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Help with HFC Default Notices

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Hi all

Can I please have some opinions about the attached default notices.

IMO the notices are contradictory and ambiguous.

HFC have registered a default on Experian on 30/9/2009. Experian confirm it is Code 8, (meaning default), and also that the card agreement has now been cancelled.

I have not received a reply for a true copy of my CCA nor any termination letter from HFC or Reston's since I wrote to Reston's on 26/9/2009 in reply to their's of 25/9/09 outlining my current position. My reply gave them no I & E just that I couldn't afford payments following a visit to CAB in Sept 09 and GM Card had been written to by CAB with details requesting freezing of interest and payments for a period. I had a telephone msg left from Reston's on 4/12/2009 which I have obviously ignored.

Another point is with regard to texts to my mobile from a DCA threatening legal proceedings if I don't contact and E mails from a Credit Card company stating the seriousness of my position and to contact them to discuss( These points by the way relate to a different card company & DCA to HFC ) Are either of these points in breach of any regs re Data Protection

I'd be grateful for any observations etc.

GM Default Notice 25-8-09 Page 1.RTF

GM Default Notice 25-8-09 Page 2.RTF

GM Default Notice 28-8-09.RTF

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See what you mean!

 

The DN is faulty in that they have messed up the wording on the DN:

 

NOT & BEFORE THE DATE SHOWN are not underlined as required.

 

If it was sent 1st class the dates are ok, if 2nd class it's way out - did you keep the envelope.

 

For good measure, the have failed to put either the registered office or the company number for HFC Bank.

 

It would also seem that they have registered the default before giving you time to correct the breach.

 

DN's must be clear and unambiguous, in my view the 2nd letter makes it not so.

 

I'm sure others will be able to poke holes in it.

 

David

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well if they can prove that the letter was sent royal mail first class then the dates are ok and IMO a judge would rule the lack of underlining and/or missing company number as de minimus- in fact i think it would probably get his back up- if this was a defence or subject of an application

 

However, if sent second then it is 4 days short since the 31st was a bank holiday and is not counted in the 4 days for delivery.

 

More interesting is the letter of the 28th

 

now i am no legal expert but it is my opinion that when you are issued with a DN which allows you to seek legal advise/and or decide what to do- you should be left alone to contemplate the matter and it should be perfectly clear to you what you have to do

 

IMO this letter is a "Threat" or at least intended to intimidate or unduly influence you and sent at a time when it should not have been sent

 

if you havnt done so you need to SAR PDQ

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Thanks for your input guys. Very much appreciated and comments taken on board.

Unfortunately, did not keep envelope.

I'm bumping this again to see if I can get more valued opinions. Will be sending subject access request.

 

S55

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Any more opinions fellow CAGGERS?

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