Old debt, new recovery letters - HFC credit card 2007

[penguin7]

I had a HFC credit card and agreed to pay so much a month back to them until 2007 when I got married.

Also I had claimed my unfair payments from the Halifax which basically closed my account so I stopped paying HFC.

 

I have also moved back into the house I grew up in.

 

In March 2010 I got a letter from Capquest in my maiden name requesting I phoned them which I did

but said I would not pay them anything until they could prove I still owed HFC money.

 

They then sent me another letter stating that they were still endeavouring to obtain the required information from HFC,

ending the letter with 'We are discussing your case with HFC bank LTD personally and we hope to resolve this matter soon.'

 

Then in July 2010 I received a letter from Mackenzie hall who I again phoned and said the same if they could prove it I would pay it.

 

On the 13th Jan 2012 I received another letter from Lowell saying that they were sold my account in December 2011,

this was accompanied with a letter from HFC saying that I should pay Lowell as they are the legal owners of the debt.

 

On the 23rd Jan 2012 I received yet another letter from Lowell basically asking for the payment as I had not answered the first letter.

 

Advice on what I should do would be a great help!

My last payment to HFC would of been Sept/Oct 2007 so I am not in the 6 year thing!

 

Although could I plead ignorance and say that it is not me as my name has been changed?

Any help would be great!

Thanks

[citizenB]

If the last payment made was in 2007, then you wont be statute barred until.. sometime in 2013 - 6 years from the last payment or acknowledgment of liability.

 

Are there any default charges on this account, or payment protection insurance, perhaps, that could be reclaimed in order to reduce any balance owed ?

 

Have you checked your credit reference files to see if this is still being reported on?

[dx100uk]

your issues are compounded by the fact you have been ringing these people

NEVER EVER phone a DCA or their fake/tame solicitor

they have no legal powers to do or demand ANYTHING from you.

THey are NOT bailiffs or ANY kind of legally backed company

 

now

have you checked your CRA file?

does this debt show?

 

also knowing HFC, the card would have had compulsory PPI and many penalty charges too

so even if its still on your cra file, there is prob more they owe you

than you owe them.

 

dx

[penguin7]

I think it shows as an unpaid debt on Experion I can't check now as I only had it for an month trial. I can't find anything from the original debt so don't know re the ppi like you say I probably did have it but how can I prove it without the original paperwork?

Also after reading this forum I realise that I shouldn't of phoned them but thats too late now as its been and gone!

What is the likely hood of me being able to hold out until Sept/Oct 2013?

[dx100uk]

what credit card was it?

 

pers i'd SAR HFC

they have returned data into the early 1990's before.

 

dx

[debbbbsy]

lets be perfectly honest, had this debt been enforceable the first DCA would have carried it through. Capqueast would not have sold it on if they thought they could get judgment.

[penguin7]

dx100uk I can't remember what credit card it was other than a HFC bank one! And what is SAR? sorry not familiar with that!

[dx100uk]

click on the black sar

 

dx

[PriorityOne]

Send a CCA request to whoever is currently chasing you for payment..... anything else is just piddling around. Enclose a postal order for the £1 fee, do not sign; just initial it.... and send by rec. delivery. Keep the receipt. Let us know what they send back (if anything).

 

[penguin7]

Ok Thanks for all your help I will do that tomorrow.

[penguin7]

Do I put the name they have me as which is my maiden name or do I put my married name on this! I am guessing when you say do not sign just initial you mean with a pen rather than printed from a computer.

[PriorityOne]

Do I put the name they have me as which is my maiden name or do I put my married name on this! I am guessing when you say do not sign just initial you mean with a pen rather than printed from a computer.

 

Call yourself by the name they have on their records..... and best to initial with a pen, yes.

 

Edited January 27, 2012 by PriorityOne

[penguin7]

Thanks for your help!

[penguin7]

28th January 2012 I sent my letter as advised above

 

on the 8th February 2012 which is just under 2 weeks from my letter

i got a letter from Lowell saying that they have requested a copy of my credit agreement from HFC.

 

They say also that they will send me the information I asked for within 12 working days but it depended on when my original lender can send it.

 

Then on the 17th February 2012 I got another letter from Lowell saying that HFC have let them know that they are trying to retrieve the agreement from their archive

and as soon as they have it they will send it to me.

 

Do I just sit and wait now? Or do I send another letter? Please help!

 

Thanks in advance!

[citizenB]

I would just wait now, they have advised they are attempting to locate the document. In theory they should hold off any collection activity until it is produced. If they dont.. then let us know and we can take it from there.

[dx100uk]

did you sar HFC?

 

dx

[debbbbsy]

ACCOUNT IN DISPUTE

 

Date:

 

Ref:

 

Dear Sir/Madam

 

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

 

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/78. This was signed for as delivered on the **DATE**

You have failed to comply with my request, and as such the account entered default on **DATE** (12+2 working days after you made the initial request).

 

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore, you are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before you/your client enters into a default situation.

 

This limit has expired.

 

As you are no doubt aware section 78(6) states:

 

If the creditor fails to comply with Subsection (1)

 

(a) He is not entitled , while the default continues, to enforce the agreement.

 

Therefore this account has become currently unenforceable at law.

 

As you have failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested. You will also be aware of the CPUTR 2008 and the OFT's guidelines on debt collection which state under the title Deceptive and/or unfair methods - Examples of unfair practices are as follows - 2.8

 

(i) - 'Failing to investigate and/or provide details as appropriate, when a debt is queried or disputed, possibly resulting in debtors being wrongly pursued'

 

(k) - 'Not ceasing collection activity whilst investigating a reasonable queried or disputed debt'

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 21 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

 

I look forward to hearing from you. This should be in writing, I have no wish to correspond by telephone.

 

Yours faithfully

 

This is the letter you can send, and should prevent any further action until they comply.

 

Debbie

[penguin7]

Ok thank you