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

[coledog]

Subscribing in case of updates - am in similar situation although 7 weeks since CCA request.

[coledog]

Just a thought - have you considered a complaint to Experian asking them if a DCA accessing your credit report (without your permission), printing it out and sending it to you as proof of a debt is covered by their terms and conditions? My report was from Equifax so it would be interesting to see if Experian come up with the same excuses.

[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]!

[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

[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

[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

[coledog]

Need the phone number as well

[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!

[coledog]

fine - do not sign, print name

[coledog]

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

[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.

[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.

[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

[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]

[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.

[coledog]

Did you send it to:

 

Data Request Team

Citibank

PO Box 49944

London

SE5 7YG

 

I think these ar the people who sent the last one

 

The only other address I can find is:

 

Citibank International plc

PO Box 49930

London

SE5 7XT

[coledog]

Told you that PPI looked dodgy

[coledog]

Can you give them a ring and ask if they have received it? If so are they going to respond?

[coledog]

Problem is Citi are no longer a properly functioning company any more and only seem to service existing/old accounts.

Not sure what is going on with them.

[coledog]

Yes - I would have expected statements, default notices, who they sold it too. If they have confirmed that this is all they have, it is all you can do for now. A distinct lack of paperwork.

[coledog]

Well - I would say that there is actually no proof of what is owed or a legal default notice being served. There is also no proof that this was sold to the wombles! Someone could actually 'find' something I suppose but you now have written confirmation that this is all they have.

[coledog]

You certainly need to try and get this.