#Barclays : HFO CCA default

[bigcarpman]

Hi Folks,

I have a Barclaycard debt which has been sold to HFO.

I sent HFO a CCA about a year ago - they did not reply and in fact deducted the £1.00 payment I sent off my debt!!!

Recently they called again (loads of times!) so I sent another CCA.

16 days have elapsed so they are in default.

Should I now send them a default letter?

Does anyone have any suggestions what to write?

Thanks for your help.

[slick132]

Hi BCM,

 

You should have addressed their improper allocation of the £1 fee immediately.

 

If the fee is taken as a payment, this re-sets the Limitation Act clock and could have significant effects on the debt being statute-barred.

 

When did you last pay towards the BC a/c or acknowledge the debt in writing to BC or to HFO.

 

Our CCA template letter says :-

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

You should write to HFO saying :-

 

I note you have allocated the CCA Request fee of £1 as a payment towards the account which you had no right to do.

 

You must remove the £1 fee showing as paid to the account immediately and, if this is not done within 7 days, a formal complaint will be made to the FOS without further warning.

 

You are also in default of the original CCA Request of xxdate and cannot, therefore, make any demands for the alleged debt.

 

Please respond to my CCA Request of xxdate immediately.

 

8-)

[slick132]

Thread moved into BC forum.

 

[bigcarpman]

Thanks for your advice. I didn't act on this when it happened because I didn't know - I sent the first CCA back in 2008 and heard nothing further until recently when they called me. During the conversation they told me that my last payment was for £1.00. It was then that I realised they had used my CCA fee as an account payment! I did use your letter template which included the sentence "I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose. " so they must have known full well that they shouldn't use if for an account payment. I've sent the letter as you suggested.

[slick132]

Excellent, and let us know how they respond.

 

8-)

[bigcarpman]

They phoned today and left a message saying they need to discuss my recent letter. I will ignore the message!

[bigcarpman]

No reply from them. What should I do now?

Many thanks for your advice.

[slick132]

Hi BCM,

 

Before we move on, I can't see that you replied to my Q in post #2 above - apart from the wrongly allocated £1, when did you last pay towards this a/c.

 

8-)

[bigcarpman]

Hi, thanks for the help.

Sorry I didn't reply to your question earlier.

My last payment was mid 2007.

Thanks again.

[slick132]

Hi BCM,

 

Dear sir or madam,

 

I note that you have failed to respond to my letter of xxth April and enclose a copy for your immediate attention.

 

If you fail to reply within a further 7 days, I will report the matter to the FOS.

 

In the meantime, this account is in dispute.

 

Yours faithfully

 

8)

[bigcarpman]

Many thanks.

[bigcarpman]

Today I receiced a letter from HFO. They have not mentioned the £1.00 payment. In reply to my CCA they have provided me with this.....not what I asked for!!

http://i1030.photobucket.com/albums/y367/Julian123123123/latest.jpg

Edited May 6, 2011 by bigcarpman
mistake

[slick132]

Hi BCM,

 

If this isn't what you asked for, what were you expecting. This is at least a personal document and not the normal general T&C's that most folk are sent.

 

Can you see on there any of the Prescribed Terms - See the Guide to checking credit agreements in my signature.

 

As they've said nothing about the CCA Fee :-

 

Dear sir or madam,

 

Your ref: xxxxxxxx

 

I refer to your letter of xxdate.

 

You have failed to address the issue of the £1 fee that I paid for my CCA request, being wrongly treated as a payment toward the alleged debt.

 

Can you now confirm in writing that the £1 fee had now been re-allocated so it no longer shows as a payment on the account.

 

Please reply within 7 days or my complaint to the FOS will be made without further warning.

 

Yours faithfully,

[bigcarpman]

Hi,

Thanks for the advice.

My CCA request asked for a 'true copy of the credit agreement'.

The above document seems to be just a simple application form so I assume they are in default.

I will do as you say and send the letter as you have suggested but I wonder if I should once again give them 7 days before I complain to the fos?

I have already given the 7 days in my last 2 letters, so would it not be better to simply go ahead and make the comlaint?

Thanks again.

Just in case you cant use the link to view the document above I'll post it directly here...

Edited May 7, 2011 by bigcarpman
addition

[slick132]

Hi BCM,

 

Read the guide at Link No4 in my signature about how a bank may respond to a CCA request.

 

What you ask for and what you get in return are two different matters. Most folk get NO personal documents. They just get a set of T&C's for the a/c.

 

If you don't want to give a final 7 days, that's fine and you can complain to the FOS now about the mis-allocation of the CCA request fee.

 

8-)

 

8-)

[bigcarpman]

Thanks very much - yes, that does seem to say they have to provide a copy of the agreement which the above document is not.

Also they have not provided any T&C's.

[slick132]

I think you're misreading the OFT Guide which says the bank does not have to provide a copy of the agreement. They can comply with the CCA request by simply supplying their T&C's.

 

Have you checked the application form to see if it contains the Prescribed Terms.

 

8-)

[bigcarpman]

Sorry for the delay inmy response..

I am a little confused, the wording to me seems to say that they have to supply a copy of the agreement.

Also I have previosuly made another thread on this forum about another debt. On that thread I posted a picture of a near identical document to the one above and everyone here told me they were in default of the CCA.

[slick132]

Hi BCM,

 

I note that Link No4 in my sig're is not actually linking but you can copy the OFT web address and use that to access the OFT guide.

 

Section 2.18 confirms that the bank is not obliged to send a signed copy of the agreement.

 

You refer to advice on another thread - when was this advice given. Things have changed dramatically over the last year or so.

 

[bigcarpman]

Hi and thanks again for your reply.

Yes I agree that section 2.18 indicates they do not need to send a signed acopy but they still do have to send a copy of the agreement (signed or not).

The document I've posted above is just an application form - not a credit agreement and in any case it is totaly illegible (its very blurred).

The othe thread I mentioned was a about a year ago.

Thanks again.

[slick132]

Hi BCM,

 

Can you confirm if the Application you showed in post #14 was signed by you.

 

If so, I think they have complied with your s.78 request.

 

That does not mean they have supplied a document which is enforceable in court action although, with your signature on the Application, a court may now decide in favour of the bank.

 

It is up to you to defend any such action, possibly by proving that the Application is not enforceable, perhaps because it lacks the Prescribed Terms.

 

Have you complained to the FOS about the misallocated £1 CCA fee - any response yet.