Would very much appreciate any advice please!

[Mathwho]

Hello all,

 

newbie here, looking for some much-appreciated advice if possible please!

 

A debt I hold with HFC has recently been passed to Restons Solicitors, and my response letter to them is below. I don't hold a penny to my name, sadly. Could anyone tell me if this is an 'effective' letter to get things rolling, please?

 

Many thanks in advance!

 

WITHOUT PREJUDICE

 

Thank you for your letter dated August 3rd concerning the alleged debt between myself and your client HFC Bank (part of HSBC). I write in reply to explain the account history to yourselves, and request further details of your interest in this matter.

 

When the loan was initially taken out in 2006, the loan was sold with Payment Protection Insurance at an extra premium each month. I kept repayments honorably, until I fell ill with Schizophrenia later in 2007.

 

This caused me to become unavailable to work, of which I notified HFC and requested the enactment of the PPI. Forms were completed by myself, and returned to HFC promptly.

 

The next time I called HFC, the customer services agent denied my account held PPI. Each consecutive representative of HFC has reflected this statement. It is my belief that HFC acted unlawfully, but I was not of sound mind to begin the necessary legal proceedings at the time.

 

In February this year, I returned to work and contacted HFC to arrange a full repayment of a reduced amount, to clear the account immediately. My letters went ignored, which I found strange. I began drawing the necessary proceedings to take action against HFC for not honoring the agreement.

 

As of June 2010, I am now out of work again for health reasons. I have a potentially fatal heart condition, combined with Schizophrenia. I have nothing to pay you immediately, though it is (and always has been) my intention to clear the account when I could.

 

I would like to suggest the following in order to begin bringing this matter to a close:

I am willing to make an initial £10 token payment to show my positive intentions. If you can please provide me with your bank account details, I will deposit this amount with the reference of the account as soon as possible.

I request a copy of the CCA (Consumer Credit Agreement) that this alleged debt is based on, as my right under the Consumer Credit Act of 1974. I shall send the £1 statuary payment for this service via the bank details mentioned above.

If the CCA is presented in the appropriate manner, I will be looking to make an initial repayment plan of £10 per month for the foreseeable future, until I return to employment. I anticipate this will be within the next 3 months.

Upon any new employment, I will be willing to pay a reduced debt amount of £400 off in 4 separate monthly payments.

 

 

I would also like to request a full breakdown of the account as it currently stands.

 

As to the situation in general, I am hoping that solving this matter with yourselves will be wholly more productive than with HFC. I would like this matter resolved just as much as yourselves, but HFC have been unable to appreciate my vulnerabilities, so I hope that we can have a more positive dialog and make both parties as happy as each other.

 

In regards to potential County Court action, I would like to request that as the situation is very much in dispute, we can conduct a successful dialog without the need for court involvement. I am more than willing to work with Restons in this matter, and also more than willing to repay the amount (and indeed would do immediately if I had the means!).

 

Finally, I would like it noted that any further fees in regards to this account (which is only in this condition due to administrative incompetence within HFC Bank) would be seen as unfair and unreasonable by myself, and I would implore that, after seeing the attached statement of my affairs, you will reach the same conclusion and feel it reasonable to freeze the account as is without further interest or fees.

 

I would very much appreciate a positive reply within 5 days of receipt of this correspondence, and I look forward to working with you on this.

 

Kindest Regards,

[Dotty50]

Hi Mathwho,

 

Welcome to CAG, sorry to hear of the problems you are experiencing but you will get lots of help here from others who have dealt or are dealing with Restons. (I personally have not)

 

Are you able to scan and post up the letter they sent to you? Careful to delete any personal details.

 

You certainly need to request a copy of your CCA to establish if PPI was paid but there is a standard template letter in the library on the main page. This requires £1 postal order and gives them 12 days (plus 2 for posting) to send you a copy. I think it would be best to send the request to HFC in the first instance (others may say best to send to Restons). But you could just advise them that you have written for your CCA due to the PPI problem and ask them to put your file on hold.

 

If you send any letter stating 'without prejudice', then you cannot produce this in court (should it ever get there) and if you are trying to negotiate payments then this letter would be ammunition for you to use which clearly shows you are not avoiding the debt.

 

Any letters sent should be by recorded delivery, keep a check on the Royal Mail website to track delivery and print the proof of receipt, you will then know when the 12 + 2 days expire.

 

When and if you get a copy, post it up here for further advice.

[Dotty50]

The Consumer Forums - Debt collectors

 

Letter 8 is the one you need

[harrassed senior]

If they fail to produce anything enforceable after the CCA Request, you could send a SAR which costs £10 and goes the HFC and this gives them 40 days to supply ALL documentation they hold on you and could reveal the PPI.

[Mathwho]

Hey Dotty50!

 

Many thanks for your reply. This is really getting to me at the moment, and isn't the only debt I have, either...

 

The scanned letter is available, with original spelling mistakes (heh) here: Image - TinyPic - Free Image Hosting, Photo Sharing & Video Hosting

 

I know for a fact PPI was added at the point of sale - I have my copy of the contract, with £4.94 per month added on! HFC said they trusted their system more than me..they trusted me enough with £1600!

 

Does it cost to get a postal order, like a bankers draft do you know please? I only suggested bank deposits in the letter as my account does not issue a chequebook (though I recently learnt a cheque can be written on anything... even the side of a cow! But that's for another day... )

 

So you reckon HFC would be willing to talk to me (would be a first), even though they've directed the account to the DCA? To be honest I am happier to deal with Restons, in case they are more co-operative!

 

I shall take the without prejudice out, many thanks

 

Will do, and many thanks again for the advice - it is golden. I have this evening requested help from Payplan via their website, as maybe having an organisation as mediators would help my case?

 

 

Again, thanks and hugs!

[Dotty50]

It might be advisable to read some Restons threads so that you get an idea of their tactics.

 

There is a fee for a postal order, I think it is 50p for a £1.00 one but better than sending a cheque with your bank details and signature on it.

 

All advice given on here is NEVER to speak to them on the phone, they will try to get you to pay more than you can afford and threaten allsorts. So just state that you will only deal in writing so that everything is clear and no confusion arises.

 

As Restons are asking for the full balance, you should have been issued with a Default Notice, which is a requirement under the Consumer Credit Act. Have you got one?

[Dotty50]

Oh goodness, if you have a copy of your agreement showing PPI, they are in big trouble. Keep that VERY safe!

 

They also sent you claim forms, why? If is wasn't on your agreement?!

[Mathwho]

harassed_senior : many thanks for your advice, I shall keep that in mind!

 

Dotty50:

 

I was thinking of going with the honest and open approach, but I certainly am in no position to risk getting burned..!

 

Brilliant, thank you - I shall get a postal order done tomorrow. As you point towards the CCA request letter, are you saying you think it best to just send a formal letter like that in the first instance, rather than begin negotiating?

 

Waiting for letters makes me nervous, but I'll guess I'll bite the bullet.. I guess I'm worried they'll think I'm ignoring them, even just for a few days?

 

I received a Default Notice from HFC yes - not from Restons (this is first contact from them). Interestingly though.. another debt is being asked for in full and no default notice received (I don't remember taking the loan - my memory is understandably pot-shot!). So good to know they may have made a mistake..

 

Again, a great big THANK YOU! I've tried to suffer on my own with this, thinking other things are more important.. that debts can wait.. but to be honest, I get the feeling that doing something positive about them will help other areas of life too...

[Mathwho]

Oh goodness, if you have a copy of your agreement showing PPI, they are in big trouble. Keep that VERY safe!

 

They also sent you claim forms, why? If is wasn't on your agreement?!

 

Is what I couldn't understand.. I remember quoting from the agreement verbatim on the phone.. still nothing. Numbnuts!!

 

It was a medical assessment form, as I was claiming under health conditions. And yes, I agree, why send forms!!

 

I've often thought - they know I'm vulnerable... so they try more tricks. Is why I may have more hope with the new bunch.

[Dotty50]

The honest and open approach is very admirable, unfortunately it is not reciprocated, which is why you should read other threads on here.

 

If you can post the Default Notice up, there are specific requirements with dates so leave those on.

 

DONT suffer on your own, you will be amazed how many others are in exactly the same boat.

 

If you have approached payplan, it might be an idea to advise Restons of this, but that is all I would tell them for now.

 

There are other things that you can do but best not to bombard you with too much at once!

 

Try not to worry too much, your health is the most important thing, but as you say, getting in control of these debts will help.

[blueboy6970]

I would just send the CCA request first and see what they come back with, particularly if you have a copy of the original one (but don't let them know that).

 

Send it direct to Roystons, 1st class Recorded delivery (costs £1.15) and with a £1 postal order (Dotty is right costs £1.50).

 

They then have 12 + 2 days to respond with a copy of your agreement, if not you can put the account into dispute.