Hfc Full And Final Short Settlement

[daftcow100]

Hi

 

I sent a CCA to HFC. They sent back the application form but with no signature from the bank. (Cant scan it sorry).

 

I told them it was not valid, they said it was.

 

I wrote another letter explaining why and 2 months later they are still to reply and keep on sending letters saying that they are dealing with the matter.

 

I asked for a full and final price and they said they would accept 75%. Not any less.

 

They gave me a figure and told me that if I didnt pay within 14 days they would default the account. In the mean time CRAPQUEST have come on the scene demanding monies.

 

Who do i respond to and how can I get the 75% figure down and prevent a default!!

 

I have a lump sum to pay and want to settle but definetley do not want the default or the late payments recorded on my file.

 

Any letters I can send please!!

[daftcow100]

Can anyone suggest a letter please!

[Dispirited]

Bump

[supasnooper]

Stop and think why Capquest are on the scene.....................maybe it's because HFC do NOT have a CCA.

 

 

You can write another letter to HFC outlining the prescribed terms of a valid CCA and offer what you think is fair; but looks to me as if your going to get a default anyway.

Edited October 15, 2008 by supasnooper
stupid lappy touchpad again !

[notsoevil]

They cant default if the debt is in dispute. You will have to go back to them though and state that you are disputing due to them not having a valid CCA. Then get as much info as possible about why it not valid and the laws surrounding it and send it to them to back up your claim.

[daftcow100]

They have said that they are putting CapQuest on hold for one month and will reply to my letter. I sent them a letter informing them they cant process data as the account is in dispute

[Pinky69]

If all that is missing is the bank's signature and all the other prescribed terms are there, it could be enforceable. The relevant section of the CCA 1974 is Section 127 (3) :

 

(3) The court shall not make an enforcement order under section 65(1) if section

61(1)(a) (signing of agreements) was not complied with unless a document (whether

or not in the prescribed form and complying with regulations under section 60(1))

itself containing all the prescribed terms of the agreement was signed by the debtor or

hirer (whether or not in the prescribed manner).