint is in the system, so there's no need to follow this one up at all.... unless they stuff up with something else.

 

They will answer you... and probably justify themselves, but I doubt Restons will continue with legal action now that they've been notified that the account's in dispute.

 

I am assuming that once they've answered you, that the acount will then get flogged out to some unsuspecting DCA on the make, who should be very easy to shoot down in flames at that point.

 

:p

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