HFC/Capquest

[felixfly]

Hi

 

Just starting a new thread for my dealings with HFC/Capquest.

 

Basically i took out a loan with HFC to pay off an existing loan and a bit extra to pay a CC. This was about 5 years ago.

 

I was paying it back ok for 2 years then lost my business an fell on hard times. I ended up with CCCS making payments and my debt was passed to Capquest.

 

I have now left CCCS as many of my creditors were charging more in interest than i was paying and i wanted to pay them direct and try to get CCA's SAR's etc to check for penalties and such that i may be able to claim back.

 

I have sent a CCA to Capquest and received a letter saying my account is on hold for 28 days whilst they request the info. It also says my balance is £10,500:eek:.

 

Anyway i will see what they come back with and post it up, then they will probably get an SAR.

 

Regards

[PGH7447]

need to send the sar to HFC not crappyquest

[felixfly]

Hi

 

I CCA'd Capquest regarding an HFC loan for £9000. I have today received a letter saying please find enclosed copy document(s) as requested.

 

What they have sent is a single page statement that looks like it has been knocked up on excel in 5 minutes. It only covers the period 2005 to mid 2007 even though we are still paying and for a £9000 loan the opening balance states Amount of Transaction = £15,500, Amount to Insure = £6500.

 

Now i know i didnt request any insurance as i never do. However the column marked 'Amount of Interest' is empty, there is also no record of any insurance being added to the account. I am thinking they have put the interest in the insurance column but could it be something else?

 

Anyway this one sheet is all they sent in response to my CCA so they have not complied.

[manchester1]

Hi felix fly , let me get hold of a ****** letter for this DCA

 

Manc1

[manchester1]

Felixfly , Try something like this

 

 

 

Re: my request under the Consumer Credit Act 1974

 

Thank you for your recent letter sent to me, the contents of which are noted. I appreciate your quick response to my original letter. However, the reply received by me does not fulfil your requirements under the Consumer Credit Act 1974.

 

The Act demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above account. I may ask for this on demand providing that a fee of £1.00 is paid. This fee was sent with my original letter.

 

My request remains outstanding. An application form, like the one you sent in your reply, does not constitute a true copy of any credit agreement that may or may not have been signed by me on the opening of this account. A application neither confirms that I am liable for any alleged debt to you, nor gives me any chance to evaluate whether any original agreement was ‘properly executed’.

 

I still require you to send me a true copy of the original credit agreement that you allege exists. As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This means that unless you can produce such an agreement, this alleged debt is not enforceable in law.

 

You had until XX/XX/2007 to provide me with the true copy I requested. You are now in default of my request. Any account I hold with you is now in legal dispute. Whilst the account remains in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, nor make any further charges to the account. Additionally, you are not entitled to register any information on this account with any credit reference agency.

 

To register information with a credit reference agency, you must have written consent from the customer to collate and share such information. This consent is given in the form of a signed credit agreement, so until you produce such an agreement, you may not do this.

 

The requirement for consent to share data is a clear requirement of the Data Protection Act 1998. any such attempts to share my data without my consent will be met with a complaint to the Information Commissioners Office

 

To sum up, I will not be making any further payments to you until you provide me with the document I have requested. Whilst you remain in default of my request, you are not permitted to take any action against this account. This includes adding further charges and passing any information to the credit reference agencies.

 

Should you not have any signed credit agreement in relation to this alleged debt, please confirm this in writing to me.

 

 

I look forward to your reply.

 

Yours faithfully

 

 

**amend to suit your circumstances

 

 

Good luck

 

Manc1

[felixfly]

Thanks!

 

Its going out in the post tomorrow. (Minus the bit about sending me an application form as i never even got that:rolleyes:)

 

Felix

[cerberusalert]

Just insert "a single page statement that looks like it has been knocked up on excel in 5 minutes" instead.

[felixfly]

Well they fianally sent me my CCA.

 

I take it the fact it isnt a signed copy makes it worthless and the account is still in dispute?

 

Apart from it not being signed would this be enforceable?

 

 

 

 

[cerberusalert]

It would be enforceable if it were signed yes, but as it stands now although they've complied to your CCA request by providing a true copy it could have been knocked together last week. It looks as if you are going to have to do a SAR to try & get a signed copy (if one exists).

[felixfly]

Thanks for the reply. I stopped paying as they didnt comply withing the time limit for the CCA request. Should i now start paying again whilst i wait to see if they comply with my SAR?

[Undercover-Elsa]

Hi Felixfly,

All their deliberate play on words about copies and true copies is ridiculous.

Makes you want to cut through the cr*p and just say

 

"Thankyou for sending me an EXAMPLE of what a credit agreement, if it existed, would look like.Very nicely done. However, if you do actually hold the ORIGINAL alleged agreement complete with signatures which I requested, would it not have been far easier to simply photocopy that? As you clearly have been unable to do this, this naturally begs the question..does it exist at all?"

 

I'm not advocating sending this, the template letters are brilliant, and tried and tested, but sometimes it would be nice to be more upfront!

Elsa x

[cerberusalert]

You could try them with this first;

 

 

Dear Sirs

 

Account number

 

I write with regards to the above account with your organisation.

 

I respectfully request that you provide me by return a copy of the credit agreement which bears my signature. I require this as i have reason to believe that there may be discrepancies within the agreement which may leave it improperly executed.

 

Obviously if the agreement is improperly executed I would be entitled to ask the court to consider the agreement and make a declaration of the rights of parties to the agreement.

 

I must stress this request is NOT made pursuant to section 78 Consumer Credit Act 1974 but is made pursuant to the Civil Procedure Rules ( Pre action protocols and Part 31.16) and therefore unsigned copy will not suffice, only a copy of the original contract in its unaltered form will suffice in these circumstances

 

Please confirm if you still hold a copy of my signed agreement and that you will provide me with this document.

 

I do not view this as an unreasonable request given that by supplying the document which I have asked for it will allow me to assess if my case has merit and will help to resolve matters possibly without the need to involve the court and will undoubtedly save costs on both sides

 

I look forward to your reply and would ask for a response by 4pm on XXXX Date ( Give 21 days to respond)

 

Yours,

Print name do not sign

[felixfly]

Thanks, ill send that off tomorrow.

[felixfly]

Well i have today received a letter from Beneficial Finance. It says that i have been unable to contact them regarding my account:confused: It then goes on to say they have experience dealing with people in financial difficulties and they intend to come and visit my address in the next 14 days unless i ring them.

 

I have still not received a signed CCA.

[cerberusalert]

Send them this;

 

Dear

 

 

I Do Not Acknowledge Any Debt to Your Company

 

I am writing in reference to your letter dated xx/xx/xxxx

 

I would ask that no further contact be made concerning this matter unless you can provide evidence as to my liability for the alleged debt in question.

 

If you are unable to provide evidence as to my liability I await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

 

I have duly noted your intention to authorise a collector to visit my home.

OFT rules and regulations clearly state that you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you. There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.).

 

Therefore take note that I revoke license under Common Law for you, or your representatives, to visit me at my property and if you persist in sending “doorstep callers” to my home, you will be reported for harassment and be liable for damages for a tort of trespass. You would also be liable for conspiring in a tort of trespass by acting in defiance of my instructions and sending someone to visit me nevertheless.

 

Should it be necessary, I will obtain an injunction.

 

 

Yours,

Print name do not sign

[felixfly]

Thanks, sending today.

[felixfly]

Well i have today received a letter from Beneficial offering me 50% off my balance as F&F settlement. I wonder why they would do that?

[cerberusalert]

Philanthropists?

[felixfly]

Hi

 

They appear to have stopped asking me for money as i haven't heard anything from them for ages.

 

Could someone take a look at the default notice they sent to me and let me know if its OK?

 

Regards

 

Felix

 

[cerberusalert]

The default notice is defective, they've only allowed you 14 days from the date of the letter to remedy, they haven't allowed for postal service which is 2 days first class & 4 days second class.

 

Failure of a Default or Termination Notice to be accurate not only invalidates such notice (Woodchester Lease Management Services Ltd v Swain & Co NLD 14 July 1998 but it is an unlawful rescission of contract which would not only prevent the Court enforcing any alleged debt (Wilson v First County Trust Ltd (2003) UKHL 40, Wilson V Robertsons (London) Ltd(2006) EWCA Civ 1088, Wilson v Pawnbrokers (2005) EWCA Civ 147) - but would also give the claimant a claim for damages in the sum of £1000 (Kpohraror v Woolwich Building Society (1996) 4 All ER 119).

[cerberusalert]

It gets even better, the 5th of January was a Friday so it couldn't have gotten into the postal system before Mon 8th so it is 5 days short.

[felixfly]

Wow thanks for that. Do you know if there is already a template to send them that states the above? If not i will cut and paste the paragraph into a letter requesting they close my account and remove the default.

 

Thanks again.

 

Felix

[cerberusalert]

There isn't a template that I'm aware of.

[felixfly]

Hi

 

This is still dragging on. They have now sent me a copy of the agreement which is identical to the one i posted earlier but with my signature on. It is now with Robinson Way. How should I proceed considering the dodgy default notice I posted. What effect does that have on the account?

 

They are threatening further action in 10 days.

 

Regards

[felixflyer]

I have just noticed that the default was registered on my credit file a month before the default notice was sent! I did have a couple of letters before this default was registered but they do not look like 'default notices' they are just threat o grams from Beneficial.

 

I would be willing to start making payments on this account now I have received my CCA at last, I would like the default removed from my file now though if it was unlawfully placed there.