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    • 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
    • Hi dx I have had an attempt at my witness statement just hope i have got enough in and the order sits well. Any thoughts would be welcomed.   In The county court AT XXXXX CLAIM NO: BETWEEN: XXXXXXXXXXXXXXXX Claimant - -and- XXXXXXXXXXXXXXXXX Defendant WITNESS STATEMANT OF XXXXXXXXXX   I.XXXXXXXXX the defendant in this claim make the following statement believing it to be true will state as follows:-   1.It is admitted the defendant entering into a short term Pay Day Loan agreement for the sum of £400.00 plus 4 months interest totalling £600.48 from Moneyboat.co.uk.   2.It is denied that I defaulted on an “agreement”, as the Defendant has made a first payment of £150.13  towards the amount agreed to be repaid which was not been deducted or taken into consideration and the claimant continued to demand the full total amount from the agreement stated in #1. The claimant rejected a request for assistance during the ongoing Covid pandemic pursuant to the UK Government Legislation at which time I was placed on Furlough by my Employer and worried that it would be difficult to make a payment due to my financial situation.   3. It is denied I failed to abide by the Terms and Conditions of the agreement as at no point did the claimant contact myself to offer assistance to make alternative payments to which I could repay.   4. It is admitted that upon receipt of the claim form a CPR31.14 was issued to the claimant on the 31/012/20 and proof is included in exhibit 1.   Namely to show how I entered into an agreement Show how the claimant quantified the amount claimed   5.The Claimant has not served a Default Notice pursuant to sec87 of the CCA1974.    Need for default notice.   (1)Service of a notice on the debtor or hirer in accordance with section 88 (a “default notice ”) is necessary before the creditor or owner can become entitled, by reason of any breach by the debtor or hirer of a regulated agreement,— (a) to terminate the agreement, or (b) to demand earlier payment of any sum   6. As per Civil Procedure Rule 16.5(4), the Claimant has failed to prove the allegation that the full correct amount of money is owed.   7. My defence stated that the claimant failed to serve notice and it is denied that the Claimant is entitled to the relief claimed or any relief entitled.   I believe that the facts stated in this Witness Statement are true.   Signed ……………….   Dated on the day ……………….   Thanks G
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missold hfc account


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is there anything you can do if you think you was mis-sold a hfc account. i ask this because i had a buy now pay in 6mnths account with pc world. hfc rang me and said they could do a better interest rate account for me so i went in and had a chat and agreed to have a flex account with them. iv had it a few years and looking through the paper work iv just twigged that i was sold a credit card so iv been paying the min payment each mnth and the balance is still at what i started with.

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is there anything you can do if you think you was mis-sold a hfc account. i ask this because i had a buy now pay in 6mnths account with pc world. hfc rang me and said they could do a better interest rate account for me so i went in and had a chat and agreed to have a flex account with them. iv had it a few years and looking through the paper work iv just twigged that i was sold a credit card so iv been paying the min payment each mnth and the balance is still at what i started with.

 

Yes. You can complain to HFC that they have sold you a product that was not in your best interests.

 

The Buy Now Pay Later agreements are fixed term, fixed rate agreements, meaning you're guaranteed to have the account settled after X number of payments (usually 48 ). Yours sounds like a 6 month option account meaning you have 6 months in order to pay the balance and not be charged any interest. If you don't pay the balance, the interest gets added and it's a simple loan where you pay a set amount each month.

 

Transferring the balance onto an open-ended, revolving credit facility may not have been in your best interests.

 

Did you borrow anything extra or did they just "flip" the balance of your BNPL account? Also, did they sell you PPI or any other insurance policies?

 

If you can post the details of what you originally borrowed and what HFC did when you went in to see them that would be helpful. Do not post ant personally identifiable information on this site though.

 

To start your complaint, you should write to the CEO at their head office address:

 

HFC Bank Ltd

North Street

Winkfield

Windsor

SL4 4TD

 

Write to the CEO first rather than the branch as I know from experience (I worked there) that it will be handled correctly. CEO complaints are given a higher priority than complaints received at the branches.

 

When writing a complaint you should explain why you are not happy and what you expect them to do to resolve the complaint. In your case, if you didn't borrow any extra, they should put you back in the financial position you would have been in had they not flipped your account.

 

If they do not offer a satisfactory resolution, ask them to provide a final response. Once you have that you can write to the Financial Ombudsman Service and ask them to investigate.

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  • 4 months later...

That's exactly what happened to me, although it was nearly 7 years ago now, so doubt there's much that can be done about it! I transfered a few other balances over as well, and was told that I would be put onto a competitive interest rate. I actually ended up with a "flexible loan" (a credit card by any other name) with an APR of 29.9%. Hardly a competitive interest rate!

 

Unfortunately, I was only 19 at the time, and wasn't wise to these sorts of things and fell for it! The original balances when transferred came £1200, after 7 years of payments, it's now £1000! Had I have continued with the payments for their respective loan terms, I'd be free of that particular debt by now!

 

Hindsight...it's a wonderful thing!

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That's exactly what happened to me, although it was nearly 7 years ago now, so doubt there's much that can be done about it! I transfered a few other balances over as well, and was told that I would be put onto a competitive interest rate. I actually ended up with a "flexible loan" (a credit card by any other name) with an APR of 29.9%. Hardly a competitive interest rate!

 

Unfortunately, I was only 19 at the time, and wasn't wise to these sorts of things and fell for it! The original balances when transferred came £1200, after 7 years of payments, it's now £1000! Had I have continued with the payments for their respective loan terms, I'd be free of that particular debt by now!

 

Hindsight...it's a wonderful thing!

 

If you still have the account you can still make a complaint - particularly if you have PPI on it.

 

If the account was closed 7 years ago and you had no further accounts, any complaint would be hard to bring. But as you are still paying for this debt as a direct result of the advice they gave, you can make a complaint.

 

As with all complaints, give HFC the opportunity to put things right first - they may even agree with you. If you are not satisfied with their final response, you can take the matter to the Financial Ombudsman Service. I've seen the links saying not to refer to the FOS as it's a waste of time but I disagree entirely - the FOS maybe swamped, but they'll get there eventually and they are impartial and fair from my own experience.

 

Plus, even if you lose the case HFC will be charged £450 (soon to be £500) for the pleasure. Given this cost and the possibility that the FOS may find in your favour, HFC may offer to settle without going to the FOS. Worth a try and you have nothing to lose - the FOS is free to consumers.

 

Also, using the FOS service will not prejudice any court action you may want to take.

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If you still have the account you can still make a complaint - particularly if you have PPI on it.

 

If the account was closed 7 years ago and you had no further accounts, any complaint would be hard to bring. But as you are still paying for this debt as a direct result of the advice they gave, you can make a complaint.

 

As with all complaints, give HFC the opportunity to put things right first - they may even agree with you. If you are not satisfied with their final response, you can take the matter to the Financial Ombudsman Service. I've seen the links saying not to refer to the FOS as it's a waste of time but I disagree entirely - the FOS maybe swamped, but they'll get there eventually and they are impartial and fair from my own experience.

 

Plus, even if you lose the case HFC will be charged £450 (soon to be £500) for the pleasure. Given this cost and the possibility that the FOS may find in your favour, HFC may offer to settle without going to the FOS. Worth a try and you have nothing to lose - the FOS is free to consumers.

 

Also, using the FOS service will not prejudice any court action you may want to take.

I've got PPI on there, am in the process of trying to claim that back. Is my best course of action in regards to complaining to HFC to detail the situation in a letter to them? I've still got my original agreement somewhere so can find out the exact dates the account was started.

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Yes, do everything in writing where possible so you have a full record of what transpires.

 

You don't mention what type of accounts you had previously or what types of firms they were with (e.g. credit cards, buy no, pay later store credit, loans etc). But flipping fixed term, fixed rate credit to revolving credit is not good, unless you have plenty of disposable income to clear the debt quickly, but that said 29.9% APR is a very high rate.

 

If they have flipped any fixed rate agreements onto revolving credit and sold you PPI, it will take a long time to clear if you only pay the minimum payments.

 

What the FOS will look to do in my opinion (if they find in your favour), is put you back in the financial position you would have been in had HFC never sold you this product. That could mean refunding to you any over-payments above the total sum payable under your previous agreements.

 

The fact that they flipped fixed credit to revolving credit and you have only paid £200 off your total debt shows that they haven't considered your interests or treated you fairly.

 

Remember, these are only my opinions and only you should decide what you want to do if you are unhappy with HFC.

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Yes, do everything in writing where possible so you have a full record of what transpires.

 

You don't mention what type of accounts you had previously or what types of firms they were with (e.g. credit cards, buy no, pay later store credit, loans etc). But flipping fixed term, fixed rate credit to revolving credit is not good, unless you have plenty of disposable income to clear the debt quickly, but that said 29.9% APR is a very high rate.

 

If they have flipped any fixed rate agreements onto revolving credit and sold you PPI, it will take a long time to clear if you only pay the minimum payments.

 

What the FOS will look to do in my opinion (if they find in your favour), is put you back in the financial position you would have been in had HFC never sold you this product. That could mean refunding to you any over-payments above the total sum payable under your previous agreements.

 

The fact that they flipped fixed credit to revolving credit and you have only paid £200 off your total debt shows that they haven't considered your interests or treated you fairly.

 

Remember, these are only my opinions and only you should decide what you want to do if you are unhappy with HFC.

There was a 3-year fixed credit agreement from PC world, which is how HFC got my details initially, they also transferred a balance for me from Index as it was then. Both of which would have been on 3-year fixed repayment plans. At the time it was definitely sold to me as being a fixed term deal, but with a lesser interest rate than I was paying. However, I'd already signed on the dotted line and the balances had been transferred when I recieved the statements and realised it was more like a credit card than a loan (which is how it had been sold to me).

 

I seem to remember being told to expect an interest rate of approximately 10% when taking the initial phone call. Stupidly, I didn't check this on the documents, when I went into the branch to sign the various forms, I didn't expect that I would be mis-sold a financial product! It was also mentioned as being a loan that would take me 3 years to clear. They did ask me how much I was likely to pay per month within the initial phone call, so maybe they were predicting how long it would take presuming I paid that amount, but that certainly wasn't made clear to me at any point.

 

Thankyou for your helpful advice, and for making me consider doing something to put right this wrong. I had just hoped it was a one off, and that I was just unlucky, however, upon seeing this thread posted before, it just made me angry that they're still at this dodgy selling tactic! Anything that can be done to stop anybody else being mis-sold an account with them has got to be a good thing!

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