Tracey V HFC (Marbles) PPI

[traceyb918]

Thanks Davey

 

Would someone be so kind as to check this letter i'm going t send to Marbles, and amendments, suggestions are more than welcome:

 

With reference to your letter dated 26th February 2009 “Notice of Intended Action”.

 

On 1 November 2008I wrote to you requesting a copy of the executed agreement for the above account under s78(1) of the Consumer Credit Act 1974. To date, all that you have sent me is a copy of the current T&Cs and an application form.. You have not sent anything compliant.

 

Notwithstanding the above, you have put a late payment marker on my credit file. This is an enforcement action which is unlawful by virtue of s78(6) of the Act. Further, since you cannot demonstrate that I have an agreement with you; this enforcement action also violates the Data Protection Principles given in schedule 1 of the Data Protection Act 1998 and is therefore also unlawful under that Act

 

With regard to the “Indented Action” I would inform you that I have every intention of counter claiming for my Payment Protection Insurance back and all interest charged.

The amount you are requesting includes my mis-sold PPI and the interest therefore your figures are incorrect

 

I am shocked and disappointed in your continued assertions that you have conducted yourselves in a manner that is appropriate for an extremely large financial institution. I continue to stress that this has not been my experience

 

I would also advise you that I have now reported you to the Financial Ombudsman Service, Trading Standards and will be contacting Watch Dog

 

Yours sincerely

[davey77]

Sure give it a whirl, see what you get back.

 

That default notice still showing the name by the way.

In regards to that, doesn't look like they have given you the 14 clears days does it (so invalid).

Dated 28th feb, received when? 6th march.. so remedy by the 14 march is not possible. Did you keep the envelope. Has it got a date stamp at all?

 

If you haven't done so already then complain to TS.

[bizzib]

Great Letter. I think I may ned to pursue th same route.

 

Good Luck:)

[traceyb918]

Have heard nothing from Marbles since sending letter (except phone calls, but I just hang up)

 

Tracey

[traceyb918]

These people are doing my head in they are calling me 5 times a day, I dont answer, but the most annoying part is they dont reply to my letters and even although i have put the account in dispute and haven't paid anything in 4 moths they are still sending me statements and adding £90 interest!!!!!!!! Any suggestions????

[davey77]

Have you tried this letter:

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/185008-hfo-turnbull-solicitors.html#post1991170

[traceyb918]

Your a busy bee Davey, i'll try that letter it's a good one!

 

Do you think these monkeys will get fed up and pass me on to a DCA, think I would rather that then the interest will stop! I claimed £554 back in charges off them in January and they just took it off the account but it seems to me that they are trying to get that money back in interest!!!!!!!!

 

Tracey

[alanalana]

Hello tracey,

 

You may also wish to point out this extract for their information:eek:

 

(1) A person must not pursue a course of conduct—

(a) which amounts to harassment of another, and

(b) which he knows or ought to know amounts to harassment of the other.

(2) For the purposes of this section, the person whose course of conduct is in question ought to know that it amounts to harassment of another if a reasonable person in possession of the same information would think the course of conduct amounted to harassment of the other.

(3) Subsection (1) does not apply to a course of conduct if the person who pursued it shows—

(a) that it was pursued for the purpose of preventing or detecting crime,

(b) that it was pursued under any enactment or rule of law or to comply with any condition or requirement imposed by any person under any enactment, or

© that in the particular circumstances the pursuit of the course of conduct was reasonable.

2 Offence of harassment

 

 

(1) A person who pursues a course of conduct in breach of section 1 is guilty of an offence.

(2) A person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding six months, or a fine not exceeding level 5 on the standard scale, or both.

(3) In section 24(2) of the [1984 c. 60.] Police and Criminal Evidence Act 1984 (arrestable offences), after paragraph (m) there is inserted—

“(n) an offence under section 2 of the Protection from Harassment Act 1997 (harassment).”.

3 Civil remedy

 

 

(1) An actual or apprehended breach of section 1 may be the subject of a claim in civil proceedings by the person who is or may be the victim of the course of conduct in question.

(2) On such a claim, damages may be awarded for (among other things) any anxiety caused by the harassment and any financial loss resulting from the harassment.

(3) Where—

(a) in such proceedings the High Court or a county court grants an injunction for the purpose of restraining the defendant from pursuing any conduct which amounts to harassment, and

(b) the plaintiff considers that the defendant has done anything which he is prohibited from doing by the injunction,

the plaintiff may apply for the issue of a warrant for the arrest of the defendant.

(4) An application under subsection (3) may be made—

(a) where the injunction was granted by the High Court, to a judge of that court, and

(b) where the injunction was granted by a county court, to a judge or district judge of that or any other county court.

(5) The judge or district judge to whom an application under subsection (3) is made may only issue a warrant if—

(a) the application is substantiated on oath, and

(b) the judge or district judge has reasonable grounds for believing that the defendant has done anything which he is prohibited from doing by the injunction.

(6) Where—

(a) the High Court or a county court grants an injunction for the purpose mentioned in subsection (3)(a), and

(b) without reasonable excuse the defendant does anything which he is prohibited from doing by the injunction,

he is guilty of an offence.

(7) Where a person is convicted of an offence under subsection (6) in respect of any conduct, that conduct is not punishable as a contempt of court.

(8) A person cannot be convicted of an offence under subsection (6) in respect of any conduct which has been punished as a contempt of court.

(9) A person guilty of an offence under subsection (6) is liable—

(a) on conviction on indictment, to imprisonment for a term not exceeding five years, or a fine, or both, or

(b) on summary conviction, to imprisonment for a term not exceeding six months, or a fine not exceeding the statutory maximum, or both.

 

This is the statute:

 

Protection from Harassment Act 1997 (c. 40)

 

make them sit up and take notice of the law

 

aa

[traceyb918]

Just received a phone call from Marbles now Bank of Scotland, they apologised for my treatment from HFC and asked that I dont take this matter to my solicitor they are keen to get it sorted without courts and my file is now being looked at by a manager?????????? strange

[davey77]

WHat?! nah, you must have been dreaming? Fell asleep watching emmerdale again i bet!

[traceyb918]

or far too much Vodka!!!!!!!!!

[birchave0]

Just received a phone call from Marbles now Bank of Scotland, they apologised for my treatment from HFC and asked that I dont take this matter to my solicitor they are keen to get it sorted without courts and my file is now being looked at by a manager?????????? strange

 

What has the Bank of Scotland got to do with HFC? I thought they were part of HSBC?

Strange one..........

My complaint for Marbles is now into it's 16th month with the FOS, still no news...:-|

[traceyb918]

Hi Birchave

 

HFC Marbles sold the account to BOS (Aviemore funding) in February. I wont hold my breath waiting on a call from the manager!!!!!!!

[davey77]

As usual they say one thing over the phone and another in writing. I doubt you will ever get that 'apology' on paper from them.

[traceyb918]

[traceyb918]

I received this today (copied from another thread couldnt get photobucket to work) ignore the date.

 

 

Tracey

[traceyb918]

I have pinched the following from phatram's thread:

COMPLAINT

 

Dear Sir/Madam,

 

Your Ref : xxxxxx

 

I do not acknowledge any debt to your company and refer to your letter of 7 June 2009, the content of which has been noted.

 

I am somewhat bemused by the sale of this account to yourselves, since a request for my Consumer Credit Agreement (Consumer Credit Act, 1974) was received by HFC Bank Limited on xx/xx/xx. HFC have been well aware of their default in relation to this request for some time and have continuously failed to provide any cogent evidence in support of their right to enforce payment. Therefore, I can only assume that they simply failed to inform you before your purchase of this account, in which case, they would not be your clients in the sense that you imply.

 

HFC have also failed to establish that the alleged Consumer Credit Agreement was even contractually assignable in the first place and as such, would be unable to act as assignee of such an account anyway. Since HFC have already stated that no such agreement exists and were only ever able to produce a pre-contractual application form, I respectfully suggest that you liaise with your "clients", before continuing to pursue payments on a disputed (and unlawfully assigned) account.

 

For ease of reference, I have outlined the main points in relation to disputed accounts below :

 

You/your "clients" may not demand any payment on the account, nor am I obliged to offer any payment to you.

You/ your "clients" may not add any further interest or charges to the account.

You/ your "clients" may not pass the account to any third party.

You/your "clients" may not register any information in respect of the account with any of the credit reference agencies.

You/your "clients" may not issue a default notice related to the account.

 

Notwithstanding the above, at no time have I consented to the processing by you of my data in any way that would breach The Data Protection Act, 1998. If this alleged debt had been legally assigned to you, then any personal data relevant to the credit agreement allegedly entered into may only have been passed to you provided that my (the borrower's) authority was obtained in the original agreement. As this is not the case however, then I must point out that you have certainly not requested and I have not given any permission for my personal data to be passed/shared/received by you at all.

 

You may therefore consider this letter a statutory notice under Section 10 of the Data Protection Act, 1998 to cease processing any data in relation to this account with immediate effect. This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies (if applicable). Should you refuse to comply, you must within 14 days provide me with a detailed breakdown of your reasoning behind continuing to process my data. It is not sufficient to simply state that you have a legal right, you must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

I look forward to a favourable response within 14 days of the date of this letter; informing me that on this occasion you have made a genuine mistake and that your files are now closed. Failure to respond favourably however, will result in me reporting this matter to Trading Standards, Office of Fair Trading, The Financial Crimes Branch of HM Treasury and any other authorities as I see fit.

 

Yours faithfully,

[birchave0]

the important word in this letter is "MAY", we MAY take you to court. They have no intention whatsoever of going to court, they seem to think if they send this little number you will ring them and make a payment.

 

Every DCA sends this sort of this out, it's a template letter so don't worry about it. Just write back to them tell them they are not in full possession of the facts and to return the account to Marbles. Also inform them that you have a complaint with the FOS, this should make them back off

[davey77]

It may rain tomorrow.. it may not. If it does i may get wet, i may not.

Doesn't mean a thing does it.

 

These letters are a joke.

[traceyb918]

Thanks both of you for your support x

Tracey

[bizzib]

 

 

I have pinched the following from phatram's thread:

 

COMPLAINT

 

Dear Sir/Madam,

 

Your Ref : xxxxxx

 

I do not acknowledge any debt to your company and refer to your letter of 7 June 2009, the content of which has been noted.

 

I am somewhat bemused by the sale of this account to yourselves, since a request for my Consumer Credit Agreement (Consumer Credit Act, 1974) was received by HFC Bank Limited on xx/xx/xx. HFC have been well aware of their default in relation to this request for some time and have continuously failed to provide any cogent evidence in support of their right to enforce payment. Therefore, I can only assume that they simply failed to inform you before your purchase of this account, in which case, they would not be your clients in the sense that you imply.

 

HFC have also failed to establish that the alleged Consumer Credit Agreement was even contractually assignable in the first place and as such, would be unable to act as assignee of such an account anyway. Since HFC have already stated that no such agreement exists and were only ever able to produce a pre-contractual application form, I respectfully suggest that you liaise with your "clients", before continuing to pursue payments on a disputed (and unlawfully assigned) account.

 

For ease of reference, I have outlined the main points in relation to disputed accounts below :

 

You/your "clients" may not demand any payment on the account, nor am I obliged to offer any payment to you.

You/ your "clients" may not add any further interest or charges to the account.

You/ your "clients" may not pass the account to any third party.

You/your "clients" may not register any information in respect of the account with any of the credit reference agencies.

You/your "clients" may not issue a default notice related to the account.

 

Notwithstanding the above, at no time have I consented to the processing by you of my data in any way that would breach The Data Protection Act, 1998. If this alleged debt had been legally assigned to you, then any personal data relevant to the credit agreement allegedly entered into may only have been passed to you provided that my (the borrower's) authority was obtained in the original agreement. As this is not the case however, then I must point out that you have certainly not requested and I have not given any permission for my personal data to be passed/shared/received by you at all.

 

You may therefore consider this letter a statutory notice under Section 10 of the Data Protection Act, 1998 to cease processing any data in relation to this account with immediate effect. This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies (if applicable). Should you refuse to comply, you must within 14 days provide me with a detailed breakdown of your reasoning behind continuing to process my data. It is not sufficient to simply state that you have a legal right, you must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

I look forward to a favourable response within 14 days of the date of this letter; informing me that on this occasion you have made a genuine mistake and that your files are now closed. Failure to respond favourably however, will result in me reporting this matter to Trading Standards, Office of Fair Trading, The Financial Crimes Branch of HM Treasury and any other authorities as I see fit.

 

Yours faithfully,

 

I have to say, this is a damn good letter, I will see how things go, hopefully it maynot coome to me having to use this, but you never know.

Watching this thread with anticipation.

My case with HFC is with the FO at the moment.

 

Wish you luck!!

[traceyb918]

Hi

 

received a letter from Robbers Way yesterday:

 

Saying their client is entitled to pass defaulted accounts to a DCA. They are satisfied that the documentation supplied (application form) satisfies the CCA requirements.

 

They are also sayng they will knock £1000 off the balance.

 

Any suggestions??,

 

Tracey

[davey77]

To be honest i would ignore it and wait for the next DCA to come along.

[traceyb918]

Thanks Davy, i will just ignore them!

[traceyb918]

hi today I have received a letter from Robinson Way "Appointment for home visit" saying a local collector will arrange to visit me! help!!!!!!!!!!!!

 

 

Tracey