LFC v HFC - Help please with CCA / PPI Calc / £5k of Fees and Charges

[lfcweb]

All, I would very much appreciate some help with this.

 

I took out a loan with HFC bank in 2005. I was told at the time I had to take PPI insurance to get the loan, not long after I was made redundant, but could not claim on the PPI due to insufficient time on the policy etc!

 

Last year I started to get into financial difficulty and I realised after reading an article on the BBC that I may be able to claim the PPI back as they should not have insisted I had to take it out at the time I took out the loan. I issued a CCA request to get the details of the loan and also requested a refund of my PPI, HFC refused.

 

I wrote to them and said I was taking the matter to the FOS in June 2008, on the same day HFC became aware of this they transferred my account to Reston’s who immediately added a £2,224.25 collection charge and £2,731.72 to the balance meaning in 1 day they added £4,955.97 to my account! There is no way I could pay this and offered £45 per month.

 

FOS finally got around to my case in May 2009 and they persuaded HFC to refund the PPI but would not provide me with a figure to expect from HFC, instead advising that HFC would work it out for me, FOS where not interested in the additional charges that had been added to my account!

 

I have now had an offer from HFC for the repayments and I am unsure if this calculation is correct, the loan amount for a start seems to be wrong?

 

I would be grateful if someone could advise if a) the CCA is enforceable, b) the PPI refund is correctly calculated c) what can I do to get the additional £4955.97 taken off my account? It seems to me HFC have added these charges so I still end up paying the PPI.

 

Many thanks for your time and efforts to all on this site!

 

CCA

http://i261.photobucket.com/albums/ii73/lfcweb/hfc1.jpg

http://i261.photobucket.com/albums/ii73/lfcweb/hfc2.jpg

http://i261.photobucket.com/albums/ii73/lfcweb/hfc3.jpg

http://i261.photobucket.com/albums/ii73/lfcweb/hfc4.jpg

 

RESTONS CHARGES & FEES

http://i261.photobucket.com/albums/ii73/lfcweb/hfc6.jpg

 

PPI Settlement offer from HFC

http://i261.photobucket.com/albums/ii73/lfcweb/hfc5.jpg

[cashins]

Blimey!! That's a mother of an agreement.

 

This post will bump you up the list before it gets to far down

 

David

[dx100uk]

that ppi looks resonable to me.

 

now

dca's CANNOT add charges nor interest so ignore reston's on that.

 

infact ignore every DCA they have no legal powers and should not be writing letters which say will this & will that.

i'd report them on both counts.

 

dx

[cashins]

Regarding Restons - they can whistle for what they have added on.

 

Have you had a default notice issued by HFC and if so can you post it up?

 

David

[lfcweb]

Regarding Restons - they can whistle for what they have added on.

 

Have you had a default notice issued by HFC and if so can you post it up?

 

David

Many thanks for your reply much appreciated

 

yes I received a Default notice on 19th May 2008, stating that on the 8th May I had an outstanding Balance of £13,342.88 yet the HFC statments I recieved later showed a balance of £10,403.66 on the 16th May 2008.

 

The figures that are being used in all this correspondance seems to differ it is so confusing! thats why I want to know if the PPI refund is correct the FOS refused to tell me what I should get and what effect it has on the balance of the account. I have asked HFC for updated stamenets twice since they sent me the PPI offer (I have not yet accepted their offer) but I have had no response.

 

DN is here:-

http://i261.photobucket.com/albums/ii73/lfcweb/hfc7.jpg

Edited July 19, 2009 by lfcweb
Spulling

[lfcweb]

that ppi looks resonable to me.

 

now

dca's CANNOT add charges nor interest so ignore reston's on that.

 

infact ignore every DCA they have no legal powers and should not be writing letters which say will this & will that.

i'd report them on both counts.

 

dx

 

Thanks for your reply, show should I report them too? Are there any examples of letters that I could use for this?

 

Thanks again for your help much appreciated. I feel like a rabbit in the headlights at the minute!

[cashins]

Eeeeee.

 

They have cocked up your Default Notice as well.

 

This does have implications, (very bad for them), if they tried to take you to court. Another point - they have now offered a refund for the mis- sold PPI which exceeds the ammount on the notice, they defaulted you when errrrr.... they owed you money!!!!!

 

I am not entirely sure of the implications of this last point myself so I have flagged this thread for a moderator to advise on that.

 

I think you can stop worrying for a bit though.

 

One last point - on any of the letters you have been sent have they told you they have terminated/ended the agreement?

 

David

[lfcweb]

Eeeeee.

 

They have cocked up your Default Notice as well.

 

This does have implications, (very bad for them), if they tried to take you to court. Another point - they have now offered a refund for the mis- sold PPI which exceeds the ammount on the notice, they defaulted you when errrrr.... they owed you money!!!!!

 

I am not entirely sure of the implications of this last point myself so I have flagged this thread for a moderator to advise on that.

 

I think you can stop worrying for a bit though.

 

One last point - on any of the letters you have been sent have they told you they have terminated/ended the agreement?

 

David

 

Hi thanks for the reply, I checked through the file and they have not specificially written that they have terminated / ended the agreement, although I also found they had sent me another 2 DN's previously on 4th Feb 2008 (recv by me on 13th Feb 2008 ) and 19th dec 2007 (recv by me on 28/12/2007) and on each of the 3 DN's they say that the Termination of the agreement WILL take effect on the date shown unless the total arrears are paid in full, so does this mean the agreement is terminated?

 

http://i261.photobucket.com/albums/ii73/lfcweb/hfc8.jpg

http://i261.photobucket.com/albums/ii73/lfcweb/hfc9.jpg

 

I will be asking them again tomorrow for a statment of account so I can see what effect the refund of PPI will do, I am still not certain that the PPI offer they have made is correct though a sthe loan amounts are different from my agreement and from the calculation they have included!

Edited July 19, 2009 by lfcweb
spelling

[cashins]

Hmmm 3 DN's:

 

You have received dates - can you prove those dates?

 

Did you rectify the breach, ie pay them the ammounts demanded on the DN's before it fell due?

 

David

[lfcweb]

Hmmm 3 DN's:

 

You have received dates - can you prove those dates?

 

Did you rectify the breach, ie pay them the ammounts demanded on the DN's before it fell due?

 

David

 

Not sure what sort of proof I can provide, I wrote on the envelopes the day they arrived and kept the envelopes, unfortunately there is no royal mail stamp with a posting date in fact there is no date at all on the envelopes.

 

No I didn't pay the arrears demanded on the DN

 

I was thinking of doing a SAR just in case I missed a termination letter, I did get a letter from Debt Litigation and Recovery Services dated 21st Feb 2008 saying that they received instructions to initiate formal debt collection proceedings which is what they said would happen in point 4b but they never did, as i then issues a CCA request.

Edited July 19, 2009 by lfcweb
updated reply

[cashins]

I wrote on the envelopes the day they arrived and kept the envelopes, unfortunately there is no royal mail stamp with a posting date in fact there is no date at all on the envelopes.

 

 

Excellent.

 

Time given to rectify arrears on a DN is 14 days + 2 days if it is sent 1st class post. The 2nd & 3rd DN would fail on that, the 1st would have worked but it's not 1st class post so that's duff as well.

 

Do not bring that to their attention!

 

I was thinking of doing a SAR

 

It would be wise to do so.

 

David

[lfcweb]

Excellent.

 

Time given to rectify arrears on a DN is 14 days + 2 days if it is sent 1st class post. The 2nd & 3rd DN would fail on that, the 1st would have worked but it's not 1st class post so that's duff as well.

 

Do not bring that to their attention!

 

 

 

It would be wise to do so.

 

David

 

Many Thanks, SAR has gone off today. That's interesting about the DN, I am looking at my other accounts now to see what the situation is with them. I report back when I have the details from the SAR.

 

Thanks again for your invaluable help, today has been one of the better days I have had in a long time.

[cashins]

Many Thanks, SAR has gone off today. That's interesting about the DN, I am looking at my other accounts now to see what the situation is with them. I report back when I have the details from the SAR.

 

Make sure you get all the info from HFC - it's like pulling teeth!!!

 

On your other DN's, be aware that earlier ones only needed 7 days + service, (off the top of my head thats before December 2006)

 

and on each of the 3 DN's they say that the Termination of the agreement WILL take effect on the date shown unless the total arrears are paid in full, so does this mean the agreement is terminated?

 

 

Looking at that again, IMO there is a case for arguing that is in effect notice of termination. Be nice to dot the I's and cross the T's though.

If you look around Restons threads, you will see they are quite prepared to swear blind that black is in fact, white!

 

David

[citizenB]

David, I saw your reported post but this is beyond my knowledge. Have brought forward the request for further help with the site team.

[lfcweb]

David, I saw your reported post but this is beyond my knowledge. Have brought forward the request for further help with the site team.

 

All help gratefully received. Many Thanks

[cashins]

Thanks CB

 

David