HFC runaround

[firstship]

Wills.They have not complied in full with your CCA request.You could suggest to Restons that the account was and still is in Dispute and it is against the guidelines to pass an account to a 3rd party whilst in dispute..Restons will argue the CCA request has been complied with

 

Look a little further down the road.there is an agreement which it appears is a copy of the original what is missing are the T&Cs which HFC or Restons will supply with ease.You will then have your CCA complied with in full.As I said earlier the agreement will hold up in a court of law along with proof of payments made by HFC and payments made by yourself to HFC,on this basis under current legislation you would more than likely loose the case.Sorry.

 

Go down the SAR route, they have 40 days to comply, on receipt of statements look for all the charges that have been made,see what they come to, we will help you and indicate how to recover the charges this will go towards reducing your debt,in the meantime pay them the amount you offered each month,regardless whether they accept the amount or not.

 

This is the best way forward IMHO.

 

FS

[wills7]

Thanks, I've made arrangments to pay monthly instalments on the account, what I would like to do is prove that they have not fully complied with my request as they defaulted me when despite not sending me the documents in the given time and passing it on to a third party. I may be wring but I didn't think they were allowed to default me when I had made the request and they hadnt complied?

[firstship]

Wills your assumption is correct they should not default you whilst the account is in dispute,most OCs and DCAs seem to ignore this and get away with it.

 

Compared to 2+ years ago the CCA request has lost much of its teeth,because of cases bought by individuals, challenging OCs and loosing in the High Courts thus new precedents being set,for example OCs/DCAs can produce a reconstituted copy of the original agreement without signatures and copes of the T&Cs and that constitutes compliance.Its a Pain but that is how it is.

 

good luck FS