Capquest and HFC - HFC asking for CCA FEE again

[chrisdring]

Hi there,

I am new to the site and wanted some help.

 

last november i recieved a letter from capquest, after reading some info on here and other sites - I sent them a CCA request and the fee with a postal order and never signed any of the letters,

 

 

in december i had 3 letters from them, they wrote to say that they were no longer dealing with the account and sent back the postal order and said any information should be reffered back to HFC.

 

april this year i started to get the same letters from HFC saying they had tried to contact me several times without sucess, and that they wanted this matter sorted out.

 

i ignored all the letters until i got the last one, saying that they were issuing me with defult notice and i had to reply within a certain timescale.

 

I broke and replied with the copy of the letter i had sent to capquest and the fact that they had returned my fee and said tnat they could not process anything without a signature,

HFC replied and asked me to reply again with the £1 fee and a proof of idenity? surely this is way to late as the account went into dispute back in december and they capquest said they needed a signature to process.

they even said that HFC had said they needed a signature to process the information.

 

So why are HFC still persuing this?

 

as another note,

 

they have added the information to my credit file, before contacting me as it wasn't on my file in Decemeber,

but weirdly appearred a week before the HFC letter came.

 

Plus they said they might not hold information on the account if it is over 6 years old,

and i think it was taken out in 2004,

althouigh i cant rememeber when i stopped paying on it,

as i requested the remaining amount years ago when i could pay it back

and they never came back to me,

 

i forgot about it- till now

 

lol am sure also that the amount is not right,

could they have added more onto to amount really owed????

 

i know lots of info,

but need to know if i should send another CCA request to HFC

when capquest said they needed my signature?

 

any advice would be really helpful. xx

[ims21]

Hi there

 

I would send a SAR to HFC. Will cost you £10 but may be worth it. That way you will get all information they hold on you.

 

I bet there's loads of charges on the account which can be claimed back. Also, were you paying ppi on the account?

 

Be aware though that HFC shredded loads of stuff in the past to try and wriggle out of their ppi mis-selling obligations. They have been fined £1.8 million.

 

dx100uk will comment on this thread....his life's ambition is to get HFC eh dx?

 

ims

[dx100uk]

who me.....

 

who told you that...dx

[chrisdring]

thanks for the quick repsonse, wanted to know why HFC are asking for the CCA fee again, when capquest already said that they couldn't process my request back in December. it was as though they were trying to find me and then passed the account back to HFC, although they said in their letter that HFC required a signature, so they must have sent my request to HFC in december???i dont get it??? do i need to sent them the CCA fee again or just a SAR, i will only be sending them a postal order anywyay, i know they can scan your signature??tks

[ims21]

Hi there

 

Forget Crapquest.

 

Send the SAR to HFC.

 

Forget the CCA. For your SAR fee send them the £1 postal order you already have plus another one for £9

 

ims

[chrisdring]

thanks i will, has anyone ever got back info from requesting a SAR? and like you say if they have sreadded lots of stuff what can they produce to make me pay back to them? is anything inforcable without a CCA???

[dx100uk]

something is not right here with the story.........

 

 

either its within 6yrs and they do hold the paperwork or its outside 6yrs?

 

if its live on your CRA file, then they still have it [or should!]

 

tell us a wee bit more about dates and sums quoted

 

as it might not be worth while pulling their string at all.

 

if they have no CCA then they prob wont go near court

if they do have the CCA then charges reclaiming /ppi might be an option.

 

figures please...

 

dx

[ims21]

Hi

 

I am waiting for my HFC SAR as we speak.

 

Forget the CCA request.....SAR covers everything.

 

Again...Forget the CCA.

 

Get the SAR off and see what comes back.

 

You will still be able to claim a load of stuff back.....don't panic Mr Mainwaring

 

ims

[ims21]

Hi dx

 

posts 7 & 8 crossed

 

ims

[chrisdring]

hi there, the loan amount they say is still owing is only £380!, surley it would cost them more to go to court?

[ims21]

I seriously doubt HFC out of all of them would want to go to court.

 

What is your end goal?

 

What do you want to achieve?

 

ims

[chrisdring]

i want to know if they can inforce anythig and that if they can't then they should go away and stop sending me letters, also since theyhave asked me for another payment and proof of identity should i do that? as thats all they have asked for ? and also why didnt they say they had the cca in the first place.? or in fact are they lying>? doesnt make sense. and is there a timescale to me replying? is doesnt' say on their letter.

[ims21]

Hi

 

Ok...I would not be going down the road of unenforceable. You agree that you had this account and that there is a small liability on it.

 

If it were me, and knowing there are going to be charges on the account which you can reclaim, I would be looking at going down that route so you can have these set against any balance and maybe even clear it. That would solve the issue.

 

Personally I doubt HFC will have the original agreement but a reconstructed one would be good enough.

 

I would also only deal with HFC and no dca.

 

ims

[chrisdring]

hi, i see from your other thread you haven't got your SAR back? when is their time up for you>?when you say a reconstructed one is good enough? does that mean they can send me anything?? and not the original one as the CCA request asks for? seems pointless to ask for a CCA if this means nothing? confused

[ims21]

Hi

 

My SAR is due back in the next week or so.

 

There are more cases now where Judges view a properly reconstructed agreement as being valid. Have a look around the forums on un-en and enforceable agreements.

 

A CCA request is sent to a dca toget them to show they have right to collect the debt.

 

A SAR is sent to the original creditor to get ALL information held on you.

 

As Capquest have returned your CCA request with the fee and have passed the matter back to HFC, Capquest are now out of the equation.

 

Just deal with HFC

 

ims

[dx100uk]

hi, i see from your other thread you haven't got your SAR back? when is their time up for you>?when you say a reconstructed one is good enough? does that mean they can send me anything?? and not the original one as the CCA request asks for? seems pointless to ask for a CCA if this means nothing? confused

 

what other thread?

 

dx

[dx100uk]

Hi

 

My SAR is due back in the next week or so.

 

There are more cases now where Judges view a properly reconstructed agreement as being valid. Have a look around the forums on un-en and enforceable agreements.

 

A CCA request is sent to a dca toget them to show they have right to collect the debt.

 

A SAR is sent to the original creditor to get ALL information held on you.

 

As Capquest have returned your CCA request with the fee and have passed the matter back to HFC, Capquest are now out of the equation.

 

Just deal with HFC

 

ims

 

i would sar hfc and inc a copy of a utils bill but with sig blanked out.

 

dx

[chrisdring]

hi, im21 is on 'me to challenge HFC Bank' you are both on this one, which as you are in the situtaion yourself means you are my experts lol

[ims21]

hi, im21 is on 'me to challenge HFC Bank' you are both on this one, which as you are in the situtaion yourself means you are my experts lol

 

I have to say, dx has been my mentor. Anwers are brief but it was dx's posts that got me to doing a lot (and I mean a lot) of reading and research. I am by no means an expert but give answers on the basis of my own experience and a lot of reading.

 

ims

[chrisdring]

another thing i dont know is how they found me, i have moved about 6 times since this loan was taken out and i never gave them my new address, my partner owns the house, so i;m not on any register and all the bills are in his name too? where can i get the standard SAR letter from and how many days etc do they have to respond.? tks again y

[ims21]

Hi

 

SAR template is here

 

http://www.consumeractiongroup.co.uk/forum/content.php?552-Data-Protection

 

They have 40 days to comply.

 

Make sure you enclose a £10 postal order for the fee.

 

ims