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    • ou have received a claim form.   firstly - read all the posts in this thread FIRST...   then copy this first msg to your thread - and put your answer after each question   In order for us to help you we require the following information:- [if there are more than one defendant listed - tell us]   Name of the Claimant ? Give answer here   Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. Give answer here   Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total) -   ^^^^^ NOTE : WHEN CALCULATING THE TIMELINE - PLEASE REMEMBER THAT THE DATE ON THE CLAIMFORM IS ONE IN THE COUNT [example: Issue date 01.03.2014 + 19 days (5 days for service + 14 days to acknowledge) = 19.03.2014 + 14 days to submit defence = 02.04.2014] = 33 days in total   Particulars of Claim   What is the claim for – the reason they have issued the claim? Pwas issued small court claims form as the owner keeper by gladstones solicitor. Particulars of the claim: parked in breach of terms on signage ( @ location x) incurring PCN 9parking charge notice) PCN not paid in 28days. Claimant claims unpaid pcn from defendent as driver/keeper. despite demands being made defendant failed to settle outstanding liability. I was not driver. Driver is known to owner. received letters initial from UK Car park management Limited. (IPC memeber) Refused passing on driver info until they had provided all details of their right to mangage parking re contract with landlord, all images and evidence etc. This was by letter not via their appeals service. Letter was not responded to. (or refused can't remember exactly will check) details of the event. Night, signs not directly lit, small size writing poor placement. Parked on loading bay. Sign for loading bay was arguably not clearly marked, small sign high up behind the space, not visible as driving into it. floor markings under car not visible once parked, and poorly light. Private warden came, driver was by vehicle whole time, warden alerted driver to the fact they couldn't park there, driver removed the vehicle immediately on being informed of the restrictions.   What is the total value of the claim? Claimant claims £100 for PCN, £60 contractual  re Ts & Cs + £21 statutory interest.   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Received many letters most probably got one advising of a claim if not paid etc (will check)   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? address not changed since claim   Did you inform the claimant of your change of address? no address change not needed Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? No   When did you enter into the original agreement before or after April 2007 ? No agreement (after 2007 but no agreement)   Do you recall how you entered into the agreement...On line /In branch/By post ? Give answer here   Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? No   Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Claimant issued   Were you aware the account had been assigned – did you receive a Notice of Assignment? Give answer here   Did you receive a Default Notice from the original creditor? No   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? N/A   Why did you cease payments?N/A What was the date of your last payment? N/A Was there a dispute with the original creditor that remains unresolved? N/A Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? N/A     More Details:   Defence was filed with small claims court. : Defence points were, no agreement, signs not visible/readable, no opportunity for arbitration before making a claim. Their independent Appeals service (required as part of their right to access DVLA info) is not independent as it's funded by the parking company and their paid lobbying group IPC.   Claimant has sent N180 directions questionnaire.   Defendent (me) has not filled N180 yet . Not sure what to answer.
    • Boss Brian Chesky says people are increasingly combining business and leisure travel thanks to remote working.View the full article
    • I've been very agreeable all the way to this point, and I have started to think they have taken advantage of that fact.   Without going into massive amounts of detail, my reasons for not wanting to give them further opportunities to rectify the work are:   1. Delayed multiple times from outset with poor commuication and threats that I could not pull out (despite them breaching their own contract for start date) 2. Repair attempt 11th June (not all issues addressed) 3. Workers attended 5th June (Issues with work not addressed) 4. 28th June Matthew (director) attended and agreed work unacceptable- 5. 15th and 16th July- workers attended to rectify issues and actually made front drive worse by making unnaceptable paving cuts (raised in engineers report). Rear patio issues addressed (not all, and most serious issues remain)   Communication wise, my son has had an amicable discussion with the workers and director when attending my property. I have full CCTV front and rear and have all evidence including audio and video recordings of all interactions. I have not refused to communicate with them. I have refused to communicate with them via telephone as I said that I wanted to avoid misunderstandings etc. and I was also intimidated by receiving a threatening and aggressive voicemail, which again I have a copy of.   I understand the point about being reasonable and fair. I think I have evidenced that I have thus far. They have had ample opportunities and stonewalled me and sent debt collectors after me. Now I've provided evidence of their poor work, I feel they are realising they are looking at a large loss, plus legal costs they probably are unwilling to pay.   I would not be happy to pay for their independent assessment (they have not paid for mine). The majority of the issues that were raised in the engineer's report, I had already highlighted to them (such as the cuts of the bricks not being in line with manufacturer's guidelines- if you recall I had already contacted the manufacturer Tobermore for additional information)   If you feel I'm completely missing the mark here, then I'm happy to be guided by you, however the Consumer Rights Act only provides them with limited opportunities to put work right. Surely I cannot be expected to just sit here for months and just keep letting them try and try again, and only now that they face the prospect of potentially losing at court. I've been reasonable, polite and accommodating from the outset, and I have written, video and audio evidence of all of this.          
    • ok good defence due by 4th oct by 4pm.   so no you wont have gotten an n180 yet...
    • The claim form was dated 2nd Sept. Not filed defence yet.  Not had an  N180
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skintboy69 v hfc


skintboy69
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8)Greetings to all.

 

I have an issue (well, issues really) with HFC/Household/Beneficial Finance or whatever they are calling themselves this week.

 

I opened a 'current account plus' with them when first they became a 'bank' It must have been back in the '80's. For those that don't know, this account had some of the facilities of a real current account, direct debits, standing orders, cheque book etc. but with what I believe is called a rolling credit facility.

 

A couple of years ago they stopped offering counter services, earlier this year they cancelled all ATM cards and at the end of August, closed the accounts all together. I believe that since they were taken over by HSBC they wanted to go back to their original business of loansharking. :lol:

 

I still have a debit balance on my account and make the usual variable payments each month. A couple of days ago I received a letter saying that they were changing their terms & conditions yet again and future payments would be a fixed rather than a variable sum.

 

I thought it might be an idea to ask for a copy of both their original T&Cs and also their new ones. The idea then occured to me that it might be good to CCI them, but now the devil is whispering in my ear........

 

Because this account has rolling credit and I would guess opperates under the Consumer Credit act 1974, can I reclaim the thousands of pounds (inc. interest) of charges they have taken as if it were a credit card rather than a bank account - which it isn't really?

 

Any advise would be most welcome.

 

Keep the faith.

 

T.

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  • 2 weeks later...

hello....hello.......hello

Is there anybody in there?

Just nod if you can hear me.....

Is there anyone at home?

(Pink Floyd) :p

 

Just a gentle bump.

Has anyone any ideas about my last post?

Cheers, T. :cool:

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  • 2 weeks later...

I sent these munchkins a CCA request at the beginning of December. It went by Recorded Delivery but the Royal Mail are not much more efficient than the banks and do not appear to have a signature for it. (pain).

 

Not to be put off, however, I sent them the 'Default' letter yesterday so, with luck, something should start happening soon. :D

 

 

Keep the faith.

 

T. :cool:

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Hi Jogs. Yes I have thought about it and I think it will happen some time soon.

 

The only reason I haven't done it yet is that this account COULD maybe be passed off as a bank account by HFC in which case I would be wasting my time and my tenner - at least until the test case is deceided and I think we all know that the banks will contest it as far and as long as they can. Also I think that as the so called credit crunch deepens and the banks keep whining the final judgement may be more 'political' than just.

 

My reason for the CCA request is so I know which regulations apply to this account. When I know what I'm dealing with I can plan the campaign better.

 

I also have a secured loan with these, well, whatever you want to call them. I have formally complained to them about a couple of things and when that is resolved I will definitely send a SAR to them on that one.

 

 

Keep the faith.

 

T. :cool:

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HFC will have 40 days to respond to an Subject Access Request so I'd just do it anyway and put them under pressure when they close to 40 days (as they always do).

 

The chances are they won't have a copy of your agreement from the 1980's. HFC's filing in most branches was terrible at best!

 

The Current Account Plus was a normal bank account and the agreement would have been regulated by the Consumer Credit Act 1974. The overdraft was a regular overdraft facility except that you had to maintain a payment of at least 1/30th of the balance each month. Most people had their salaries paid in to them so that covered that requirement.

 

It wasn't a particularly good product and when High Street banks introduced debit cards, HFC just couldn't compete as they didn't have the infrastructure or resources to implement debit cards on their accounts. Besides, they were making much more money on the high rates of interest they charged on loans and the subsequent PPI and any other insurances they could flog.

 

HFC Bank always was and always will be a sales company - so long as their parent company, HSBC, doesn't shut them down.

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Hi Scooby. Thanks for the input. I tried to reply a couple of days ago but either my computer or the internet was playing up.

 

I was tempted to send a Subject Access Request but if the current account plus is a bank account it will just be stayed so I don't see much point.

 

If they can't provide a CCA - and I agree with your comment that it's highly unlikely - they can whistle for the outstanding balance and/or future interest and that would be nice.

 

Much as I like the idea of reclaiming penalty charges on this account, I think it's a bit of a non-starter until the interminable test case is concluded (unless you know something I don't :)).

 

As for HSBC closing them down, God speed the day.

 

 

Keep the faith.

 

T.:cool:

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  • 2 weeks later...

HFC are a total pain in the a*~e.

 

After waiting nearly 6 weeks for my CCA they have returned my Postal Order AND the request letter saying I have to sign it before they can proceed.

 

To the best of my knowledge it doesn't need to be signed and I believe that, despite this they are still in default.

 

Can anyone confirm this before I blow their heads off (not literally, of course. :lol: although I could be talked into it. :cool:)

 

Keep the faith.

 

T. :cool:

Edited by skintboy69
wrong number of letters in arse.
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Sent 'em this, the bar stewards! :eek:

 

HFC Bank

PO Box 2445

Birmingham

B1 3PJ

22nd January 2009

Dear Ms Brewer

 

Account Number xxxxxxxxx

 

Thank you for your letter dated 16th January 2009 the contents of which are noted.

 

In your letter you make reference to requiring my signed authorisation before you comply with my request for a signed, true copy of the Credit Agreement relating to this account.

I draw your attention to the fact that the Consumer Credit Act 1974 does not require that I supply you a copy of my signature before you comply with my S77/78 request.

 

If this requirement is for Data Protection purposes then I can supply you with documentation to substantiate my identity. However please note that to date you have been happy to send statements and other correspondence containing extensive and sensitive private information to me at this address. I have to ask why, if you are concerned that you are not corresponding with the correct person, it has taken you so long to raise this issue.

 

My request for a true copy of my credit agreement under section 77/78 was made on 7th December 2008 and the statutory 12 working days limit for your compliance expired on 23rd December 2008.

Note that there is no provision that removes the requirements of the Act to provide this information on time, even if, as you claim, you were unsure of my identity. I was outraged to find that you have ignored my lawful request for 7 weeks and am considering what further action to take against you in light of your utter disregard of and obvious contempt for your duties and responsibilities under the Act.

I now expect you to fully comply forthwith.

Furthermore, I remind you that you are still in Default under the Consumer Credit Act 1974. I enclose a copy of my Formal Complaint for non-compliance for your information. The original has been in your possession since 5th January.

 

 

Love and Kisses

 

 

Skintboy69

 

I wonder what will happen next.

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:) I hate this shower, same bank account as you and yes I did get my charges back. I have written to the FSA to complian about them changing their terms and conditions. I have written to them to ask why they think they are above the law. I have written to them on several occasions to ask for the total amount of PPI I have paid. All I get back is letters of apology and we are dealing with your compliant and blah blah blah. I could wallpaper my house with these letters....and I have written to tell them this as well!
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  • 5 weeks later...

Here's a bit of an update.

 

Time has rolled on and I have still had no response from these cretins. A week or two back I sent them the 'I do not acknowledge this debt' letter and I haven't paid this month's payment.

 

They phoned me a few days ago to tell me I hadn't paid. I said I knew that, and the poor soul asked when I was going to.

 

I don't think she quite understands the ins and outs of Consumer Credit law, but I gave her a brief tutorial which she relayed to her supervisor (who chose not to speak to me).

 

I'm surprised not to have received a snotty letter yet - but no doubt it will arrive in the fullness of time.

 

 

Keep the faith.

 

T. :cool:

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THis shower really is the limit.

 

The expected letter arrived today from my local branch. It wasn't too snotty but was the usual 'you haven't paid, admin charge etc'. I phoned them and put them in the picture but, poor sheep, they can't do anything about anything.

 

Head office has just ignored everything I've sent them and it's now the best part of three months since I first sent my CCA request.

 

Short of blowing the place up around their ears, how do I get a bit of attention??? (now I know how the wife feels :p).

 

Any advise would be greatfully received.

 

 

Keep the faith.

 

T. :cool:

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The branch staff will only have a very basic understanding of the DPA and even less understanding of the CCA.

 

I would send copies of the correspondence to the CEO in Winkfield by registered delivery if you want to get their attention.

 

In fairness to HFC, when you write the the CEO, things usually start to happen rather quickly. Write to any other dept and you're lucky to get a response.

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Hi Scooby.

 

I only phoned the branch as a matter of courtesy. I've been dealing with these guys for a very long time and have always found the people in the branches to be very pleasant and as helpful as their limited authority allows.

 

What I do find most irratating is the total disregard that HFC, as an organisation, has for its duties and responsibilities to its customers. They seem to think that all their customers are stupid and treat them accordingly.

 

I'll drop a line to the CEO (chief executive officer???) and see what drops out.

 

Many thanks for the input.

 

 

Keep the faith.

 

T. :cool:

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  • 10 months later...

Well, 10 months further down the line (and 14 months after my request for a copy of the agreement) HFC have finally admitted that they 'can't find' the documents for this account, but they confirmed that it was opened 1985.

 

Despite this, they claim that it is a valid and enforcable account and intend trying to get their money.

 

Am I right in thinking that without an agreement they have no chance?

 

Cheers, T. :cool:

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  • 1 year later...

Greetings again Dudes. How the years do roll on.

 

I'm still battling with this lot and to be honest, I'm not making much progress.

 

The old CAP account is still on hold. I'm not paying and they're not writing it off but i finally sent a SAR for both my accounts and they sent the stuff just a couple of days before the deadline. It weighed a ton and is about as thick as 3 old telephone directories.

 

I am slowly working my way through it, but their statement sheets make no sense to me at all. The payments and charges shown bear no resemblence to the running balance.

 

Is there anyone out there that can explain how it works?

 

 

Keep the faith,

 

T.

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Greetings again Dudes. How the years do roll on.

 

I'm still battling with this lot and to be honest, I'm not making much progress.

 

The old CAP account is still on hold. I'm not paying and they're not writing it off but i finally sent a SAR for both my accounts and they sent the stuff just a couple of days before the deadline. It weighed a ton and is about as thick as 3 old telephone directories.

 

I am slowly working my way through it, but their statement sheets make no sense to me at all. The payments and charges shown bear no resemblence to the running balance.

 

Is there anyone out there that can explain how it works?

 

 

Keep the faith,

 

T.

 

I probably can - I used to work for them and had a CAP myself. If you can post a couple up, (removing personal info first) then I'll see what I can do.

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Hi Scooby. Thanks or the quick resonse.

 

The account I'm looking at now is a secured loan that I've had for a fair few years.

 

I'll scan a couple of pages and post them up.

 

It won't be until tomorrow though - the scanner's in the loft. :-)

 

Cheers,

T.

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