HFO.......Why are they so horrid.

[FORMISTER]

That's too small to read. Could you convert it to a pdf and upload it using the go advance button (next to quick reply). They have broken a number of collection rules in their letters, but we will deal with them later.

[FORMISTER]

When you received the results from the CCA request did you post the agreement up on the forum for the CAGGERS to look at? And did you ever send a SAR request to the OC?

[FORMISTER]

Your name is still on the top and you may want to remove the amount as this would identify you as well, up to you.

[FORMISTER]

Damn my laptop is slow today. Did you ever receive an origional NOA? If not request it from HFO, say you never received it. It will be interesting to see what the date it is

[FORMISTER]

Your in the hands of the HFO fan club now. We know how they operate and all of their tricks and between us we have seen them off on countless occassions.

[FORMISTER]

Subbing

Edited February 12, 2011 by FORMISTER

[FORMISTER]

I can still read all the details under the marker!

 

They can't take you to court and win on the strength of just that. This fails to be an enforcable agreement, no credit limit, no APR, no T&C's. They should not be able to gain judgement against you.

[FORMISTER]

And as for sucessfully gaining a charging order on your house as they state, no chance

[FORMISTER]

Or you could send a letter along the lines of

 

Address

 

Date

 

Dear sir/madam

 

On the Date of /2/07 a request under the Consumer Credit Act section 78 was sent to Morgan Stanley .

In response they sent and confirmed a true copy of the original agreement executed by themselveselves on the XXXXX.

 

As you must realise this agreement does not conform to sections 60(1) and 61(1) of the Consumer Credit Act 1974 and would therefore only be enforceable by a court under s65. However, the absence of any prescribed terms, APR or credit limit means that a court would be prevented from enforcing it under s127(3).

 

I am granting to you a further 21 days to produce a copy of an executable agreement. After that I will consider that the above account is closed and that you will no longer pursue the alleged debt.

 

After this period you should close the file and cease processing personal data relating to me on this matter.

 

Yours faithfully

[FORMISTER]

Edited

[FORMISTER]

Yes, put the missing details up, they may be important

[FORMISTER]

I don't feel strongly about it either way. If the agreements unenforcable, it's unenforacable. If a DCA thinks they can enforce it , they will take you to court whether you have sent an account in dispute letter or not. They will state they have fullfilled their requirements. Then it's up to the Judge to decide.

 

As you have already sent a CCA to the OC and received the results, a CCA to HFO will only act as a delaying tactic. Although you will receive a current statement of account.

 

It's entirely up to you

[FORMISTER]

I think then Tracy, for the purpose of clarity you should submit a new CCA request to HFO. As it will only cost you £1 plus postage, there is no harm in doing so.

 

I think CD, P1 and Myself are in agreement that what was provided under your last CCA request would be very difficult to enforce in court and HFO are unlikely to try.

 

However, I would like to point out that not paying, even if the agreement is unenforcable, does not mean that they cannot continue to update your credit report. So bear this in mind.

 

Saying that, if you had sent a CCA in 2007, you must of defaulted sometime before, so the default can't be far off of dropping off your credit report anyway

[FORMISTER]

You might very well think that; I couldn't possibly comment.

 

DB, everyone knows your a renound supporter of HFO and can often be found sipping snapps at the xmas party's

[FORMISTER]

I have had about 6 of these over the past 2/3 years, take them with a pinch of salt. They are just trying to panic you into paying more

[FORMISTER]

I can't remember Tracy if you have sent a SAR request already?

 

Agreeing with BA here, there is more than one way to skin a rabbit, knowing HFO as we do, paperwork and ownership is always questionable. The alledged agreement (going by BA's comments about it), is like he said, it can be a bit of a judge lottery (which it shouldn't be).

[FORMISTER]

I can't see that it would harm any http://www.consumeractiongroup.co.uk/forum/content.php?415-POSSIBLE-Letter-when-a-questionable-agreement-application-is-sent.

[FORMISTER]

Thats a good point P1, too many of us often forget to make good use of CPUTR

[FORMISTER]

HFO seem to be getting more desperate recently. It's not the only phone call like this I have read about, plus the new tactic with the questionaire in response to a CCA. Perhaps the walls are closing in on them.

 

Well done for the way you dealt with the phone call