HFO chasing 3 CITI Loans + **WON PPI**

[patrickq1]

would be a good idea if you could make a phone call from a goverment building office hehe can you imagine the harrassment Alice would be giving to a goverment office and the threats haha i love it

[batleyboy]

well seems they have another tax dodgy company doing postcard deliveries so that will probably be another 20,000 payments to silver huh...

send a copy of the silver postcard to the ICO and let the ICO that HFO are in breach of their SAR and you want action against HFO also point out this siver Co is part of HFO

patrickq1

 

Hi Patrick,

 

i gathered tehy may be one and the same not too much info comes up if you google them.

 

ok so copy of postcard to ICO ( forgive me its been a month so i ve slacked and other things have taken my brain space lol) do we mean OFT?

 

what are the implications for the OC and HFO in not answering my written requests within the timeframe?

 

thanks in advance for your guidance,,, it is really appreciated!

[batleyboy]

and i m guessing the course of action for the postcard in respects to replying to it is DONT! just scan, file for ammo and send to the ICO/OFT

 

thanks

[coledog]

DO NOTHING - its the old delivery [problem] they were doing with another company, you ring the number and they ask you for your phone numbers and to confirm your details - you then get a letter delivered saying 'got yah' and a lot of nasty phone calls - I think the old company were First Logistics or Direct Logistics? I will have to look it up in the other thread. Major alert - a new [problem]!

[broken arrow]

The old one was first direct logistics, we called you were not in, so why did the postman deliver it...

[batleyboy]

thats what i thought they normally use these for but they know i live here, i've sent them the harrassment letter etc so thats what made me think there MUST be another reason...maybe there really isnt and they re being clueless but i dunno

[broken arrow]

I received two one before and one after they started action.

[batleyboy]

I received two one before and one after they started action.

 

Is that what i have to look forward to then , realistically. Still cant fathom any method in the madness, if any.

 

So question i guess now is CCA sent to HFO, no reply. SAR sent to OC, no reply ( but they may have a few days left on SAR). What should be my nexts steps. What are the implications of not fulfilling their CCA and SAR obligations and what are the implications if I do nothing and dont "bring them up" on their failure?

 

cheers

[broken arrow]

So I presume they have not started any legal action yet.

I would chase Citi Re SAR.

[batleyboy]

So I presume they have not started any legal action yet.

I would chase Citi Re SAR.

 

Keep half expecting to come home to court papers...no way to live lol.

 

 

thanks, will chase SAR tomorrow. Can i force them to supply? I guess if I ve sent the SAR form with £10 PO ( which I have) then the answer is yes

[broken arrow]

Citi have an obligation by law to comply within 40 days, I would not worry about HFO for now.

[batleyboy]

ok, by my maths they're not quite there..yet! will double check though! thanks BA!

[coledog]

Batleyboy

 

Have you sent an 'account in dispute' letter to HFO following non receipt of the credit agreement? You need to do this. Link is

http://www.consumeractiongroup.co.uk/resources/templates-library/86-debt-collectors/571-failiure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale

[batleyboy]

Batleyboy

 

Have you sent an 'account in dispute' letter to HFO following non receipt of the credit agreement? You need to do this. Link is

http://www.consumeractiongroup.co.uk/resources/templates-library/86-debt-collectors/571-failiure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale

 

 

sorry for some reason that link doesnt work exactly so had a search about....

 

do you mean....

 

 

Dear Sirs,

 

Account no xxxxxxxxxxxxxx

 

 

Re: my request under the Consumer Credit Act 1974

 

This account is in dispute .

 

On xx/xx/2009 I wrote to xxxxxxxxx requesting that xxxxxxx supply me a true copy of the executed credit agreement for this account, you had until NN/NN/NNNN to comply with this request.

You have failed to respond to this request in any way and as such I now put this account into dispute.

 

 

Should you continue to pursue me for this debt you will be in breach of the OFT guidelines, I draw your attention to the Office of Fair Trading’s guidance on debt collection

The OFT guidance which was issued July 2003 (updated December 2006) relating to debt collections and what the OFT considers unfair, I refer to page 5 of the guidance which states;

 

2.6 Examples of unfair practices are as follows:

 

h. Ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment.

 

I require you to produce a compliant copy of my credit agreement to confirm I am liable to you or any organisation, which you represent for this alleged debt. I now reqire you to confirm that you actually hold a copy of the original signed agreement. If you do not hold an agreement, then I require you to confirm this, or if you do hold the original signed Agreement then I would ask for you to advise me in what form.

 

I would remind you that the OFT state that creditors should not imply or state that an enforceable agreement exists if that is not the case. Should you ignore this request I will report you to the Office of Fair Trading to consider your suitability to hold a credit licence in addition to a complaint to Trading Standards.

 

I respectfully request a response to this letter in 14 days

 

Just print your name do not use your signature

 

 

 

if there is a better one please let me know ! thanks!

[patrickq1]

ICO because it is information concerning you to a non registered company who have no DATA PROTECTION LICENSE so why are your details being banded about ,,,,

oft as well in fact to all the authorities just to cause them grief , the more complaints the better

if they do not comply then its no case to answer i presume

patrickq1

[coledog]

This one is better:

 

ACCOUNT IN DISPUTE

 

Date:

 

Ref:

 

Dear Sir/Madam

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

 

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. This was signed for as delivered on the **DATE**

You have failed to comply with my request, and as such the account entered default on **DATE** (12+2 days after you made the initial request).

 

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore, you are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before you/your client enters into a default situation.

 

This limit has expired.

 

As you are no doubt aware section 78(6) states:

 

If the creditor fails to comply with Subsection (1)

 

(a) He is not entitled , while the default continues, to enforce the agreement.

 

Therefore this account has become unenforceable at law.

 

As you have failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested. You will also be aware of the CPUTR 2008 and the OFT's guidelines on debt collection which state under the title Deceptive and/or unfair methods - Examples of unfair practices are as follows - 2.8

 

(i) - 'Failing to investigate and/or provide details as appropriate, when a debt is queried or disputed, possibly resulting in debtors being wrongly pursued'

 

(k) - 'Not ceasing collection activity whilst investigating a reasonable queried or disputed debt'

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

 

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

 

It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Should you not respond within 21 days I expect that this means you agree to remove all such data.

 

Furthermore you should be aware that a creditor is not permitted to take ANY

Action against an account whilst it remains in dispute.

 

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

 

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

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

* You may not pass the account to a third party.

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

* You may not issue a default notice related to the account.

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 21 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

[batleyboy]

Thanks Coledog!! thats a belter!

[coledog]

Find a dodgy private mailing company to deliver it - no, send 'recorded delivery'

 

I have set up a thread on 'Debt Collection Forum' to warn people of the possible delivery [problem]. If you could scan the card, with your details removed that would be very useful.

link is http://www.consumeractiongroup.co.uk/forum/showthread.php?278901-Silver-Point-Deliveries-a-new-HFO-delivery-[problem]-(1-Viewing)-nbsp

Edited September 30, 2010 by coledog

[sillygirl1]

Report HFO to Trading Standards for this, it is a blatant breach of your rights, what self-respecting delivery company would actually POST a delivery letter second class post?

 

It is a sly way to get them to say you have accepted the debt and are now subject to a Statutory Demand for the payment in full otherwise bankruptcy will follow.

 

I've just been talking to a friend offsite about this, they moved a couple of weeks ago and have found four of these 'cards' since in their post, two addressed to 'The PRESENT Occupier'....

[DonkeyB]

Can you give us more details of what exactly is printed on the card? Is there a "Limited" company name? I can’t track Silver Point Deliveries – the only company with a similar name is dissolved.

 

Also, does the reference number on the card match the number HFO use on your correspondence?

 

Could you edit your details out and scan it for us to see? Definitely time for more complaints for misleading communications. W*nkers.

[coledog]

Need the phone number as well

[emmaf01]

subscribing

[patrickq1]

http://www.legalombudsman.org.uk/

also send complaint to the above

patrickq1

this is getting fun again BA hehe

[batleyboy]

Can you give us more details of what exactly is printed on the card? Is there a "Limited" company name? I can’t track Silver Point Deliveries – the only company with a similar name is dissolved.

 

Also, does the reference number on the card match the number HFO use on your correspondence?

 

Could you edit your details out and scan it for us to see? Definitely time for more complaints for misleading communications. W*nkers.

 

Hi Donkey

 

Apologies, didnt get a notification that any replies had come through...will do today!

 

 

As an aside can someone check these dates please from the segment of above letter??

 

 

"

 

 

On 28th of August 2010 I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. This was signed for as delivered on the 1st of September 2010

You have failed to comply with my request, and as such the account entered default on 11th of September 2010).

Is the 11th correct, the letter was posted on 28th but only signed for on 1st

thanks!

"

[coledog]

No - 17th Sept is closer as it is 12 working days - put either 17th or 20th (the monday) as this will cover it.

 

We have set up a thread about 'silverpoint' - link is in your thread somewhere, it is proving very popular - thanks!