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anxious1234

EPF Agreement. Is it enforceable?

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A family member has asked me to help in finding out if the agreement is enforceable or not.

Also, I understand that EPF is no longer trading and I believe is owned by HFC. Can anybody confirm who I would apply to for a subject data request.

Any help appreciated

scan0001.pdf

scan0002.pdf

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The agreement apears not to be signed, is this the case, or have you blanked your signiture out?

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This apparantly was a copy. I am told original would have been signed

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Surely if this was a (photocopy) of the agreement then it would have a (photocopy) of the signature?

 

I was only asking because from what I have read on here an unsigned agreement is unenforcable! Someone with a higher knowledge would have to confirm this! As Iam not an expert!

Where did you aquire the (copy)?

Is the account still active? i.e Are payments still coming out of your account?

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A family member has asked me to help in finding out if the agreement is enforceable or not.

Also, I understand that EPF is no longer trading and I believe is owned by HFC. Can anybody confirm who I would apply to for a subject data request.

Any help appreciated

 

I would send the SAR to

 

Endeavour Personal Finance Ltd

 

Registered Office

Beneficial House,

Easthampstead Road,

Bracknell,

RG12 1NS Phone 0845 300 3965

 

You say you were told

" the original would have been signed "

Who told you this?

When did you take out this loan?

Was it secured on a property?

Are you in arrears with the repayments?

Is the account still with EPF or a DCA ( collection agent)

Does the amount borrowed match the details on the agreement recieved?

Was the agreement sent in response to a CCA request?

 

The more you can tell us, the quicker you will get the answers you seek

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I'd be tempted to send them Scots letter below & see what their response is;

 

Re: my request under the Consumer Credit Act 1974

 

Thank you for your recent letter sent to me, the contents of which are noted. I appreciate your quick response to my original letter. However, the reply received by me does not fulfil your requirements under the Consumer Credit Act 1974.

 

The Act demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above account. I may ask for this on demand providing that a fee of £1.00 is paid. This fee was sent with my original letter.

 

My request remains outstanding. The items you sent in your reply, does not constitute a true copy of any credit agreement that may or may not have been signed by me on the opening of this account. It neither confirms that I am liable for any alleged debt to you, nor gives me any chance to evaluate whether any original agreement was ‘properly executed’.

 

I still require you to send me a true copy of the original credit agreement that you allege exists. As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This means that unless you can produce such an agreement, this alleged debt is not enforceable in law.

 

You had until XX/XX/2008 to provide me with the true copy I requested. You are now in default of my request. Any account I hold with you is now in legal dispute. Whilst the account remains in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, nor make any further charges to the account. Additionally, you are not entitled to register any information on this account with any credit reference agency.

 

To register information with a credit reference agency, you must have written consent from the customer to collate and share such information. This consent is given in the form of a signed credit agreement, so until you produce such an agreement, you may not do this.

 

The requirement for consent to share data is a clear requirement of the Data Protection Act 1998. any such attempts to share my data without my consent will be met with a complaint to the Information Commissioners Office

 

To sum up, I will not be making any further payments to you until you provide me with the document I have requested. Whilst you remain in default of my request, you are not permitted to take any action against this account. This includes adding further charges and passing any information to the credit reference agencies.

 

Should you not have any signed credit agreement in relation to this alleged debt, please confirm this in writing to me.

 

 

I look forward to your reply.

 

Yours faithfully

Print name do not sign

 

**amend to suit your circumstances.**


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The copy is what my son in law found in his file. It is along time ago but he presumes that he signed the original.

The loan was taken out in Feb 2007.

Secured on property.

No arrears.

When he phoned the tel number which he had, he was told that EPF was no longer trading but HFC was now taking payments etc.

Figures are correct.

No CCA has been applied for yet.

 

Main concern at present is if anyone can see any flaws in the agreement

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Request the CCA, there is a slim chance it has been mis-placed during the takeover. ;)


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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