Saint2K vs HFC

[Saint2K]

Hey All.

 

Received a letter from HFC offering me 50% off my current balance.

 

Has anyone received any of these letters previously, and how negotiable are HFC with regards to lowering the amount offered?

 

A lot of the balance is made up of charges, and I would probably be prepared to offer 25% based on this fact.

 

I've been paying off the balance now for three years.

[dx100uk]

might you also have PPI here too?

 

if HFC are offering 50%, then i bet there is more on the a/c you can reclaim than that.

 

pigs dont fly esp with HFC.

 

dx

[Saint2K]

Not entirely sure whether there is PPI on the account or not. Is there anyway to check without sending them a SAR?

 

I might write a letter back offering 20% and see what reply I receive!

[Saint2K]

Ok, drafted this F&F letter, what do you guys think?

 

--

Dear Sir/Madam,

WITHOUT PREJUDICE

Reference: XXXXXXXXXXXX

 

I write with reference to the money which you are claiming on the above account.

 

While admitting no liability for the account and the sum claimed as owing, I am willing to offer the sum of £41.00 as an ex-gratia payment in full and final settlement of the account. I believe this offer is fair as I am unable to repay the balance in full that you claim I owe, and will be unable to settle the balance for several years to come. Furthermore, my financial situation is further compounded by the upcoming birth of my first child. As a socially responsible company, you will no doubt appreciate that my financial situation after the birth of my child will be extremely stretched. You will further understand that my priority is to ensure my child has full financial support, which in turn will reduce the available funds for my creditors.

Moreover, with regards to the above account, I am of the belief that the balance is made up primarily of unlawful penalty charges, and time it is my intention to claim these back through the County Court. However, if you choose to accept the above offer, then I will consider the matter closed.

This offer is made on the clear understanding that neither you nor any associate company will take any further action to attempt to enforce or pursue this debt in any way whatsoever and that any and all liability on our behalf will be fully discharged on receipt of the above stated monies.

 

This offer is made on the condition that of all adverse entries regarding this account are removed from our credit files with the credit reference agencies. I also request that, if accepted, you will mark any entry on a credit reference agency file relating to the above account as "satisfied" in full.

 

Payment can be made within 14 days of receiving your written confirmation of your agreement to this offer and the subsequent terms of the offer. Payment will be made by a third party to ensure impartiality. Please also identify your preferred method of payment and the details of making said payment in your reply.

 

Please note this offer will expire on 10/08/2009 if no letter of unconditional acceptance is forthcoming and may not be repeated. This offer is not open to negotiation.

 

I look forward to receiving your considered reply.

[Saint2K]

Hey.

 

Just drafted a F&F letter to my creditor HFC, and was wondering you guys could give it a once over.

 

Basically, I have not CCA'd them as of yet, or SAR, but I know the balance is made up of charges as I indicated on my recent statement.

 

They sent me a letter recently offering to settle for 50% of the outstanding balance, and this is my reply......

 

--

Ok, drafted this F&F letter, what do you guys think?

 

--

Dear Sir/Madam,

WITHOUT PREJUDICE

Reference: XXXXXXXXXXXX

 

I write with reference to the money which you are claiming on the above account.

 

While admitting no liability for the account and the sum claimed as owing, I am willing to offer the sum of £41.00 as an ex-gratia payment in full and final settlement of the account. I believe this offer is fair as I am unable to repay the balance in full that you claim I owe, and will be unable to settle the balance for several years to come. Furthermore, my financial situation is further compounded by the upcoming birth of my first child. As a socially responsible company, you will no doubt appreciate that my financial situation after the birth of my child will be extremely stretched. You will further understand that my priority is to ensure my child has full financial support, which in turn will reduce the available funds for my creditors.

Moreover, with regards to the above account, I am of the belief that the balance is made up primarily of unlawful penalty charges, and time it is my intention to claim these back through the County Court. However, if you choose to accept the above offer, then I will consider the matter closed.

This offer is made on the clear understanding that neither you nor any associate company will take any further action to attempt to enforce or pursue this debt in any way whatsoever and that any and all liability on our behalf will be fully discharged on receipt of the above stated monies.

 

This offer is made on the condition that of all adverse entries regarding this account are removed from our credit files with the credit reference agencies. I also request that, if accepted, you will mark any entry on a credit reference agency file relating to the above account as "satisfied" in full.

 

Payment can be made within 14 days of receiving your written confirmation of your agreement to this offer and the subsequent terms of the offer. Payment will be made by a third party to ensure impartiality. Please also identify your preferred method of payment and the details of making said payment in your reply.

 

Please note this offer will expire on 10/08/2009 if no letter of unconditional acceptance is forthcoming and may not be repeated. This offer is not open to negotiation.

 

I look forward to receiving your considered reply.

[dx100uk]

good letter

as for the PPI

a CCA request should reveal that for £1.

 

dx

[Saint2K]

Hi dx100uk,

 

I'll fire off a CCA request in the coming days.

 

Will keep you all posted. Keep up the good work guys!

[Guest Old_andrew2018]

Just repliing to BUMP your thread I am sure there are many experts who will give advice.

[dx100uk]

try and keep to one thread about things

 

http://www.consumeractiongroup.co.uk/forum/hfc-household/211380-sgx-hfc.html

 

have you progreesed the advise given there?

 

dx

 

i'll get the threads merged

[freakyleaky]

2 threads merged

[Saint2K]

Thanks, sorry didn't realise that I had two threads open for the same creditor!

 

No reply as of yet from HFC, but will let you know when I do.

[Saint2K]

Update:

 

HFC refused my offers for F&FS, and then sent me a standard letter threatening legal action if I failed to provide a reasonable repayment plan.

 

I then sent off a CCA request around two weeks ago, to which they have failed to respond, so the account is now in dispute and should be on hold.

 

However, I then received this letter today.

 

How do you think I should response?

[Saint2K]

New Year Bump!

[lookinforinfo]

If any bank thought they had a strong legal case against you, they would go to court to get their money instead of offering you a large discount. Either that or they think you do not have enough money to warrant taking you to court.

 

As they are in breach of your CCA request, they cannot take you to Court.

Have they sent you a Default Notice yet? They would need to have done that before they can instigate legal proceedings.

 

Probably best to send them an SAR so that you can get the full info that you will need for a defence including getting a copy of the original agreement.

 

At the same time as you send off the SAR just remind them that as the account is in dispute because of the unfulfilled CCA request, court proceedings are out of the question. Send it recorded delivery and keep a copy. you are getting to the stage where you need to dot the "i"s and cross the "t"s.

[Saint2K]

UPDATE:

 

In response to my CCA letter, I have just received the following reply.

 

Correct me if I'm wrong, but my CCA request (CAG Template) is under s78 of the CCA, and at present has nothing to do with the Civil Procedure Rules?

[lookinforinfo]

Did you include the £1 payment with your CCA request?

They are probably trying to confuse you so that you don't realise they are in

breach of the Consumer Credit Act and therefore they cannot enforce the debt.

[Saint2K]

Hi lookinforinfo,

 

Absolutely, £1 was included with the original CCA request.

 

Should I write back correcting them, advising that I am making a request under s78 of the CCA as opposed to under the CPR?

Edited January 6, 2010 by Saint2K

[Saint2K]

Bump.

[Saint2K]

I've written this reply, what do you experts think?

 

-------

 

Dear Sir/Madam,

 

I write with regards to your letter dated the 29th December 2009, the contents of which have been noted.

 

I appreciate your acknowledgement of my request for a true signed copy of the credit agreement relating to the above account.

 

Take note, this request is made under s.78 of the Consumer Credit Act 1974, and is not made under the CPR 31.16 as stated in your reply.

 

I look forward to receiving this information within the allowed statutory timeframe remaining.

 

-----------

[lookinforinfo]

You could ask them to confirm whether the copy is a reconstruction and if so, do they have the original. You could also add that if it is a reconstruction, that should they attempt to take you to Court that you will

ask them under CPR31.16 for a copy of the original.

 

{it may well be that as they suggested the CPR alternaative that they do have the original. Of course that could be a double bluff......}

[Saint2K]

Hi Folks,

 

Bit of an update, since my last post, I have been provided with an unenforceable agreement, mainly as it doesn't contain the prescribed terms. However, I will not be pursuing this matter further, and I will only use this as a defense should the creditor ever take me to court.

 

This is due to the various discussions on the recent court judgments regarding pursuing a creditor for the original CCA.

 

Anyway, I digress!

 

Today, I have received a Default Notice from HFC, and I would really appreciate if you experts could take a look and tell me whether it is valid?

 

Thank you

 

http://dl.dropbox.com/u/337010/HFC%20Default%20Notice%20-%20Page%20One.jpg

 

http://dl.dropbox.com/u/337010/HFC%20Default%20Notice%20-%20Page%20Two.jpg

[haggis1984]

Im far from an expert but im sure the dates are okay. Theyve given you until the 5th of March to pay the arrears. The prescribed period is 14 days (+4 for 2nd class posting).

 

Is the arrears figure accurate?

 

If they're anything like MBNA they might terminate the account before the date shown anyway - gives you some extra ammo

[Saint2K]

Im far from an expert but im sure the dates are okay. Theyve given you until the 5th of March to pay the arrears. The prescribed period is 14 days (+4 for 2nd class posting).

 

Is the arrears figure accurate?

 

If they're anything like MBNA they might terminate the account before the date shown anyway - gives you some extra ammo

 

Hi Haggis,

 

Thanks for the reply.

 

The balance is correct, it's the total balance owed to HFC for a loan agreement I took out a few years ago when purchasing a laptop through Dixons.

[haggis1984]

Is the £386.72 just the arrears or is it the total balance of the loan?

[Dotty50]

Hi Saint,

 

You have left the account number on the letter you have put on post 21