Is this agreement enforceable? - HFC Loan

[MorganaNK]

Thank you so much for responding to the neurotic one:wink:

 

Last payment was April 2010... sadly...

 

Can I check with you to make sure I am understanding something in all my confusion:

 

1) I need to SAR HFC

2) Once I get a response I need to reclaim the PPI (how?)

3) I ignore TBI completely

 

I guess I am panicking because they keep mentioning the word court... I don't want to do nothing and then end up before a judge... and I am confused because I don't know if the agreement is enforceable or not...

 

Thanks again

[dx100uk]

i have tidied this thread

 

will be back later to help

 

TBI are not a dca i have seen associated with HFC before

 

something funny going on.

 

can you get together a payment history please

when and how much

rough idea

but i need rough dates etc too

 

dx

[MorganaNK]

Hi and thanks again

 

I have only ever received one statement in regards to this account, and that was from TBI (and is mentioned above). It is at home so I shall scan it in and post it tonight. Before the account was with TBI it was with Lewis - they never sent anything except payment slips and calls to my mobile every twenty minutes until gone ten at night if I missed a payment. I do have the stubs from paying them, so I can roughly work out what I have paid... what came out of my then bank account is anyone's guess!

 

Thank you once again - I feel calmer today than I have for over a week and my headache is going!

[dx100uk]

please give us a rough history of whom and when and dates

 

there is something not right

and that info you have just posted points even more toward it

 

i'd say you've been fleeced for ages.

 

i'd SAR HFC today.

lets get a history.

 

dx

[MorganaNK]

Right... are we sitting comfortably? Then I shall begin...

 

It appears that up until January 02 inclusive I was paying HFC £32.72 on or around the 26th of the month. The debt then got passed to Lewis.

 

I paid - £24 in 2005 (£2 a month)

£42 in 2006 (£2 going up to £5 a month)

£60 in 2007 (£5 a month)

£60 in 2008 (£5 a month)

 

Unsure in 2009 - I have receipts for £25 - was made redundant in March '09 and cannot recall what I paid when... have also moved since then...

 

Statement received from TBI dated 25th October 2010

 

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

 

Payments, Interest or Charges payable during this Period:

 

Debit Amount £ Credit Amount £ Date

0.00 5.00 Oct 2009

0.00 5.00 Nov 2009

0.00 5.00 Dec 2009

0.00 5.00 Jan 2010

0.00 15.00 Apr 2010

5.00 0.00 Jull 2010

 

***

 

The £32.72 information comes from a printout sent to me by L-TSB - it states returned DD from Feb 02 onwards until they closed the account. The amounts paid to Lewis are as accurate as possible.

 

Sorry but that is all the information I have... I hope it is of some use... and thank you for helping

 

Mo

Edited November 4, 2010 by MorganaNK
I'm an idiot!

[dx100uk]

urm....

that agreement should show totals etc

 

48*32.78 = £1573.44

that should show as should the total interest charge for credit £615.45

 

i also believe they must show a sep sig box for PPI

or atleast the cost

it dont show that anywhere.

£4.52PCM was PPI.

 

dx

[MorganaNK]

Hi DX, so what is my next step... besides SAR to HFC - meant to do it yesterday but got invaded by directors from Head Office! Do I need to write anything to TBI - I guess I have to send something today so that it gets there on the 8th or else they might come round and stamp on all my toys!

 

Thanks

 

[dx100uk]

no i wouldn't respond or worry about the threat

they can do nowt to you.

they have no more legal powers than a milkman!!

 

have you got any other paperwork with that agreement and could you scan it at 600DPI.

 

does that top blanked out box have any figures on it?

 

i'm puzzled, that agreement is not complete or looking like others for that period.

 

i'd get a claim going for the PPI, and p'haps, write to the muppets telling them you are disputing the outstanding amount.

 

they can only send threat-o-grams anyhow even if they dont like it!

 

 

yes and SAR HFC

dx

[MorganaNK]

Hi

 

I cannot scan it in any better than I have. The work scanner and the one on the home PC do this and nowt more... I will have to look at the agreement when I get home to remember what was in the top box... head is in the shed right now...

 

Thank you for all your help, this is really is a weight off my mind... and I will write to TBI telling them I dispute the amount owing

 

Mo x

[MorganaNK]

Enlarging (on the screen) the copy I have that I initially blacked out I can see that it is the items I bought and their prices - not clear enough for me to reproduce here so I will have to look at it at home but...

 

Sorry

[MorganaNK]

2010-08 (Aug).zip

 

Hi, sorry it has taken me a while to do this, family drama involving 97 year old Grandfather

 

I have attached the documents... hope they are ok... and I have SAR HFC and told TBI that I dispute the amount.

 

Thanks again for your help

 

Mo

[MorganaNK]

I sent the SAR to HFC, they have refused to process it unless I send them a copy of my driving licence or passport and an uncrossed copy of my signature...

 

TBI wrote to say that they were asking for a statement from HFC...

 

HELP (please!!!)

 

[dx100uk]

delaying tactics

do not post anything of the sort to them:

 

Select committee on Trade and Industry minutes of evidence

(1996 Legislative working party)

2. The working party looked at the legal issues regarding the terms document, writing, signature, instrument, and records of transactions and originality. The Government's current proposed legislation focuses particularly upon the issue of signature. The working party considered the leading case in English law on signature methods, Goodman -v- J Eban Limited. That decision established that:

2.1 mechanical signatures using rubber stamps, printing or typewriting were valid in english law;

2.2 a signature can be by a mark rather than a name as long as evidence can be given to indentify the placer of the mark and the intention to sign; and

2.3 words other than a name can amount to a signature if the necessary intention to sign can be proven

Now although this working party was looking into the Electronics Commerce Bill it points to . .

Goodman v J Eban Ltd (1954)

A solicitor signed a solicitors bill with a rubber stamp which contained the name of the law firm. In the judgment it was determined that the rubber stamp was a valid signature, even theough the Solicitors Act of 1932 required a solicitors bill to be signed; it was established that it is enough to demonstrate that the rubber stamp was affixed by the solicitor with the intention to sign the solicitor's bill.

So now taking the highlights above I go to:

Interpretations act 1978

Schedule 1

1973 c.37.

"Writing" includes typing, lithograpgy, photography or other modes of representing or reproducing words in a visible form and expressions refering to writing can be construed accordingly

 

dx

[MorganaNK]

We confirm receipt of your letter dated 05 November 2010 requesting a Subject Access Request (SAR) pursuant to Section 7 (1) of the Data Protection Act 1998.

 

Before we can reply, please resubmit your request with the following information:

Proof of Identification - (Copy of driving licence or passport)

Further information - legible signature on SAR request letter

 

Once we receive the above information we will respond to your request within the guide lines of 40 days.

 

If we do not receive a reply within 30 days from the date of this letter the file will be closed and your Postal Order for £10.00 will be returned.

 

Should you require any further information, please contact our Customer Services Department on 0870 010 0453, who will be happy to assist.

 

I read your post dx, what should be my response besides thanks

[dx100uk]

its delaying tactics

 

copy them my post

 

use the sig from the agreement.

 

 

dx

[MorganaNK]

Thanks dx - consider it done 8-)

[MorganaNK]

Sent them what you kindly provided, are willing to start the process but will release no information to me until I provide them with a copy of my ID...

[MorganaNK]

TBI have defaulted me on this account again! I am getting seriously confused here... please can someone help me before my head explodes...

[dx100uk]

working........

 

dx

[MorganaNK]

No worries... x

[dx100uk]

I have recently been in liaison with a debt management organisation & during my consultations it has become apparent there are several issues with our mutual business that I wish to raise.

No total cost for the loan is shown

No interest on costs for the credit is shown

PPI has been added to this loan without my consent, consultation nor signature.

The agreement I signed already had the PPI box pre-ticked with a typed X & not hand written by me.

No total cost for PPI shown

No total cost for interest on PPI shown

I have repeatedly asked for a Subject Access Request upon the loan which you are refusing to supply.

I strongly believe that yourselves & subsequent Debt Collection Agencies have added unlawful charges to my balance and this has unjustly inflated my alleged in-debtness.

Until I receive the required paperwork contained in my Subject Access Request, when I will be able to get help upon these matters, I will not be including HFC in my DMP

I believe the agreement to be flawed, unenforceable, containing mis-sold PPI & unlawful penalty charges that do not truly reflect their associated administrations costs.

Yours

 

inc a copy of the CCA, & T&c

 

dx

[MorganaNK]

Still refusing point blank until I send them a copy of my passport or driving licence :o(

[car2403]

Still refusing point blank until I send them a copy of my passport or driving licence :o(

 

Haven't you sued them, yet?

[MorganaNK]

Have now sent them this (well I was sending it to L-TSB so I thought I might as well! - thanks to Harrassed Senior)

 

I note that you have sent statements and correspondence containing sensitive private information to me at same address as that detailed in my SAR request. If you are concerned that you are corresponding with the correct person I wonder why you have not verified the information before.

 

As you are aware, disclosing data without adequate checks of identity is contrary to the 7th principal of data protection, listed in schedule 1 of the Data Protection Act 1998. The time to confirm my identity was before you sent your first threat letter.

 

Please now comply with your legal obligation without further delay

[MorganaNK]

Haven't you sued them, yet?

 

Oooh d'you think I should?!?