HFC runaround

[wills7]

I sent a CCA to hfc in November and they replied saying they needed a signature, I replied saying no they don't as it's not a requirement they replied saying they did or a copy of my id. I replied again saying they weren't having it so they replied with the same answer as before. I gave them the correct amount of time, 12 + 2 30 days and them hit them with the correct letter advising them they were now in default and had committed a criminal offence by not supplying the cca to me. They have again replied saying that they will not supply it without id or a signature. It now seems I am going round in circles with them now an at a loss as what to do next.... Any ideas?

 

Thanks

[firstship]

Hi Wills7............not a criminal offence,it does not comply with OFT guidelines,which is more than sufficient to put the account in dispute,which you are entitled to do after 12 working days,......you have sent the correct letters regarding signature,you do not have to supply a signature and they cannot demand ID..............you are STAND OFF if you wish just dont pay them,tell them in your next recorded letter as they do not wish to comply with OFT guidelines,you will cease payments and also inform OFT and TS + ICO.............or ignore them,and see what there next shout will be.......FS

[wills7]

Thank, they have said if I don't comply with sig or ID after 30 days they will consider the matter closed and return my £1 postal order.

Am I legally in my rights now to withold any payment to them until they provide the cca or indeed, take me to court?

[firstship]

Should they decide to send the £1 back to you OK,as long as you have proof of delivery and you do as they have admitted receipt of your CCA request,Your Account in Dispute letter will still apply,and you do not have to make payments,if you so wish............HFC are just being stupid..................FS

[dpick]

They can do what they like with the £1 fee, you have made a legal request and they have not complied so as above it's now up to you if you pay them (though hope you can stand the screams of anguish from them if you dont).

 

dpick

[wills7]

Today i have recieved a default notice from HFC despite them not compling with my CCA request. They refuse to supply the CCA without proof of my identity or signature. i am reluctant to provide this as i don't have to but now they have issued me with a default notice i am at a loss as what to do. Any ideas???

 

Thanks

[firstship]

You do not have to submit your signature,go to library on this site then into debt collec,library template No3.a good letter ref signature(sorry problem with direct link)

 

HFC should not send a default notice whilst the account is in dispute but pretty much most OCs and DCAs ignore this.

 

along with the I do not have to supply my signature letter in the same library template there is a letter that covers non compliance,send the default notice back to them with the letter,remember to make a copy of the default notice

 

FS

[wills7]

HFC have today finally sent me my CCA, it all looks in order but it is a copy which looks like it's been printed off but the date at the top is July 2007.

It is exactly the same as a copy i recieved in 2007.

Would this mean that they don't have the original and only this copy they have on computer? If so where do i stand if this is the case and they don't have tghe origina?

[dpick]

Does the copy have your signature, the courts are happy to accept copies of agreements that do have the debtors signature. I would post the copy of the agreement with your personal detail and any bar-codes removed so that the experts can give an opinion on the enforceability of the copy.

 

dpick

[wills7]

It does have my signature on it, how do i upload a copy of it?

[dpick]

scan the required letters/agreements/sheets

remove all pers info inc barcodes etc but leave all figures and dates.

goto one of the many free online pdf converter websites

convert the image to pdf format.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

NB:you can set where it goes in the post by hitting insert inline.

the hit reply button

 

Hi I dont claim any credit for this it is a copy of DX's post thanks DX

[wills7]

Now i have finally recieved my CCA i sent HFC an I&E with an offer of payment, i didn't hear anything back and now i have recieved a letter from Restons demanding payment or they will take me to court. I have told them i offered HFC monthly payments to clear the loan and they hadn't replied so i have sent restons a copy of what i sent to HFC.

Are restons likely to accept reduced payments on the account or are they likely to play hard ball and so 'no, see you in court?'

[firstship]

Wills if Restons have not purchased the debt then court is very unlikely.

 

Now you have a CCA which I deduce from your thread is genuine.Pay HFC the amount you offered,or the amount you can honestly afford.and do this ASAP.not by direct debit.

 

Should further down the road a court gets involved(unlikely) it is always very much to your credit that you have been making regular payments and goes very much in your favour with the courts..

 

Just tell Restons by letter that you are paying HFC direct .

 

Hope this OK FS

[wills7]

I sent an I&E to HFC after they had defaulted me as for 2 months before i had not made any payments due to them not complying with my CCA request as they wanted a signuture before they did. when i didn't provide a sig they defaulted me so i sent them a copy of my signature.

I received my CCA after the default was issued and then sent them the I&E to which they didn't respond and then 2 weeks later i get a letter from Restons demanding full payment or to call them as they said they could offer a reduced settlement.

I've sent them my I&E now and am waiting to hear from them if they accept it or not.

I'm just worried that they may take me to court.

Hope this make sense as i'm a bit stressed!

[firstship]

Wills Hi.if you wish wait until Restons agree to your offer of payment based on your I&E.

 

Question, what happens if they do not accept,remember they are in the business of extracting as much money as possible from you by what ever method they see fit.

 

FS

[wills7]

They have said they are acting for HFC, I don't think

They have bought the debt, so I presumed that any offer has to go through them rather than HFC? I am at a loss as what to do, the debt is just under £5000 I feel I've madeva reasonable offer the only reason I witheld payments was they wouldn't provide my CCA so felt I was in my rights and they defaulted me even though the account was in dispute!

[firstship]

Wills we are all very much aware of the guidelines when an account is in dispute,most DCAs and OCs ignore the guidelines and get away with it.

 

You will find witholding payments under the current legislation or the way it is being interpreted is no longer valid(this will probably produce some arguments).

 

I stick with my advice pay Restons or HFC a monthly amount based on your I&E as you have sent both companies these details,just do not wait for their acceptance just pay that amount which you can afford .

 

Restons are from what you say only acting for HFC so have very little teeth,so court threats by Restons not credible.

 

FS

[wills7]

Thanks for your advice it's most appreciated and i will continue to make payments wether it's accepted or not.

What i don't understand and although it looked fairly genuine, what does a cca for a loan have to have on it for it to make it enforcable?

I'm not trying to escape payment and as i put in my letter to them i'm keen to get this resolvede asap to avoid any further action.

 

 

Thanks

[firstship]

Wills Hi the copy of the agreement sent was it signed by you and signed by HFC?,does it show terms and conditions?if you post the agreement up on your thread (but remove all information that can identify you first) we can comment

 

FS

[wills7]

It is signed by me an them, it was all the apr, how many payments, due date payments, no where does it say about cancelling the agreement, late fee charges or anything like that,

I will try and scan

[firstship]

Wills from your description of the agreement,I think it is pretty much certain it will hold up in a court of law,the omissions relating to late fee charging and cancelling the agreement,will not give you enough grounds to dispute the agreement.

 

By all means let us see the agreement.

 

Just make the payments that you can afford.Are there any charges that have been made by HFC?

 

Regards FS

[wills7]

More than likely there will charges, I'm going to SAR them to find out

[wills7]

Quick question, when they sent me my cca they sent a photo copy of the front of the agreement which was signed, should they have sent me a copy of the T&C's as well?

[firstship]

Wills Hi yes they should have sent T&Cs,as you have figured it was very often on the reverse of the agreement.

 

When you ask for the, SAR ensure you ask for a copy of the agreeement, t&cs and any insurance agreement along with all other data they hold and all statements from the start of the account,the SAR template in the site library.

 

regards FS

[wills7]

Ah, so, they only sent the front of the original agreement, this did not have t&c's.

Does this mean they have failed to complie with my request but have now defaulted my and passed it on to restons to chase threatening legal action.

Is this wrong? Where does this leave me now, if anywhere and what action to take?