Steve v HFC (Beneficial)

steve2577 · January 25, 2010

My CCA Reuest

23rd Nov 2009

NOTICE OF FORMAL REQUST

Dear Sir/Madam

On the 29th October 2009 I sent a letter requesting information regarding the above agreement.

Your reply to my request was totally unsatisfactory in that you failed to supply me with any of the information I asked for therefore. I am now making a formal request pursuant to sections 77/78 of the CCCA 1974.

I require you to provide me with a true copy of any agreement you deem to be mine together with any other documentation the Consumer Credit Act 1974 requires you to provide. I expect you to comply fully and properly with this request, within the statutory time limit (12 + 2 days).

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee and then remove any incorrect entries from your systems.

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note these funds are not to be used for any other purpose.

As you did not comply with my initial request for information dated 29th Oct 2009 I now consider this matter to be in DISPUTE and you should be aware that a creditor is not permitted to take ANY action whilst it remains in dispute.

The lack of a compliant credit agreement is a very clear dispute and as such the following applies.

* may not demand any payment on the agreement, nor am I obliged to offer any payment to you.

* may not add further interest or any charges to the agreement.

* may not pass the details of the agreement to a third party.

* may not register any information in respect of the agreement with any credit reference agency.

* may not issue a default notice related to the agreement.

Response to my CCA Request

Default Notice

Edited January 25, 2010 by steve2577

nick20045 · January 25, 2010

In a way you are fooked regarding this one. You sent a CCA application (NOT a bleedin CCCA) on the 23rd November.

YET from the Default Notice they sent you, you kept using the account and even went over the limit.

In my humble opinion (somebody correct me if I am wrong) you CANNOT challenge something but keep on using it as if nothing was wrong!!!!!!!!

Come on!!!!!!!!!

I would go as follows (subject to anybody saying otherwise)

a: A Subject Access Request. Seems you were going over the limits. Might be able to get some money back from PPI and also from unfair charges.

b: go and make a cuppa of tea or coffee or hot chocolate

Default UNLESS sent by recorded mail is invalid and faulty. Default date is 8th January. They say payment by the 25th is payment day.

They should give 14 days from date of service. ONCE AGAIN (and understand this) the dates they give are 17 days. UNLESS they can prove that service was by recorded mail and give the date of service then it is classed as second class post. Second class post according to the rules is 4 days. So UNLESS they can confirm that service was done on xyz date then they are 1 day short and DN is invalid.

As usual, did you send a "agreement in dispute" letter?

nick20045 · January 25, 2010

Practice Direction

Service of Documents - First and Second Class Mail.

With effect from 16 April 1985 the Practice Direction issued on 30 July 1968 is hereby revoked and the following is substituted therefore.

1). Under S7 of the Interpretation Act 1978 service by post is deemed to have been effected, unless the contrary has been proved, at the time when the letter would be delivered in the ordinary course of post.

2). To avoid uncertainty as to the date of service it will be taken (subject to proof to the contrary) that delivery in the ordinary course of post was effected:-

(a) in the case of first class mail, on the second working day after posting;

(b) in the case of second class mail, on the fourth working day after posting.

"Working days" are Monday to Friday, excluding any bank holiday.

3). Affidavits of service shall state whether the document was dispatched by first or second class mail. If this information is omitted it will be assumed that second class mail was used.

4). This direction is subject to the special provisions of RSC Order 10, rule 1(3) relating to the service of originating process.

8th March 1985

J R BICKFORD SMITH Senior Master

Queen's Bench Division

CPR rules on service also state the required timescales to be given for serving of documents :-

Under CPR 6.26 First class post (or other service which provides for delivery on the next business day) is deemed to be “served” The second day after it was posted, left with, delivered to or collected by the relevant service provider provided that day is a business day.

Dotty50 · January 25, 2010

The letter stating that they couldn't supply a photocopy of your agreement, also states 'Without Prejudice'.

I believe this means that this cannot be used in court.

I am sure someone will confirm this (or not)

But if you have used the card, whilst disputing it, then I don't suppose you would get much sympathy, in court or on here for that matter.

There are many reasons why Caggers want to dispute their CC's or loans and in the majority it would be down to unfair conditions, changes in terms and extortionate rate hikes making it almost impossible to pay the debt off.

Just wondered what your reasons are. :?

steve2577 · January 25, 2010

In a way you are fooked regarding this one. You sent a CCA application (NOT a bleedin CCCA) on the 23rd November.

YET from the Default Notice they sent you, you kept using the account and even went over the limit.

In my humble opinion (somebody correct me if I am wrong) you CANNOT challenge something but keep on using it as if nothing was wrong!!!!!!!!

Come on!!!!!!!!!

I would go as follows (subject to anybody saying otherwise)

a: A Subject Access Request. Seems you were going over the limits. Might be able to get some money back from PPI and also from unfair charges.

b: go and make a cuppa of tea or coffee or hot chocolate

Default UNLESS sent by recorded mail is invalid and faulty. Default date is 8th January. They say payment by the 25th is payment day.

They should give 14 days from date of service. ONCE AGAIN (and understand this) the dates they give are 17 days. UNLESS they can prove that service was by recorded mail and give the date of service then it is classed as second class post. Second class post according to the rules is 4 days. So UNLESS they can confirm that service was done on xyz date then they are 1 day short and DN is invalid.

As usual, did you send a "agreement in dispute" letter?

Nick didn't use any of the cards at all the interest charges took me over the limits.

Here is my letter dated 23rd Nov