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CCA request from HFO


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Hello,

In the past I have been given some great advice on this forum regarding a debt I have with barclaycard.

 

I now have another problem (also with Barclaycard!).

 

Years ago I had 2 different types of Barclaycard and got into debt with both of them. One of them has been delt with but now I am getting letters from HFO regarding the other debt.

 

I was paying HFO £15 per month but found this was stretching me too far and so I wrote to them and asked if I could reduce the ammount to £10. They refused and I have heard nothing more for about 2 years. I have now recieved a letter from HFO saying this.....

 

quote

"Because you have agreed to make payment on this account you have admitted to the debt and therefore the account can no longer be disputed"

end quote

 

They then go on to ask me to contact them and that they may be able to remove some charges.

 

My question is this...Should I send them a CCA request?

 

Many thanks for any help.

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Simple anwser is Yes, send them a CCA request. When they default (and they will), put the account into dispute and only pay what you want - if anything.

Arrow Global/MBNA - Discontinued and paid costs

HFO/Morgan Stanley (Barclays) - Discontinued and paid costs

HSBC - Discontinued and paid costs

Nationwide - Ran for cover of stay pending OFT case 3 yrs ago

RBS/Mint - Nothing for 4 yrs after S78 request

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The fact you have been making payments cannot stop this account going into dispute if they fail to respond to a CCA request. Just the normal tosh from a DCA. Send the CCA request ASAP then follow the advice about payments given by Docman ;)

:)I am not an expert, but I can give good advice about Brighthouse:)

 

Am learning more and more about DCA's too :)

 

I have no legal experience and all advice given is based on the knowledge I've gained from this site.

 

<------If you think I have been helpful, please feel free to tip my scales - remember to put your CAG name though!

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  • 2 weeks later...

Sorry - I'm being a bit thick!

On the CCA template page on this forum it says....

 

Please ammend paragragh 1 to suit. ie s77 Fixed sum credit such as loans, s78 Running account credit such as credit cards & catalogues and s79 Hire agreements.

The debt is to Barclaycard - so do I change para 1 to say s78(1) ???? It currently says s.77(1)

Thanks

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Sounds like an application form. When was this document dated/the alleged account taken out? Also, is this all they sent? No terms and conditions? Oh dear...

 

To be an enforceable agreement in must have all the right bits within it - could you scan it (removing your personal and account details) and post in on here so we can have a look?

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

If a Cagger helps you, click their star. Better still, make a donation however small, so that CAG can continue to help others.

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I've done as you asked and scanned it. The copy they sent me is very hard to read so I hope this helps you. This is all they sent me. Thanks for your help.

ccasmall620x872.jpg

Edited by bigcarpman
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Oh dear! It contains none of the prescribed terms - it's an application form, nothing else. This is typical of Barclays - they only seem to have application forms from this period.

 

It's time for the 'account in dispute' letter to HFO, notifying them they have failed to satisfy your S78 request.

 

This lot are nasty, so let's get one over on them...

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

If a Cagger helps you, click their star. Better still, make a donation however small, so that CAG can continue to help others.

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I'd be tempted to say that if this is an approval, could they send you the agreement. Seriously, send the dispute account letter. But be warned, this crew will go to the end of the road. Don't expect them to back down.

Arrow Global/MBNA - Discontinued and paid costs

HFO/Morgan Stanley (Barclays) - Discontinued and paid costs

HSBC - Discontinued and paid costs

Nationwide - Ran for cover of stay pending OFT case 3 yrs ago

RBS/Mint - Nothing for 4 yrs after S78 request

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Is it not time the OFT clamped down on DCAs,a trying to obtain money with unenforcable credit agreements. Money by deception, hoping the consumer and the Judge has no knowledge of consumer credit legisltaion.

US President Barack Obama referred to Ugland House as the biggest building in the world or the biggest tax SCA* in the world.

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Thanks very much for all your replies. I'l send the dispute letter today.

 

Edit : I'm really sorry - I can't find the proper template, can anyone point it out to me?

Edited by bigcarpman
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Ok I think I know what I'm doing now!

Would this be suitable?

Thanks for your help folks!

Dear HFO,

Thank you for you letter dated 25th Feb 2009, unfortunately Barclays have provided you with a copy agreement which as you must realise does not conform to sections 60(1) and 61(1) of the Consumer Credit Act 1974 and would therefore only be enforceable by a court under s65. However, the absence of any prescribed terms means that a court would be prevented from enforcing it under s127(3).

I trust you will now be in a position to reduce the balance on this account to £0 and request Barclays to remove any default that has registered with any credit reference agency as required by the Data Protection Act 1984 since it is obviously incorrect as no agreement existed between me and B arclays. If you refuse, I will commence court proceedings against you under s14 of the Data Protection Act 1984.

I look forward to your favourable reply within the next fourteen days.

Yours faithfuly

Edited by bigcarpman
mistake
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Is there really a default still registered by Barclaycard? And one by HFO?

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

If a Cagger helps you, click their star. Better still, make a donation however small, so that CAG can continue to help others.

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I have no idea, I just assumed there would be, shall I remove that section? I copied the letter from eleswhere in the forum.

I'm sorry I keep asking questions but it's all a bit confusing!

Edited by bigcarpman
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I think any letter you send needs to be accurate in its scope; it may be worth checking your credit record to see what defaults, if any, are on there, who they're from and more importantly when they were applied. These dates often don't fit with supposed assignment dates.

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

If a Cagger helps you, click their star. Better still, make a donation however small, so that CAG can continue to help others.

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OK thanks very much. I can't afford to get my credit rating checked so I think I'll just remove that part of the letter.

maybe this woudl be better (its taken from a template on this forum).

 

Dear HFO,

Thank you for you letter dated 25th Feb 2009, unfortunately Barclays have provided you with a copy agreement which as you must realise does not conform to sections 60(1) and 61(1) of the Consumer Credit Act 1974 and would therefore only be enforceable by a court under s65. However, the absence of any prescribed terms means that a court would be prevented from enforcing it under s127(3).

I am granting to you a further 21 days to produce a copy of an executable agreement. After that I will consider that the above account is closed and that you will no longer pursue the alleged debt.

After this period you should close the file and cease processing any personal data relating to me on this matter.

Yours faithfully

 

Is it correct that I give them 21 days?

Thank you once again for your help.

Edited by bigcarpman
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