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ar_123

Please can you listen to this phone recording with HFC Bank I have just had

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Hi,

 

I just rang HFC Bank,

 

I recently made a complaint that dispite them defaulting on my CCA request they continued to report to credit reference agencies, they say they didnt respond to my request because I never provided a signature, please could you listen to the call in the attachment and let me know if I have said the right things and what to say when they get back to me.

 

As far as I am concerned I sent a correctly executed CCA request which they defaulted on and are now using the DPA and an excuse, it should be also noted that their leter asking for a signature was sent well after the 12+2 days had ended.

 

Thank you!

recording.mp3

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I noticed the fella never had a clue when you asked him what part of the data protection act states you need a signature for a cca request. Just bullsh*t. If this is the case why do they send you statements, letters etc to the address you are asking the cca to go to. Write another letter of complaint and ask them to highlight where in the cca of 1974 or the data protection act 1998 where it states such. They are just trying to fob you off!!


Andy...

 

 

 

 

 

 

 

 

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I noticed the fella never had a clue when you asked him what part of the data protection act states you need a signature for a cca request. Just bullsh*t. If this is the case why do they send you statements, letters etc to the address you are asking the cca to go to. Write another letter of complaint and ask them to highlight where in the cca of 1974 or the data protection act 1998 where it states such. They are just trying to fob you off!!

 

Cheers, I was pretty convinced it was [EDIT] wrong.

Edited by Rooster-UK
Language.

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yep. total bull.kiss off.

why the need to put you on hold for over 2 minutes:rolleyes:

to respond that it is data protection.

part of their training?

should have just answered your query at once then and give you the reason.

 

I personally thought you did well.

 

do not rely on him doing it.

 

escalate it yourself.and demand the answer.

did you take his name?

 

SAM


SAM:pLOWELL DETESTER.

 

SO PROUD OF MY AVATAR,THAT TOOK ME WEEKS TO WORK OUT HOW TO GET ONE.:lol:

 

PLZ CLICK MY SCALES IF YOU LIKE WHAT I SAY.

OR IF I HAVE HELPED IN ANY WAY.:smile:

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yep. total bull.kiss off.

why the need to put you on hold for over 2 minutes:rolleyes:

to respond that it is data protection.

part of their training?

should have just answered your query at once then and give you the reason.

 

I personally thought you did well.

do not rely on him doing it.

 

escalate it yourself.and demand the answer.

did you take his name?

 

SAM

 

Cheers Sam,

 

Yep, I got is name.

 

Will do.

 

Thanks.

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Complete twaddle - it took him two minutes to find the member of staff who could read!!

 

They need no copy of your signature


Hope this helps

 

 

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Dear Morons

 

Thank you for your letters dated ......, the contents of which have been noted.

 

You denied my reasonable request to supply me a true copy of the original Consumer Credit Agreement for the above account which I requested in my letter dated ....... I supplied the statutory £1.00 fee as a Postal Order which is regarded as a universally accepted form of payment.

 

I would like to ask if you could clarify which piece(s) of legislation, or law(s) in the UK where it is written that a CCA request is only acceptable when accompanied with a signature.

 

I would further advise you that I have sought advice from the Information Commissioners Office, with regard to this matter, their advice was that this was a legitimate request with the statutary payment and therefore 12+2 days for compliance should start from the ...... meaning you have just ...... to comply, as of the date of this letter. They further advised should you not accept this, that I should make a formal complaint to the Information Commissioner.

 

 

 

As you are no doubt aware section 77(6) states:

If the creditor fails to comply with Subsection (1)

 

He is not entitled, while the default continues, to enforce the agreement.

 

This letter has been sent by recorded delivery, in order to avoid any further delay in this matter.

 

 

Yours faithfully

Print name do not sign

 

Or this one;

 

Dear Sir,

 

You have stipulated that you require proof of my identity/signature before you comply with my SAR, may I bring the following to your attention;

Data Protection Act Good Practice Notes:

 

2. Do you have enough information to be sure of the requester’s identity?

Often you will have no reason to doubt a person’s identity. For example, if a person with whom you have regular contact sends a letter from their known address it may be safe to assume that they are who they say they are.

 

Suffice to say that if the Information Commissioners Office are satisfied that if you have previously corresponded with me at this address then it is reasonable that I am the person I say I am, therefore there is no leglislation nor guidelines that you can hide behind in an attempt to avoid fullfilling my legal request.

 

If you still fail to comply to my legal request, I will have no other option than to complain to the Information Commissioners Office & if my complaint is upheld you will be liable to a £5000 fine.

 

Yours,

Print name do not sign.

http://www.ico.gov.uk/upload/documents/library/data_protection/practical_application/checklist_for_handling_requests_for_personal_information.pdf

http://www.consumeractiongroup.co.uk/forum/attachment.php?attachmentid=8861&d=1242456802


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Hi ar 123 , usual HFC customer service or should I say non service, which is why I will be in court soon showing a judge what a shower this lot is.

sleepingdog

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It wasn't a man it was a parrot.

 

 

Steady on Zazen - my parrots are FAR more intelligent than that. They can hold a conversation without referring to any kind of manual :D

 

Just as an aside, I do hope this call centre has a PRS licence for them to play music over the telephone network?????

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Proof of why you shouldnt speak to these brainless fools on the phone.

You'd get more sense out of a 3 year old :rolleyes:

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Please don't post recorded calls on to this forum - the DPA allows you to record calls for your own personal use and to use it in any other way will require the consent of the other party. You can't have that in this case, as they wouldn't have continued with the call had they known that you were intend on recording it and posting it to a public forum.

 

In any case, any such recordings would require approval by Site Admin.

 

Please read the forum rules before reposting.


Always happy to help where I can!

:lol:

Beware of legal advice given on a private forum - do you REALLY know who is posting? Are they REALLY accountable for their posts? What if you follow their advice and get something wrong?

It was Winston Churchill who said; "Democracy is the worst way to run a country except for all the others"

 

Advice and comments posted by car2403 are offered purely without prejudice. They reflect only my personal opinion and do not represent the opinion of this forum or it's management. You should always seek legal advice from a qualified legal advisor. As a member of the site team, I disable reputation - reputation points mean nothing, please check my posting credentials yourself and make an informed decision. You shouldn't PM me and await a reply - I may be too late with a response. No replies will be given in Private Messages - just as with getting advice from the forum, getting advice via Private Messages is dangerous. CAG is about sharing successes so others can follow your example, this is primarily why I'm here, so please don't be offended if I don't offer replies in PM that doesn't comply with this. Help CAG to help others by keeping your thread up to date.

 

 

USEFUL LINKS; New User Guide to CAG | Can't find what you're looking for? | Intro to Consumer Credit Litigation | Is My Agreement Enforceable | Default (Surleybonds) Template Letter | Defaults - background, removal methods, challenges and taking a claim to Court | Digital Signature Guide | Overdrafts and the CCA

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Theres no requirement for a sig to be provided.

Insofar as the Data Protection Act is concerned,yes a Data Controller can refuse a request to release subject data if they are not satisfied as to the identity of the subject requesting it.

But there is nothing that requires the subjects sig to be provided as part of that.A copy of a document that shows proof of name,and a second doc that shows proof of address is considered acceptable.

 

Egg tried this on with a number of Caggers,but were put in their place.


Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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I don't think much to the music when you're put on hold. I wonder whether HFC are registered with the PRS PRS for Music after all they wouldn't be naughty and breach copyrights would they?


Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

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Please don't post recorded calls on to this forum - the DPA allows you to record calls for your own personal use and to use it in any other way will require the consent of the other party. You can't have that in this case, as they wouldn't have continued with the call had they known that you were intend on recording it and posting it to a public forum.

 

In any case, any such recordings would require approval by Site Admin.

 

Please read the forum rules before reposting.

 

Following my post, Site Admin have reviewed and the attachment has been re-approved ;)


Always happy to help where I can!

:lol:

Beware of legal advice given on a private forum - do you REALLY know who is posting? Are they REALLY accountable for their posts? What if you follow their advice and get something wrong?

It was Winston Churchill who said; "Democracy is the worst way to run a country except for all the others"

 

Advice and comments posted by car2403 are offered purely without prejudice. They reflect only my personal opinion and do not represent the opinion of this forum or it's management. You should always seek legal advice from a qualified legal advisor. As a member of the site team, I disable reputation - reputation points mean nothing, please check my posting credentials yourself and make an informed decision. You shouldn't PM me and await a reply - I may be too late with a response. No replies will be given in Private Messages - just as with getting advice from the forum, getting advice via Private Messages is dangerous. CAG is about sharing successes so others can follow your example, this is primarily why I'm here, so please don't be offended if I don't offer replies in PM that doesn't comply with this. Help CAG to help others by keeping your thread up to date.

 

 

USEFUL LINKS; New User Guide to CAG | Can't find what you're looking for? | Intro to Consumer Credit Litigation | Is My Agreement Enforceable | Default (Surleybonds) Template Letter | Defaults - background, removal methods, challenges and taking a claim to Court | Digital Signature Guide | Overdrafts and the CCA

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Ohh, that's big. :p

 

Trained in the DPA? Whatever.

 

He sounded nervous! I guess he isn't a hardcore monkey and feels somewhat guilty where telling the truth is concerned.

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:lol:

 

If its only an address its not secure because anyone can open your mail ?:confused:

 

Well ...yes they could if the rest of the town had keys to his front door.


Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Nice nuts ;)


Always happy to help where I can!

:lol:

Beware of legal advice given on a private forum - do you REALLY know who is posting? Are they REALLY accountable for their posts? What if you follow their advice and get something wrong?

It was Winston Churchill who said; "Democracy is the worst way to run a country except for all the others"

 

Advice and comments posted by car2403 are offered purely without prejudice. They reflect only my personal opinion and do not represent the opinion of this forum or it's management. You should always seek legal advice from a qualified legal advisor. As a member of the site team, I disable reputation - reputation points mean nothing, please check my posting credentials yourself and make an informed decision. You shouldn't PM me and await a reply - I may be too late with a response. No replies will be given in Private Messages - just as with getting advice from the forum, getting advice via Private Messages is dangerous. CAG is about sharing successes so others can follow your example, this is primarily why I'm here, so please don't be offended if I don't offer replies in PM that doesn't comply with this. Help CAG to help others by keeping your thread up to date.

 

 

USEFUL LINKS; New User Guide to CAG | Can't find what you're looking for? | Intro to Consumer Credit Litigation | Is My Agreement Enforceable | Default (Surleybonds) Template Letter | Defaults - background, removal methods, challenges and taking a claim to Court | Digital Signature Guide | Overdrafts and the CCA

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have I misheard - the op had got a copy of the agreement following a phone request?

 

Useless from hfc but not sure that it is worth the stamp on a complaint though if he's got the actual agreement.

 

I would of course explain where hfc went wrong, but I'm afraid that data protection prevents me from doing so.

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:lol:

 

If its only an address its not secure because anyone can open your mail ?:confused:

 

Well ...yes they could if the rest of the town had keys to his front door.

or covering their backs,when send to the wrong address.

or other customers details are sent in error.

 

maybe covering their backsides:rolleyes:

 

In january we had end of year mortgage statement and enclosed was a letter for people from kent stating 5 months arrears contact at once.

phoned our bank and they said error,could you please return to head office.

 

did not forwarded it to the rightfull owner in kent with a brief note.:D

 

SAM


SAM:pLOWELL DETESTER.

 

SO PROUD OF MY AVATAR,THAT TOOK ME WEEKS TO WORK OUT HOW TO GET ONE.:lol:

 

PLZ CLICK MY SCALES IF YOU LIKE WHAT I SAY.

OR IF I HAVE HELPED IN ANY WAY.:smile:

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