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vuk1958

Hfc Bank - Need Help With Agreement ( Appliocation)

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I received the following Credit Agreement ( Credit Application) as result of my request under s 78(1)

 

As per my knowledge:

 

1. Agreement( Application) should have 8 pages in total but creditor sent only 4 pages. They claim that they do not have other 4 pages as these were submited via Internet( not true)and I should have them. I believe this is contrary to CCA1974

2. The subscibed items refer to various clauses which could not be found within the document . Eg. Total Charge for credit refers to clause 3f although this clause is nowhere within the document.

3. Page six contains my signature, although if it was submited electronicaly signature should not be there( just a signature box) so i believe Page 6 was constructed later. No signature from creditor.

4 Right to cancel details were never disclosed or posted

5. Pre - contract information were not suplied

6. The date of application and date of approval are only 3 days difference, so no time was given for the cancellation - is this significant

7. This application was made through HH Honours Platinium card which is mentioned on Page 7( for aditional cardholder) but no mention of it on Page 6 ( Principal cardholder). I believe that they do not relate to each other.

8. Page 7 refers to Document as Application but Page 5 refers it as Credit Agreement although both has same number.

I include copy of it in attachment

Finally, could i have a email where to send some donation as you guys are doing great job and i believe each of us should send something.

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hi there,

 

First things first ;)

 

There is a button marked "Please donate to keep this site alive" at the top of this page which you may use if you wish to donate using Paypal.

If you wish to post a donation by cheque, make payable to "M Gander".

send to

 

CAG

PO Box 7481

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DE1 0LE

 

Moving onto your post -

 

It may be worth you pursuing the CPR31.16 route to see exactly what they hold for a Credit Card Agreement.

 

Here's a couple of links to look at -

 

Why you shouldn't use the CCA argument to get your agreement

 

why you shouldnt use section 77/78 CCA 1974 if you want the signed agreement

 

CPR 31.16 Court win

 

smt37 vs Morgan Stanley/Goldfish/Barclaycard ** ORDER TO PRODUCE CCA CPR31.16 WIN ***

 

 

Another way to see what documentation they hold is to submit a Subject Access Request to HFC but this will cost you a £10.00 fee


 

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Please consider making a donation, however small, if you have benefited from advice on the forums.

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Any advice & opinions given by supasnooper are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability.

Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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OK, interesting development.

HFC filed defence but used name of Defendant as: HFC BANK LIMITED T/A HILTON HHONOURS CARD

This is surely false as HFC and HILTON HONOURS parted company in March 2008.

As Defendant name is " false or misleading" or relate to nonexisting company should i use this to strike out the Defence. Aditionally, 4 pages of Agreement which contains 8 pages are supplyed with Defence ( although Particulars of claim request all 8 pages to be produced). Does it mean that Defence is not filed correctly.

Any thoughts on these as i have to file Allocation Questionnaire and possibly Application to strike out the Defence.

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Whilst you have made a good point, I think most Judges would allow the Defendants name and would allow it to be amended.

 

When completing the AQ, specifically ask for an order for HFC to produce the full CCA (8 pages).


 

Help us to keep on helping.

Please consider making a donation, however small, if you have benefited from advice on the forums.

This site is run solely on donations.

 

You can make a donation

HERE. Thank you.

 

Any advice & opinions given by supasnooper are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability.

Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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OK, interesting development.

HFC filed defence but used name of Defendant as: HFC BANK LIMITED T/A HILTON HHONOURS CARD

This is surely false as HFC and HILTON HONOURS parted company in March 2008.

As Defendant name is " false or misleading" or relate to nonexisting company should i use this to strike out the Defence. Aditionally, 4 pages of Agreement which contains 8 pages are supplyed with Defence ( although Particulars of claim request all 8 pages to be produced). Does it mean that Defence is not filed correctly.

Any thoughts on these as i have to file Allocation Questionnaire and possibly Application to strike out the Defence.

 

Hi vuk

 

You may have an angle here. I had a card with John Lewis Financial Services and defaulted, they immediately issued a summons for the full amount BUT stated HFC Bank Ltd as the Pursuer (I am in Scotland). I felt I had a good defence on the basis of the application and DN but also used the fact that I never had any contractual relationship with HFC Bank and as such they could not bring any action. They subsequently withdrew the case on this basis, I was awarded costs (only £75) and they made the threat that they may re-issue the action through John Lewis Financial Services Ltd.

 

Although HFC Bank own John Lewis Financial Services the party with whom you have the contract (as stated on the application/agreement) can only bring the action. I also have the FSA and TS investigating this and they have had their hands slapped!

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Firstly, i have to congratulate consumer Forums for supplying to me a book Small Claims Procedure by Patricia Pearl which i purchased some months ago. This is not advertising to it - but it helped a lot so members could buy it and at the same time help this wonderful site running.

 

I just completed Allocation Questionnaire and place the Draft Order ( as per consumer Forum expample) requesting all pages of document. It is worth saying that I (we ) are Claimant and we request that pursuant to s78(1) document to be produced. I(we) do not question the agreement/application being enforcable or not , but claim that they should stop acting on account pursuant to s78(6)(a) until their default is rectified and also refund all money they obtained ( forced ) throughout the period of their default.

So, it would be quite interesting here to see how it works from this angle as it is mainly them who are Claimant and us Defendant and is always us who are kind of not paying and they are the one who are issuing defaults and shattering credit records.

If Consumer Forum team want to help here this could be quite interesting for all members as s.78(1) and its non complying s78(6)(a) subsection is in my view sidelined and it would be quite usefull to see the outcome of this.

The main question is would Judge order them to supply the agreement or he/she would just send usual order as to exchange documents 14 days prior hearing.

I also need to know whether it is good idea to submit the Application form for Defence to be strucked out as request of one of my claims was to SUPPLY ALL PAGES OF DOCUMENT. In their Defence they supplied only 3 - This surely could classify as - "Defence is bound to fail". Also, the Defendant is Defending under non existing trading name, or name which expired in March 2008. Is this contrary to Business Names Act 1985.

I hope Site Team could assist.

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