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Is this agreement enforceable? - HFC Loan


MorganaNK
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The copy I have is that bad! I will have to read your thread Car2403... I find agreement enforceability highly confusing!

"I am prepared to meet my Maker. Whether my Maker is prepared for the great ordeal of meeting me is another matter" - Sir Winston Churchill

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  • 1 month later...

Just got home and found this... I know that I can't ignore it... but what should I do next? It was sent normal post (36p) from Reading yesterday... please advise :sad:

scan0004.pdf

"I am prepared to meet my Maker. Whether my Maker is prepared for the great ordeal of meeting me is another matter" - Sir Winston Churchill

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Going to sound completely pitiful here but can someone please help me out...

 

From reading some of the other threads around here it seems that they can only ask for the amount in default and not the full balance - is this correct? And if it is what is my next step?

 

Thanks

Edited by MorganaNK

"I am prepared to meet my Maker. Whether my Maker is prepared for the great ordeal of meeting me is another matter" - Sir Winston Churchill

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Who or what is TBI Financial Services?

 

This Default Notice looks accurate, but it's a shame the agreement is unenforceable, so having an accurate Default Notice doesn't really help there case.

 

There's 2 options here - ignore them and see what happens next, (probably a spurious sale of the account to a DCA who will hound the life out of you) or take the game to them and write to this new company to outline that they have no claim against you and that they **should** really consider returning the account back to the original creditor for them to deal with your dispute.

 

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Car, thank you, you have made me smile for the first time since I got this letter...

 

So the agreement is unenforceable... can you explain to me why... it's not that I don't believe you, just that I am more than a little brain dead at the moment...

 

TBI are the company who provided the CCA... they are a debt collection company or something... periodically they sent me compliments slips inviting me to call them - an offer I obviously and regretfully had to decline :madgrin:

 

Thank you again

"I am prepared to meet my Maker. Whether my Maker is prepared for the great ordeal of meeting me is another matter" - Sir Winston Churchill

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64. Duty to give notice of cancellation rights.

— (1) In the case of a cancellable agreement, a notice in the prescribed form indicating the right of the debtor or hirer to cancel the agreement, how and when that right is exercisable, and the name and address of a person to whom notice of cancellation may be given,— (a)

must be included in every copy given to the debtor or hirer under section 62 or 63, and

 

(b)

except where section 63(2) applied, must also be sent [F5 by an appropriate method] to the debtor or hirer within the seven days following the making of the agreement.

 

 

(2) In the case of a credit-token agreement, a notice under subsection (1)(b) need not be sent [F5 by an appropriate method] within the seven days following the making of the agreement if either— (a)

it is sent [F5 by an appropriate method] to the debtor or hirer before the credit-token is given to him, or

 

(b)

it is sent [F5 by an appropriate method] to him together with the credit-token.

 

 

(3) Regulations may provide that except where section 63(2) applied a notice sent under subsection (1)(b) shall be accompanied by a further copy of the executed agreement, and of any other document referred to in it.

(4) Regulations may provide that subsection (1)(b) is not to apply in the case of agreements such as are described in the regulations, being agreements made by a particular person, if— (a)

on an application by that person to the [F6 OFT] , the [F6 OFT] has determined that, having regard to—

(i) the manner in which antecedent negotiations for agreements with the applicant of that description are conducted, and

(ii) the information provided to debtors or hirers before such agreements are made,

the requirement imposed by subsection (1)(b) can be dispensed with without prejudicing the interests of debtors or hirers; and

 

(b)

any conditions imposed by the [F6 OFT] in making the determination are complied with.

 

 

(5) A cancellable agreement is not properly executed if the requirements of this section are not observed.Annotations:

Amendments (Textual)

F5

Words in s. 64 substituted (31.12.2004) by The Consumer Credit Act 1974 (Electronic Communications) Order 2004 (S.I. 2004/3236), art. 2(4)

F6

Words in s. 64 substituted (1.4.2003) by Enterprise Act 2002 (c. 40), ss. 278, 279, Sch. 25 para. 6(24) ; S.I. 2003/766, art. 2 , Sch. (with art. 3)

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I know mine was signed on the premises. So, if I am reading you correctly, as there is no name/address of who or where to contact to cancel the agreement then the agreement is not enforceable... I just want to be sure so that I am saying the right thing in the letter... sorry for being a pain in the arse...

"I am prepared to meet my Maker. Whether my Maker is prepared for the great ordeal of meeting me is another matter" - Sir Winston Churchill

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This is the letter that I have drafted to send:

 

Thank you for your letter of the 20th October 2010, the contents of which are duly noted.

Pleased be advised, that although your Default Notice looks accurate, the agreement that you provided me with is unenforceable. You therefore have no claim against me, and I kindly suggest that you should return this account to the original creditor so that they may deal with my dispute.

Yours faithfully

"I am prepared to meet my Maker. Whether my Maker is prepared for the great ordeal of meeting me is another matter" - Sir Winston Churchill

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hold on a second

 

at the top of the agreement it states

 

personal loan agreement then

credit agreement

 

which one is it

 

be it signed on trade prem or not

 

cancelation rights apply as this is NOT A HP AGREEMENT

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This was signed at PC world for a computer... if it is enforceable then I am more than happy to offer them a payment plan... if it isn't then...

 

As far as I can see, they are asking for the full amount. They sent me a statement the other day:

 

This statement is being given to you as required by the Consumer Credit Act 1974.

 

Customer Account No: xxxxxxxx

 

Assignor: HFC7 Bank Limited

 

Statement Period ("the Period"): 01/10/2009 - 30/09/2010

 

Annual Interest Rate for the Period: 0:00%

 

Balance owing on the first day of the Period: £631.80

 

Balance owing on the last day of the Period: £601.80

 

I await advice because I am completely confused now... :|

"I am prepared to meet my Maker. Whether my Maker is prepared for the great ordeal of meeting me is another matter" - Sir Winston Churchill

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I only have six days to respond to them before they unleash whatever hounds of hell they plan to set on me next... I am completely confused as to where I stand and what my next move should be... do I ignore them, do I write and tell them to "foxtrot oscar", or do I offer a payment plan? Please can someone take pity on a resident of the Twilight Home for the Perpetually Bewildered and point me in the right direction - thanks :madgrin:

"I am prepared to meet my Maker. Whether my Maker is prepared for the great ordeal of meeting me is another matter" - Sir Winston Churchill

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Hi, My eyesight doesn't allow me to comment on the agreement but if it was signed on the premises then no cancellation rights apply.

 

What does confuse me is that the agreement was taken out in 2000 and you have only just received a default notice. As it was 48 monthly payments, the debt should have been paid before the end of 2004 ergo, you fell into difficulties before 04. The default notice should have been served in a timely manner.

Have you been defaulted on this account previously?

 

Apologies if I am getting the wrong end of this particular stick

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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Hi and thanks for the reply...

 

I did miss a few payments, was made redundant twice within a couple of years, but the CAB arranged for me to pay it off at £5 a month... pretty sure I never received a default notice then... I was again made redundant last year in March, and had no money to really pay anything or anyone (JSA only), but I did my best as and when I could. I now have a job again, but was still sorting out my debts (asking for agreements etc) so made no more payments. Received the agreement/default notice when I posted them here... and then received the statement at the end of last week...

 

Still have no idea what I should or shouldn't be doing next... :|

"I am prepared to meet my Maker. Whether my Maker is prepared for the great ordeal of meeting me is another matter" - Sir Winston Churchill

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I would imagine the default notice is correct as by this time the arrears make up the full balance. If you ignore it they will terminate the account but my query around why you weren't defaulted before still stands. You cannot be defaulted for the same debt twice and you really should have been defaulted back when you first ran into difficulties.

 

I woud be sending a SAR to the original creditor to find out if you had been defaulted or not (and hopefully getting a clearer agreement)

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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Thanks again for replying...

 

That would be HFC... will have to see if I can actually read the address on the paperwork :| - do I need to say anything to TBI? I am getting very confused by the agreement being enforceable or not because of some of the wording/quality of copy etc...

 

Off to bed now as early start tomorrow... but I will check in here from work... thank you

"I am prepared to meet my Maker. Whether my Maker is prepared for the great ordeal of meeting me is another matter" - Sir Winston Churchill

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Good morning, and thanks everyone for the help yesterday, although my confusion still stands... besides the SAR to HFC, what should I be doing or not being doing in as far as TBI are concerned... I guess its the word "court" in their letter that is making me a tad nervous about ignoring them completely, especially as I have no real idea what a default notice means and what their next course of action is/could be... help!

 

:madgrin:

"I am prepared to meet my Maker. Whether my Maker is prepared for the great ordeal of meeting me is another matter" - Sir Winston Churchill

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Hi everyone - so sorry for starting another thread but I am in full blown panic mode now as time is running out.

 

All the information can be found here:

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?277281-Is-this-agreement-enforceable

 

I just don't know what I should or should not being doing... can someone please help. I am feeling sick just thinking about this...

 

Thanks

 

Mo

"I am prepared to meet my Maker. Whether my Maker is prepared for the great ordeal of meeting me is another matter" - Sir Winston Churchill

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know hfc and their wolves well

 

what you have is a threat-o-gram

don't worry about them

thet have no legal powers

 

when was your last payment please.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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oh and PS

get reclaiming the PPI!!

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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