HFC have continuosly recorded the 'D' on my file every month.

[conqueror80]

Brassed of,

I did SAR HFC and CCA CQ. Got 2 letters back from CQ none from HFC as yet. The first letter from CQ states,

 

Please note that as we are acting on behalf of our client a deed of assignment for the above account is not applicable.

We have rquested a copy of the agreement and staements from our client. These will be forwarded to you as soon as we receive them from our client.

 

The second letter states;

 

We would confirm that your account is now on hold for 28 days whilst we obtain the information required.

if you have any proof of payments or correspondence that would assist with your query, please forward these documents, with a brief covering letter . . . so we can resolve this matter soonest.

 

Please Brassed off what should I do next? All contributions welcome.

 

Thanks

[MARTIN3030]

getting a digest of the story since I last looked.

[MARTIN3030]

If you are going to do a full Subject Access Request to HFC,then you can incorporate the CCA request there as well-I mean a Subject Access Request would entitle you to transactional information and also copies of agreements that you signed.But obviously you would not specify the CCA act within the Subject Access Request request,just be very specific and concise in what it is that you want them to give you.However since Capquest have put a hold on your account,as they ARE required to do in dispute status,and also requested the information that you requested,then you should await further their response.

In the alternative to the Subject Access Request,you could write a letter to HFC and ask them to clarify whether they appointed Capquest as their agent,why they did not inform you of this fact,why has there been continued attempts to collect a disputed debt,and that they give an undertaking in writing to you,that you will not be further asked pay monies until the disclosures you request are complied with.

Since theres not been threats or suggestion of legal action at this stage,you cannot introduce pre action protocols which would put them on notice.

However, you could put HFC on notice that you will be making a formal complaint to the FOS and trading standards,for breaches in both OFT guidelines and Unfair consumer contract terms regs.

By engaging Capquest they are a party to their actions whilst acting as their agents,and therefore equally responsible for any bad practices shown by Capquest.

In view of the other issues that you have raised,a full SAR may be needed to untangle things,but again the request HAS to be specific so you would need to know what you are asking for.Downside is that they have 40 days to play with.

I think much depends on whether the CCA agreement is forthcoming...but moreso if its enforceable.This could buy you time as well whilst you await the SAR.

If the agreement is produced and found to be in order,then you can then concentrate on the other issues which you feel are open to question.

 

So for now Capquest are on the back burner.

Lets see if the agreement is forthcoming and is enforceable when it does come.

Its very important that you dont sign anything-print your name instead in all communications.

Send recorded and keep a copy.

 

Did you send the 1.00 fee for the CCA ?

Edited December 11, 2008 by MARTIN3030

[MARTIN3030]

I see now that you DID send the SAR

What did you request-did you use a temp letter ?

When did you send it and have you done a track and trace to see they got it ?

[conqueror80]

Hi Martin I have reproduced a copies of both the SAR and CCA. It was a template. I've only adapted it slightly.

Dear Sir/Madam,

SAR

I have recently been contacted by a debt collection agent claiming to be acting on your behalf. I don’t know why after missing two payments you involve a DCA even without informing me.

I note that the above address is the same through which you have communicated my private business in the past without problems and which you have also found acceptable.

I am therefore requesting that you send me the information, which I am entitled to, under section 7(1) of the Data Protection Act 1998 in relation to detailed occurrences relating to the account number . ..

The following is by no means an exhaustive list but in the main this is what I require.

Please supply me with a complete list of transactions and charges relating to ALL accounting history with your organisation. Alternatively, a complete set of statements for that period will be acceptable.

Additionally, all records you hold on me relevant to these accounts, including but not limited to:

1. A transcript of all transactions, including charges, fees, interest, repayments and payments and both the original amount of the loan and any repayments made to the accounts.

2. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company

3. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account. If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response

4. True copies of any notice of assignment and/or default notice or enforcement notices that you may have sent to me, with a copy of any proof of postage that you hold.

5. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted.

6. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

7. Specific details of the fees/charges levied by any other agency in respect of these accounts and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

8. A genuine copy of any deed of assignment, or proof that you have a legal right to this money.

9. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

10. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

11. A copy of all account statements for the duration of the agreement.

12. Please would you also advise me of the logic involved in any automated decisions taken by you about me pursuant to section 7(1) (d) of the Data Protection Act 1998.

13. A True copy of the consumer credit agreement section 77-79 of the Consumer Credit Act of 1974.

Any Other information relating to these accounts

I enclose the statutory maximum fee of £10. You have 40 days in which to comply. Furthermore, if I discover that you have levied disproportionate penalties against me, then I shall be reclaiming them, and also reclaiming the enclosed £10 Data Protection Act subject access request fee.

Yours faithfully,

B L A H

CCA

I do not acknowledge ANY alleged debt to your company.

A member of your team regarding debt owed to your company recently contacted me. He would not give me any details as to why he was calling. I later phoned your company and was told that I owed your company money. The threatening tone of your representative left me with no option than to make payment in October. Your representative claims you’ve written to me. How was this done?

Now I require you to supply the following documentation before I will communicate further on this matter.

1. You must supply me with a true and signed copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for rolling sum credit) - your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee, PO Serial Number . . . . . . . . . . .

2. If this alleged debt has been sold to you (eg for a debt collection agency), please supply me with a signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.

4. Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

5. As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

6. Furthermore you are reminded that under s78 sub section (6) whilst the default continues you are not entitled to enforce the agreement in law.

7. As this account is now in Legal Dispute you must freeze all action on this account. This means that: You cannot add any interest to this account nor can you add any charges to this account

8. Furthermore you may not pass any information regarding this account onto the credit reference agencies. To do this would be in breach of Section 13.6 of the Banking Code.

Any attempts to secure payment from me until this matter is resolved will be treated as harassment under the Administration of Justice Act 1970 an will be reported to the relevant authorities.

Yours faithfully,

 

[conqueror80]

urgent intervention, somebody.

capquest has replied enclosing a statement of account plus a copy of one of the insurance policies which I cancelled a year ago. That is so because I realise now that HFC applied a single premiun protection through out the life of the loan. Accident, sickness unemployment cover was separate, but I did not know this. I cancelled the ASU, which is the copy capquest has sent. No copy of the loan agreement. HFC has not responded yet but they have 40 days so may be biding their time. What should I do next?

As of 2nd Dec. 2008 capquest said the account was frozen for 28 days. But the statement they sent me shows interest charges applied on Dec. 4 2008. I need to get back to then in writing tomorrow at most. Any help out there? Should tell them am waiting for HFC? or I want the complete documents I requested in the CAC? somebody please!!

[SOD'EM]

I personally would wait until the 40 days are up. In the meantime, it would help if you could scan all documents you have recieved and post them on here. Just make sure you blank out any personal information beforehand. There are many people on here who can suss out if there are any faults with documents.

[conqueror80]

THanks Sod'em. I've attached the correspondence from capquest.

No terms & conditions were attached even to the insurance agreement. It appears to be a faxed copy from HFC.

With the statement, HFC applied interest charge even befroe payment was due to commence on the loan.

I am sitting tight.

Edited January 15, 2009 by conqueror80

[conqueror80]

Has anybody found something for me?

What capquest sent me is the insurance agreement which I cancelled within 30 days. No copies of the loan agreement.

SOD'EM are still there?

[SOD'EM]

No loan agreement. No deal in my book. If you kept a copy of the letter you sent them, then I would send them it again with a covering letter explaining they haven't complied with your original request. Also let them know that the clock is still ticking and the time started from the original letter. I hope we can get more people on this thread as I don't want to go over my head with wrong advice.

[conqueror80]

Thanks SOD'EM,

should i mention the fact that the insurance was cancelled?

[SOD'EM]

Thanks SOD'EM,

should i mention the fact that the insurance was cancelled?

 

I'm not sure? I can't see the point of that at this stage.

[conqueror80]

Hi good people sorry to bother you once again.

HFC has sent a form for me to fill. (SEE ATTACHMENT) Has any one seen this before?? I sent them a Subject Access Request template. Why do they want me to fill this form and enclose my passport and driving licence?? Are they up to something?? By the way when does 40 days begin? Is it from the time I Subject Access Request them or from when I fill in their forM?? Meantime capquest have sent me 2 contradictory letters. The first one claims they've sent me all info requested. The second one dated a day after the first says my account is on hold for 28days. 4 days prior HL legal solicitors in association with sampson & co acting on behalf of capquest threatened legal action if no payment was made before 15th January.

 

Your kind enlightenment on this matter is very much appreciated.

 

Thanks.

hfc.pdf

[Brassed off]

Personally, I wouldn't fill the form in Conqueror. After all, HFC have been writing to you all this time so why would they need to verify who you are? Delaying tactics I think. I would just hang on to their form for now and see what transpires.

 

Make sure you chase them up with CAG's Non Compliance letters too:-

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6986-data-protection-act-non.html

 

The 40 calendar days begin the day after receipt of the SAR. Presumably you sent it recorded/special delivery and have proof of delivery?

 

As far as Capquest are concerned, they're pretty hopeless on the admin side. They still haven't fulfilled your CCA request as you haven't received a copy of the loan agreement yet. I'd go with their "on hold for 28 days" letter and just wait and see what else you receive from them before you write back.

 

Hopefully, this post will bump your thread up for others to see who may be able to offer help/add to my advice.

[conqueror80]

Thanks for the information Brassed off. will keep posting on further developments.

 

Conqueror

[Brassed off]

Have a good read round the forums too Conqueror. It's surprising what you find out

 

Don't forget the search facility too!

[conqueror80]

Thnx. Will do

[MARTIN3030]

Conq thanks for PM-I will reply here.

Unfortunately a data controller CAN refuse to complete your application if they are not satisfied that you are who you say you are-and so can demand proof of your name,and proof of address (which must be from 2 different forms of ID).

 

Given that they have asked,personally I would send these,since they are entitled to ask as I have said.

The section covering this is 7 (3) a.

 

The 40 days begins on their reciept of payment,but within 40 days of their receipt of additional information from you if its been requested.

This can be found in section 7.6.1

[conqueror80]

sorry to interrupt, but I am entanled with HFC. Please does any one know how many times a Default 'D' can be placed on an account? Since January 2009 HFC have continuosly recorded the 'D' on my file every month. IS THAT NORMAL? PLease hepl

[dx100uk]

according to their site:

 

D: The account is not being used - nothing is owed.

 

dx

[craigers]

Don't worry. It will still drop off six years after the original default.

[conqueror80]

Thanks for the info. DX Did you mean HFC website?

[dx100uk]

i guessed you weretalking about the cra's?

 

not hfc

 

dx

[fredbassett]

is the credit file with Experian, Equifax or Callcredit? A D with Equifax is a Default, whilst a D with Experian means a Dormant account (a default with Experian shows as a 8) and for Callcredit a default would show as DT.

[conqueror80]

Thanks Fred. It is with equifax and registered as D. Additionally,

'account closed' has been recorded with all three.