willtheywontthey vs HFC / Marbles

[willtheywontthey]

About a year ago I stopped paying HFC - well they had defaulted me and refused to remove the default.

 

I got a general default stating something along the lines of if I don;t pay on time in future we will default you. There were one or two earlier ones which I paid as I recall. I did try to get them to reply to my query 'why exactly did you default me' but received no reply.

 

I have sar'd them many many months ago and am about to do again to get it all up-to-date.

 

I have an FOS complaint ongoing (haven't we all) about them retaliating to each action I took and to their so-called default.

 

I will get organised soon and post the details with scans on here but for now some more background general information.

 

I received a phone call seemingly from Robinson Way. I searched and found email addresses and sent an initial 'go away' letter to RW. I am now sar'ing them as they have annoyed me and I want to see details fo dates or to see if they did any tracing. I have also contacted OFT to report them for contating me without any assignment of any sorts from anybody.

 

So neither have HFC / Marbles written to me to say RW are going to pursue this debt etc. I guess I need to report them to OFT as well then?

 

I will now also update FOS on latest situation. more paperwork but I'm getting more organised although I do wonder why Marbles has come alive again? Must be FOS or ICO complaint getting close and this is latest retaliation?

 

Be interested in any fellow Marbles sufferers have similar experiences? I believe my 'application form' was from 1999?

[willtheywontthey]

Should Aviemore (who?) have told me something at all about them being in ownership of my debt? (HFC / marbles)

[dx100uk]

it would be nice.

however as HFC are useless at providing valid CCA's

i'd justfire that off and say goodbye to the dca!

 

 

dx

[texanbar]

Hi wtwt

 

I only knew about this site end of last year, so when I did my CCA request to HFC Bank, in January 2009 I also got copy of my 'priority Application Form'. This is dated 2002,

 

In July 2008 HFC had sold/assigned my c/c debt to CL Finance and I'm in process of sending them (CL Finance) a ltr about Marbles not supplying a CCA but an application form.

 

Interesting though about Marbles - I'll be subbing!

x:)x

[willtheywontthey]

Well after ignoring my letters of complaint with replies that they were putting the 'collection' of the debt on hold I get a letter from them today saying they've passed it back to 'Marbles' with their reasons why. Not bothering to tell me why but say it's in response to my 'recent' (!!!) 'query'.. (!!!!!)

 

Now that's RW out of the way I'm now going to seek revenge on them for non-compliance with SAR (not all included) and their pathetic response to their so-called complaints procedure. Now re we allowed to ask OFT to 'log' each complaint or not - are they precise in what we are able to ask them to 'log'? I know OFT do not actively get involved in individual complaints but track patterns - am still confused about what they I should refer to the OFT and what to the FOS (who are not very effective to put it politely).

 

Well I guess I will just wait until the next installment.....

[gazab41]

hi I note your post with interest i too have ongoing issues with marbles payment plan requested with them and set up to pay £12.50 pm half my contracted payment orig credit limit £800 meeting dec 04 with ccs worked out amount owed marbles was £1147 which included unfair charges letter in march o5 stated arreres of £439 this obvious overlimit charges etc grand total £1239 have paid £12.50 by standing order without fail for some reason had over 12 months no statments despite repeated phone calls requesting them whilst owned by hfc then got statment out of blue 2008 showing owed more than i did orig then had one statment showing 71.00 aprox refunds still not right bos took over marbles card jan spoke many times to attempt to sort out they admited i might not even owe them anything but no help forth coming they asked me to stop standing order by letter as was going to hfc account and cost them to transfer to correct account this was stoped so june 09 payment late phone call early july asking for payment paid stated £12.50 by phone shows up on online banking guess what they lost it then spoke again investigating loss taken off payment plan as no new financial statment sent however payment plan frozzen intrest for life of balance contact FOS early argust now waiting for marbles to send answer to investigation phoned last friday in respect augusts payment explain contact fos account now on hold indefinatly what do i do now

[willtheywontthey]

Regarding my HFC / Marbles account which I have not paid for over 18 months.

 

Apparantly SAV credit bought the account (I never did receive anything about this at the time)

 

Now have one envelope with 2 letters in it:

 

1. Letter form Aqua stating 'account was legally assigned to Lowell Portfolio 1 Ltd...' etc (says it's for an Aqua Card???? Never had an Aqua Card)

 

2. Letter from Lowell Portfolio 1 stating the SAV credit account ... 'has been sold to Lowell Portfolio 1 Ltd on..'

 

Letter return address is Leeds. SAV credit Ltd address registered in Kent - This is only address of Aqua on the letter. Am I right to assume Lowell Portfolio 1 wrote the Aqua letter. Seem to recall something a bit amiss about some DCAs doing this with letterheads? How else could the Aqua letter have mysteriously got into this envelope from Leeds with the Lowell Portfolio 1 letter.

 

Am I right to assume the usual cca letter needs to be sent to Lowell Portfolio 1. Should I ask for NOA details (which type) until after I SAR them?

 

I will probably also SAR this Aqua company / SAV Credit for more information anyhow.

 

Any other advice on what to be wary of with Lowell Portfolio 1 - I know they have a bad reputation for underhanded methods but a quick list of what to be wary of would be good.

 

Background:

 

HFC/Marbles account in dispute on one or two issues with useless FOS - awaiting Ombudsman as adjudicator passed it on.

ICO found HFC/Marbles had breached DPA in my favour but that means nothing really.

No enforceable cca

 

What's amazing now is that this sort of letter would have got me all stressed out. Now I come on here, ask for advice and get a good allround idea what to do next. I do not feel intimidated as in the past but am wary I need to keep on top of the situation.

[mr.ton]

Once you get the hang of these DCA's..you soon find they are a walkover & you'll soon enjoy playing games with them

[count orlok]

Put it this way; if I wrote to you and said I had taken over your electricity bill and in future you should pay it to me and not your electric company, would you? Would you be further inclined to do it if i put a badly forged letter from your electric comapny in the same envelope? Tell 'em untill you get a proper letter from the OC they get nothing. Chances are the OC can't be bothered, so why should you?

[willtheywontthey]

Well Lowlife had bought a 'debt' from some unknown company whom I'd never heard of called SAV Credit. It seems this so-called SAV credit have told Lowlife that they cannot find it as it's a long time ago. Lowlife say they are going away but if SAV Credit whoever they are find it they'll come bak and entertain me.

 

For additional information SAV Credit (whoever they are) have not replied to my SAR whatsoever. Nothing. Nowt.

 

Questions:

 

1. Does this letter from Lowell mean they accept they ahve no CCA and therefore they should not only lay-off but also not be allowed to sell this o nor either should they be or have put anything down with a CRA?

 

2. Am i allowed to CCA this SAV credit also and even if they do not own the debt anymore am I right to assume if they do not supply a CCA (in whatever form) then they should not HAVE or in future should share my adata etc with 3rd parties or with CRAs? Am interested if I can work backwards as it seems they defaulted me on the CRA details (and I'd never heard of them?).

 

3. Are new 'owners' allowed to take over the details on the XRA records or should any default be in name of original company who defaulted me?

 

(I think it was originally HFC / Marbles but need to check)

[Deb T]

You can CCA who you like but in this instance why bother? In fact why boher with Lowells?

 

It's the sensible option for a dca re a CCA not being found and the DCA going away until it is at which point and if it's not stat barred you can then fire off you CCA's but for now just let it sit and rot.

 

Was the debt assigned? have you received said assignment notice etc?

 

Your default issue wont easily be resolved, CRA's in my opinion are nothing more than blame shifters and always pass the buck.

 

I'd do nothing unless the default is causing you problems? How long since the last payment on the debt?

[PGH7447]

SAV Credit Limited provides credit cards and various financial services products to consumers who are overlooked by mainstream financial services providers in the United Kingdom. It offers aqua card, a credit card that provides the credit needed by customers. The company was founded in 2001 and is based in Tunbridge Wells, the United Kingdom

[Deb T]

SAV Credit Limited provides credit cards and various financial services products to consumers who are overlooked by mainstream financial services providers in the United Kingdom. It offers aqua card, a credit card that provides the credit needed by customers. The company was founded in 2001 and is based in Tunbridge Wells, the United Kingdom

 

 

Um, not sure I'd agree with the 'credit needed by customers' their front page shows a card at 35.9 apr, with the best will in the world no matter how poor your situation is you don't need a credit card with that kind of interest rate.

 

http://www.aquacard.co.uk/

[The GodMother]

PGH7447 was just saying what some of there promo stuff says.

 

Yes there cc rates are high etc but l recieved a mailing from them tell me that l NEED a credit card to re build my credit status.

 

Well l NEEDED to put some other stuff in the bin which is were the mail went.

[ashmk]

BIN ?? Tear it up and put it back in the pre paid envolope and return it to them. I dont even bother to remove my name. I want them to know its me so they stop sending and so far it seems to be working.

[ScarletPimpernel]

If SAV have failed to respond to a SAR, you can sue them for an order to comply, and damages.

[willtheywontthey]

I thought all that I could do regarding non-compliance was report to ICO who then say 'tut tut' and cannot fine them? Can I sue them 'after' the ICO makes a 'verdict' or not?

 

Regarding SAV credit - never had anything from them that I recall until Lowlife appeared with some sort of letter of assignment from Aqua . HFC/Marbles never sent me anything neither did this SAV/Aqua lot until Lowell got involved.

 

I tend not to reply to Lowlife and they send letters saying we will nto contact you again and then they just cannot help themselves.

 

I think I will try to get my files in order and then possibly start some action against SAV / Aqua and see if I can get something done regarding my default from HFC/Marbles initially which now seems to have SAV Credit's name on it now???