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

[batleyboy]

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!

 

Ok will go for 20th... to be sure!

 

below is a link for the postcard. hope its legible!

 

 

http://i854.photobucket.com/albums/ab110/batleyboy1/postcards.jpg

[batleyboy]

ok here it is..going by recorded today!

 

"

 

HFO Services Ltd

PO BOX 342

West Byfleet

Surrey

KT14 6YX

ACCOUNT IN DISPUTE

 

Date:

 

Ref: Your reference:xxxxxxxxxxxxxx

 

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 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 20th of September 2010).

 

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 or 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

"

[coledog]

fine - do not sign, print name

[batleyboy]

fine - do not sign, print name

 

Cheers Cole!

 

OK to update ( and so I can keep a timeline as sooo easily confuddled ) Letter sent recorded yesterday, recorded slip filed with letter and will file signature sheet of royalmail.com in a few days once receieved!

[coledog]

That should keep them quiet - chase up your request to the original creditor as any information you can get is extremely useful.

[batleyboy]

ok i will do some scanning tomorrow at work ( loads of it though ) as i have receieved docs from the OC. to give you an idea what it is there , there is a covering letter, a sort of statement some what i believe are credit agreements with supporting docs and signatures. each apps signature looks different but could be argued are slightly similar but dont seem to match the supporting ID.

 

 

One thing that isnt there is any letter stating its defaulted and passed to the DCA , should there be one? should i chase for one?

 

 

thanks

[coledog]

Yes - they should have sent a default notice to you at the time so should have a copy of that also they should have sent details of who the debt was sold to - notice of assignment.

 

We will see what they have sent and work out what else you need to ask for.

[batleyboy]

Yes - they should have sent a default notice to you at the time so should have a copy of that also they should have sent details of who the debt was sold to - notice of assignment.

 

We will see what they have sent and work out what else you need to ask for.

 

 

Thanks! they are the two things i think are missing ( as well as a detailed statement with start and end figure)

 

will get scanning and then going through the obligatory blanking out ( its about 20 pages so may take a while)

 

thanks coledog!

[batleyboy]

Sorry about the delay, have scanned all to pc, now in process of blanking out all particulars before posting on here....may take a while theres a load there !

[batleyboy]

out of interest, would the OC speak to HFO and "agree" a NoA and default date? Do they speak that freely?

[coledog]

I think that they sell these things in batches, judging by the lack of detail DCAs seem to have I imagine that there is little communication between parties.

[broken arrow]

out of interest, would the OC speak to HFO and "agree" a NoA and default date? Do they speak that freely?

 

The HFO fan club have evidence of collusion between the OC and the various Concillian companies.

[coledog]

The HFO fan club have evidence of collusion between the OC and the various Concillian companies

 

Interesting

[coledog]

BB

 

Reading through your thread again I noticed that you received an e-consumeriew credit report? I have set up a thread on the Debt Collection Forum on this very subject and am trying to get everyone affected to put in a complaint (how to is in the thread) The link is below

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?280552-HFO-Services-now-using-e-consumerview-reports-to-encourage-payment

 

Thanks

[batleyboy]

update, have had some great advice today ( thats CD! ) and will be posting the CCAs tomorrow for review.

 

where I am at the mo? well i have a fair handle on what I have and what i need to press the OC for tomorrow!

[batleyboy]

OK please find attached CCAs from OC. Questions and points i have collated so far ( with help from Coledog). Any further questions comments or pointers much appreciated!

• Three credit agreements dated 22 Sept 04, 11 Feb 05, 22nd July 05 all for loan refinances. There is NO agreement for the original loan or whatever was refinanced in Sept 04.
  
• Insurance cover documents for these three loan ( PPI argument?)
  
• An application form dated 20th July 05 - but no other application forms, plus supporting id, payslip and bank statements etc
  
• No default notice or any correspondence about missing payments
  
• No statement of account or record of payments made/charges etc
  
• No record of any telephone calls or manual intervention
  
• No Notice of Assignment or anything whatsoever about who the debt was sold to or how this got to HFO
  

cca.pdf

[batleyboy]

currently drafting reply to docs sent by OC. Paragraph my eye gets drawn to is ;

 

*_PLEASE NOTE_* that unless otherwise stated by yourselves and if the above documents are NOT provided, it will be CONFIRMED that you are unable to reproduce/provide in any way shape or form any copies of the above requested documents. You are reminded that you have a duty to inform me if you do not have the above documents. This is confirmed in High Court Law - Ezsias v Welsh Ministers - [2007] All ER (D) 65 (Dec)

 

You are reminded that you are obliged to supply all the above documents in line with the Information Commissioners Technical Guidance update (Dated August 2007)

 

All the information missing am I correct they must advise that this cannot be provided as it does not exist or is it a legal assumption?

If anyone has a draft letter to this kind of case this would be greatly appreciated. Seems a fair few holes in the information supplied..what do you think?

[coledog]

Letter from library you will need to amend it to add - Default Notice, any Notice of Assignment (as you assume that the account has been sold)

 

According to what they have sent it looks like the account is still active and not in default or arrears or sold on! - apart from the fact that there is no statement of payments etc

 

LETTER BEFORE ACTION

Section 7 – Data Protection Act 1998

 

Dear Sir/Madam

 

Account: xxxxxxxx

 

I am in receipt of the documents that you have supplied in response to my Data Protection Act information request dated (Insert Date). The disclosure of personal data is incomplete in that at least the following documents are missing.

 

(Adapt this next section to your situation)

 

1) You have failed to provide a complete list of transactions and charges.(Add details of missing period - or a transaction that you know about which is not included)

2) You have provided no notes, or documents relating to any legal action between you and myself.

3) You have provided no notes, or documents relating to instances of manual intervention.

 

This is not an exhaustive list by any means, it is just an example of some of the information I am missing.

 

Accordingly, I have to tell you that you have not yet complied with your obligations under the Data Protection Act 1998.

 

You have a further (Insert number of days remaining) days to comply.

 

Yours faithfully,

 

 

 

 

[name]

[batleyboy]

thanks Cole! will get this mailed off via recorded del today.

 

Anyone else have any thoughts on what HAS been supplied and why what hasnt been supplied is missing ...

[broken arrow]

I think think CD,s letter is sufficient for your next move, lets see what their response is, I would give them 7 days to respond.

[coledog]

If someone can have a look at the contracts sent? I have no idea.

[coledog]

Bump - anybody able to look at this?

[coledog]

Hi BB

 

Did you send the SAR request for further info to Citi? How many days did you give them? If not -you need to get this off to them ASAP.

[batleyboy]

Hi BB

 

Did you send the SAR request for further info to Citi? How many days did you give them? If not -you need to get this off to them ASAP.

 

 

Hi Cole,

 

I did indeed. am resending today though as when i use the rec del tracking I have the "come back later " message for this shipment. Knowing Royal mail as i do this means its been lost/undelivered.

 

Agree with your thoughts so resending via rec del today, requesting a week turnaround.

[batleyboy]

Hi guys, another bump to

 

1. see if anyone else has a look at the CCAs ( thanks Cole and BA)
   
2. also advise that my 2nd rec del still hasnt got a signature...odd! DOes anyone know if that OC has moved ? Takes 15 working days for RM to investigate.. Maybe send Spec Del rather than recorded?
   

Any advice on that?

 

thanks as always!