Just been doorstepped....

[berrylover]

Have to say that my credit rating is of no concern to me at the moment, or for the forseeable. Therefore I cannot see even a paltry offer being made by myself on this one.

[the_shadow]

Have to say that my credit rating is of no concern to me at the moment, or for the forseeable. Therefore I cannot see even a paltry offer being made by myself on this one.

 

 

:D:D:D

 

S.

[GamekeeperToPoacher]

CPR see PTs sticky thread

 

 

GK

Edited May 23, 2009 by GamekeeperToPoacher
Typo alcohol induced

[berrylover]

Got this, this morning. Nowt new, with the same agreement as before with the wrong surname and signiture on it.

 

 

Will send them the same letter back again.

[lickthewallfatboy]

then they're stuffed

[babybear39]

Subscribing...I like a good fight

[cashins]

Subscribing...I like a good fight :grin:

 

Yes, they do seem to be going further up the same creek!:grin:

 

David

[tosh1]

subbing

[GamekeeperToPoacher]

Seems to have gone a bit quiet

[berrylover]

Had another letter today.

 

Basically saying I haven't been in touch, Jeez I wonder why not eh? Am sending them this back.

 

 

 

Ref:

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY

 

Dear Sir,

 

Thank you for your letter dated 18th November 2009 which I have noted for future reference.

 

As I have explained in previous letters, telephone conversations and when your representative came to my house I am still waiting for a copy of a signed, properly executed Consumer Credit Agreement for the above account as was requested in July 2008. I have provided you with the legal documentation that shows that the name on the agreement that you claim covers this account was not correct several times now.

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account and therefore the account has been in default for over a year. Can you please explain if you have a Consumer Credit Agreement with the correct details on, and when you are going to supply them to me. If you are unable to supply a copy of the correctly signed and executed documents (which contains the correct name details on) I require you to put this in writing to me.

As you are no doubt aware section 77(6) of the Consumer Credit Act states:

 

If the creditor fails to comply with Subsection (1)

 

(a) He is not entitled , while the default continues, to enforce the agreement.

 

And

 

(b) If the default continues for one month he commits an offence.

 

Therefore this account has become unenforceable at law.

 

As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested.

 

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Furthermore you should be aware that a creditor is not permitted to take ANY

Action against an account whilst it remains in dispute.

 

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

 

I now require you to either send me a copy of the Consumer Credit Agreement with the correct details on it, signed by myself, or an explanation as to why you are unable to supply this document, within 14 days of this letter.

 

Yours faithfully,

[Huff&Puff]

Personally I wouldn't bother writing to them at all. They should not be chasing you for a debt that is in dispute, an there is also the small matter of their attempted fraud. My view is that it is time for a complaint to Trading Standards and the OFT.

[babybear39]

And the police and your MP.

[berrylover]

Well have just had this lot on the phone again (even though I sent them the "do not phone me, don't send any more people to my house letter ages ago-about 2008 (strike 1). No security check done before discussing the case this time (strike 2), them claiming that despite me changing my name in 2003 I signed an agreement in 2004 (over 10 months later) in my pre-divorced name. Them claiming that they made a final response to my query of why the agreement was in the wrong name in 2008 and that they wouldn't be addressing my claim for a CCA in my post-divorced name again. They also said that they would be passing it to solicitors and possibly taking me to court. (strike 3). They said if I had a complaint to make to send it to the FOS.

 

Now they have ignored my requests not to telephone me and to keep everything in writing, they have broken data protection by not going through a security check and they have made threats to me about taking me to court etc (CPTU??? thingymybobby, can't remember the initials) and still have a document which was definitely not signed by me in 2004 in the wrong name which they claim proves I am liable for a debt.

[Delta-Charlie-76]

Have you complained to the OFT & Trading Standards yet? If not, I would do so ASAP.

 

CPUTR (Consumer Protection from Unfair Trading Regulations) I think you are thinking of.

[berrylover]

Have you complained to the OFT & Trading Standards yet? If not, I would do so ASAP.

 

CPUTR (Consumer Protection from Unfair Trading Regulations) I think you are thinking of.

 

 

Aye that was it.

 

They can't do anything. The account is still in dispute. They haven't sent me a valid signed, executed copy of the CCA yet. I have sent them a copy of the legal document that shows I changed my name in 2003, the agreement they have sent is dated 2004 and has the wrong name on it. They can whistle as far as I am concerned.

[new-me2010]

Isn't this debt getting close to the 6 year limit ?

[berrylover]

No, cos I was making payments until 2008, it is only 20 months or so into its statute barred period.

[sillygirl1]

Sounds very much like the left doesn't know what the right is doing here within HFC.

 

They don't know when to stop once they start their little cycles - their local office here in Sutton has been closed for a while, as has Beneficial Finance, so they are probably having a last gasp attempt.

 

Their interest rates alone are questionable, as are their sales tactics. Did you have any PPI with them or any other 'loan agreement fee' added to the total.

[berrylover]

Got a default letter today. They must have searched my credit file as i moved in March. Anyway, the account was defaulted in 2007, so surely they cannot default it again? Also they are still saying that the CCA with my maiden name on is valid, despite me having changed my name over 10 months earlier and having legal documentation saying this.

[tracybeaker]

Subbin...

[babybear39]

Invite them to take you to court and see what a DJ makes of this

[berrylover]

Phoned them up, asked when they were going to supply me with a CCA and if they were allowed to put another default on my credit file when they had already put one on in 2007. Got told that they had checked my CCA with a "handwriting expert" who had confirmed that the signature matched the 2000 CCA (don't think this is true, plus it must be copied as I definitely didn't sign it in my old married name in 2004).

 

Then the woman went off on a rant about how in her opinion she wouldn't have ruined her credit record by trying to avoid making a payment. I asked her if that was HFC's opinion or hers. She said it was hers, and so I said "What right do you have to make any assumptions or opinions of me? Is that HFC's policy? To allow employees to have a go at people based on their personal opinions?"

 

Ended up speaking to her manager who said the default notice was not a default notice but a warning of a default notice. Also said it didn't matter that the details on the CCA were wrong as I was just trying to avoid my debts. I told her that my main worry wasn't about paying off the account, but how HFC had a CCA with the wrong name and what I suspect to be a forged copy of my signature on it.

[berrylover]

Oh and she offered me money off to pay off the account

[berrylover]

So do I just continue ignoring them?

[ashmk]

I wish I had got to this post earlier and my advice would be to follow this scenario.

 

Doorstep caller: Hi is Berrylover in

Berrylover : You have 10 seconds to leave my property before I drag you by you hair and dump you in the gutter.

Doorstep caller: Leaves quickly.

 

Job Done