HFC Debt/Default

[Sue1962]

Hi

 

Am after some advice prior to making a phonecall to Reston Solicitors this morning.

 

I took a loan out with HFC (now Beneficial Finance) in September of 2003. To-date I have only £3k left to pay but have fallen on financial hardship (as per the rest of the nation) and wrote to them to arrange a new repayment plan.

 

I managed to get them to accept £15 per month. However, I have not even been able to pay that for the last two months but can bring this outstanding amount up to date at the end of this week (pay day).

 

I have today received a call from Reston Solicitors (I was actually on another call and a colleague took the message that they wanted me to phone them back). Having looked them up on the web and reading some of the comments made here about Reston, I am a bit reluctant to make the call, although I must bite the bullet if I wish to stop any further action.

 

What I am wondering is, are they likely to 'back off' of I make sure that I bring the late payments up to date AND even pay next month's, which is not actually due until the 8 August?

 

Any advice on what to say to them would be helpful.

 

Sue

[PriorityOne]

I'm quite surprised that this has gone over to Restons so soon, but having had dealings with HFC myself some time ago....they don't like accepting token payments and are quick to begin legal proceedings if they think it'll go unchallenged.... especially when they know you're working and/or own property. If you do own property... you'll need to protect yourself fast. If you don't ownproperty, then they'll only back down when they realise that there is no chance of them getting any more from you through the courts and it would be a waste of time for them to pursue it.

 

If you decide to make that 'phone call this morning... then you must back your proposals up by letter (by rec. delivery).... because it's likely that they'll try and get you to up your monthly payment; if not today, then at some point in the near future. You'll also need to stipulate that the 'phone calls at work must stop.

 

Do you have any unlawful fees/charges on this account to re-claim?

[Sue1962]

Thanks for responding so quickly. I appreciate the advice you have given me. I don't plan to phone them just yet, going to wait until lunchtime. Keep them sweating haha like they have just made me do.

 

I do own a property yes and it's on the market at this present time, for other reasons lol.

 

There are no unlawful fees/charges on this account.

 

I will of course send anything I agree with them back tot hem in writing AND keep copies for my own records.

 

Thanks again

 

PS: Will post the outcome of the phone call later today.

[PriorityOne]

Thanks for responding so quickly. I appreciate the advice you have given me. I don't plan to phone them just yet, going to wait until lunchtime. Keep them sweating haha like they have just made me do.

 

I do own a property yes and it's on the market at this present time, for other reasons lol.

 

There are no unlawful fees/charges on this account.

 

I will of course send anything I agree with them back tot hem in writing AND keep copies for my own records.

 

Thanks again

 

PS: Will post the outcome of the phone call later today.

 

Ok.... if you own property, you may have a problem because they like to secure debts through a CCJ and a Charging Order.... regardless of any arrangements you have with them. They tried to pull this one on me some time ago, but failed miserably...

 

In order to protect yourself against such action, it would be prudent to send off a CCA request at this point.... and inform Restons that you've done so (both by rec. delivery). The object of this exercise is that until/unless they can locate your CCA and honour this (legal) request, then it prevents them from going ahead with legal action; providing you inform them (in writing) of the consequences of doing so. We can help with this, so don't worry... Restons should then drop it like a hot brick and the way forward is then in your hands and not theirs.

 

Do not mention anything about this in your 'phone call though.... 'coz they won't like it.

 

[Sue1962]

Ok so are there any templates on this site to use for the CCA request?

[PriorityOne]

They should be in the template section.... The site's changes since I last used the CCA request link, but someone else will point you to it if you have any problems. Meanwhile, I'll see if I can find it for you as well...

 

[PriorityOne]

There you go..

 

CCA request letter.

 

Don't use your normal signature (just initial it).... enclose a postal order (not a cheque) for the fee and send by rec. delivery.... keep the receipt safe. After this point, have nothing whatsoever to do with them over the 'phone. Just hang up. The CCA request goes to whover the loan is with now..... so if it was taken out with HFC and payments are still going to HFC (Beneficial Finance) via Restons.... then it still goes to HFC (BF).... at their Head Office address.

 

Once done, I'll post up a letter for you to send to Restons.... 'coz it's on a different pc. They'll need a copy of the CCA request in with this letter as well.... so run one off at work before you post it.

 

 

Edited July 27, 2009 by PriorityOne
additional info....

[Sue1962]

you are an absolute angel thanks x:)

[PriorityOne]

You're welcome...

 

Have a read around the site if you get a chance 'coz this must all sound a bit daunting for a "newbie". We were all new once though and have learned through our own and other people's experiences.

 

[citizenB]

You will find some links in my signature (at the bottom of this post) that will take you to template letters and the newbie/beginners guide.

 

Good luck.

[Sue1962]

Thanks to both of you - I will postpone returning their phone call I think until I have sent off the CCA request.

[Sue1962]

Just one other quickie question. The CCA request letter, am I sending this to Reston Solicitors and assuming that they have obtained the debt from HFC? or do I write to HFC and copy in Restons.

 

Sorry am probably being thick here

[PriorityOne]

Restons will be acting on behalf of HFC....so would have to liaise with HFC to locate it anyway. I would send it to HFC at their Head Office address and enclose a copy to Restons.... although to cover all bases and because we don't know what Restons are really playing at, you could just as easily send one to each of them.

 

Have your payments actually been going to Restons then?.... 'coz that seems unusual.

 

[Sue1962]

No payments have been made through paying in book at bank to Beneficial Finance. Funny thing to note though - when I was looking at lunchtime on the BF website to get head office addy there is a big notice there to say they are closing their offices!!!!!

 

Anyhow, have now sent CCA to HFC Head Office and copied Restons into the loop. Am thinking of emailing them as well with the letters attached (but not from work) and have also added a note on the bottom to tell them NOT TO PHONE ME AT WORK.

 

Will keep you posted and once again thanks for all your help with this.

[PriorityOne]

There's a strong letter in the template section about telephone harrasment which is worth sending separately (by rec. delivery) to all parties. If anyone then ignores your request and persists in calling.... you can refer to it in your follow up correspondence (complaint) along with details of who you're going to report them to.

[PriorityOne]

Have just drafted this up quickly.... needs to go by rec. delivery tomorrow with a copy of your CCA request to HFC.

 

Dear Sir/Madam (Restons),

 

Your Ref: xxxx

 

I enclose a copy of a legal request for a true copy of my Consumer Credit Agreement (Consumer Credit Act, 1974). Please note that, should my request not be honoured within the timeframe of 12 working days from receipt, then no further payments will be forthcoming to anyone until such times as the document can be located and re-enforced.

 

Please also note that any proceedings that you decide to pursue in the continued absence of this documentation will be vigorously defended and any/all actions reported to the relevant authorities without any further notice. As your company is currently working on behalf of HFC (Beneficial Finance), I suggest that you now liaise with your client before contacting me again.

 

Please also note that any further communication from your company needs to be in writing only. I am no longer prepared to accept any telephone calls either to my home or to my place of work and a separate letter will be sent to you in due course.

 

I trust that this letter clarifies my position as well as your own and look forward to hearing from you once the aforementioned documentation has been located.

 

Yours faithfully,

 

Edited July 27, 2009 by PriorityOne

[Sue1962]

Thanks Priority. You have been most helpful in this and I feel a lot better about it.

 

I got home from work to a letter from them last night. It was requesting a full financial declaration of incoming, outgoing, assets etc etc etc it also stated that I should pay the full outstanding amount due by 30 July. The funny thing is, the letter was dated 22 July and has therefore taken 5 days to get to me!!!

 

I have followed up my recorded delivery letter to them with a strongly worded email telling them that I will bring the outstanding payments (£45 being 3mths at £15) up to date by the end of next week and that they should now contact me via email (my home one) and not write to me or phone me at work. I also told them that this was causing me a good deal of destress and that I had recently gone through a cancer scare (which I have) and that I would appreciate their discretion in this matter.

 

I will let you know what happens as it may well help others along the way.

 

Thanks again for being there I really appreciate your help.

 

Sue xxx

[PriorityOne]

I'm so sorry to hear of your health worries Sue.... you certainly don't need this kind of worry on top of that. I hope that you're ok...

 

Now that you've sent the CCA request, don't worry about answering their correspondence unless it's to inform them that a request has been made. You are under no obligation to provide such a detailed financial breakdown and whether you have assets or not is none of their business.

 

If they do send something back to you, don't assume that it's a valid CCA until we've had a chance to look it over.... if you can blank out personal details and scan anything up, that would be great.

 

[Sue1962]

Hi

 

Just wanted to update all on the situation.

 

I received and email back from Reston Solicitors (I told them in my letter to them that I wanted them to contact me that way), stating that they appreciated my request for the CCA and would await 'direction' from HFC before they 'reverted' back to me (whatever that means). In my letter I explained to them that I was in no position to pay the full amount back in one go and that I would continue to pay the monthly £15 as had been previously agreed as and when I could.

 

Suppose the outcome is better than I had expected to be honest. At least they have backed off with the threats.

[PriorityOne]

Hi

 

Just wanted to update all on the situation.

 

I received and email back from Reston Solicitors (I told them in my letter to them that I wanted them to contact me that way), stating that they appreciated my request for the CCA and would await 'direction' from HFC before they 'reverted' back to me (whatever that means). This means that unless HFC can find your CCA, then they can wave bye-bye to taking any enforcement action against you... providing you keep hold of your rec. delivery proof of posting and the letter Restons have just sent to you as well. In my letter I explained to them that I was in no position to pay the full amount back in one go and that I would continue to pay the monthly £15 as had been previously agreed as and when I could. Excellent..

 

Suppose the outcome is better than I had expected to be honest. At least they have backed off with the threats.

 

Chances are that HFC will flog this account out to debt collectors at some point; when they get sick of collecting token payments from you. Don't worry about this though.... because your CCA request still stands whoever the account goes to, providing you retain proof that it was sent and when. If there turns out to be no CCA, then they'll be fairly easy to get shot of anyway.

[Sue1962]

Deleted and moved to new thread

Edited November 23, 2009 by Sue1962
Moved to new thread

[robcag]

Hi Sue

 

I've replied to a few things below in red for you.

 

Hi

 

I have been reading all these posts with avid interest as I too have problems with HFC and now Restons. Back in 2003 I received a loan from HFC after purchasing a computer at PC World and being offered a further loan from them (stupidly I accepted it). I now have less than £3k to repay but have been struggling financially and have defaulted on payments and had originally agree with HFC to pay £15 per month. I missed one payment due to other committments and Restons have now got involved. Standard HFC/Restons behaviour.

 

I applied to HFC for my CCA and (don't faint) received back a copy of the original early last month. You'll need to scan it and post in your thread so people can help decide on its enforceability. Restons have now sent me a two sentence letter and I quote:-

 

'we have now been informed that the requested information has been forwarded to you. Further to your email our client is not prepared to accept your offer of repayment at the rate of £15.00 per month and we have been instructed to commence legal proceedings against you.' Again, standard Restons helpfulness.

 

This arrived on Saturday 21 November and first thing today I have sent them another email attaching a letter the body of which says as below. Not strictly a good idea to communicate with the enemy via email, as they will use this to their advantage at some point by emailing documents to you at the last minute if/when court proceedings start.

 

I would be grateful if anyone would comment as to whether they think I have done the right thing or whether I should do something else.

 

I'm at my wits end as I cannot pay more than the £15 and am sinking into more doom and gloom as time passes. I'd consider continuing the £15 payments for the time being, which will then be viewed favourably by the Judge if it gets that far.

 

This is what I wrote to them this morning.

 

Dear Sir / Madam

 

HFC ref:*********

 

Thank you for your letter of 19 November 2009 concerning the above account.

 

I am sorry that HFC Ltd feel unable to accept the payment offer which I have made, and that you feel you must take legal action against me.

 

The majority of my other creditors have accepted the offers made to them and I have commenced payments. I cannot offer you more because I can only afford £100 per month between all my other creditors, and it would be wrong to cease or reduce payments to other creditors in favour of your company. I cannot pay out what I have not got.

 

The offer made to you is on a pro rata basis, as used by the county court. In the light of the other creditors agreeing to my repayment plan, please would you reconsider my offer. I will be making the payments in line with the offer to HFC Ltd, on a monthly basis to arrive on the last working day of each month.

 

I look forward to hearing from you as soon as possible.

 

Yours faithfully

 

etc etc

(didnt sign it but printed for obvious reasons)

 

Have you received a Default Notice and/or Termination Notice?

 

Cheers

Rob

Edited November 23, 2009 by robcag
Post moved from another thread, so edited accordingly

[Sue1962]

Thanks Rob

 

I think I have the default note somewhere - will have to hunt a bit

 

I'll move this post to a new thread as you suggest

 

Sue

[robcag]

Thanks Rob

 

I think I have the default note somewhere - will have to hunt a bit

 

I'll move this post to a new thread as you suggest

 

Sue

 

Hi Sue

 

If you can find the DN, could you scan it and post it up (obscure your personal details, but leave dates intact) as it may well be defective.

 

The envelope it came in could also be useful if you still have it.

 

Cheers

Rob

Edited November 23, 2009 by robcag
Post moved from another thread, so edited accordingly

[Sue1962]

Sorry making a mess of this will stop now

Edited November 23, 2009 by Sue1962