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Original Agreement not supplied...


LeeS80
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Hi All,

 

Sent CCA & DSAR to HFC late October. There were a couple of reasons I did this, one being that I'm mid twenties and want to get my financial situation sorted out and the other being I moved house few years back, then moved back home and in the process lost 99% of my paperwork including agreements etc. Not clever but these things happen.

 

I received a letter back from HFC and they say they are "unable to locate my legal agreement" - their words not mine. Now the one account I had was consolidated into one interest free account which I've been paying ever since. They defaulted me on the original account and then added another item to my credit file for the second one.

 

I'm not seeking to wipe this debt off, but was wondering if anyone here thinks I'm entitled to ask that they remove the default any reference to my original loan from my credit record, due to the fact they don't have an agreement?

 

Any input appreciated :D ,

Lee

HSBC - S.A.R - (Subject Access Request) 30/10/06

 

07/11/06 - Letter refunding cheque and informing statements will be along shortly.

08/11/06 - Statements from Jan-2001 to Jan-2004 rec'd. Requested more but am waiting.

09/11/06 - Sending of prelim request for refund! £913.50

27/11/06 - Letter from Royal Mail, original prelim lost in post!!

06/12/06 - Another prelim sent :(

19/12/06 - Reply from Mr Langdale saying complaint received and that I'll have a proper response by 5th January 07....

 

Capital One - S.A.R - (Subject Access Request) 31/10/06

 

Sent off prelim for £392.00 - All adds up I suppose! 06-12-06

Partial Offer received 19/12/06 - £152, offer accepted as part settlement only......

 

GE Capital Bank - S.A.R - (Subject Access Request) 31/10/06

 

Store card account. Charges approx £200, prelim being sent off in the new year!

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Hi Lee.

 

I think that this would be better in the Debt and Bailiffs forum.

 

I will get it moved for you.

  • Haha 1

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bump

If this has been useful to you, please click on the scales at bottom left of post. Thanks.

 

Advice & opinions of Rooster-UK are offered informally, without prejudice & without liability. Please use your own judgment.

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Follow link for more information.

 

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  • 3 weeks later...

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HSBC - S.A.R - (Subject Access Request) 30/10/06

 

07/11/06 - Letter refunding cheque and informing statements will be along shortly.

08/11/06 - Statements from Jan-2001 to Jan-2004 rec'd. Requested more but am waiting.

09/11/06 - Sending of prelim request for refund! £913.50

27/11/06 - Letter from Royal Mail, original prelim lost in post!!

06/12/06 - Another prelim sent :(

19/12/06 - Reply from Mr Langdale saying complaint received and that I'll have a proper response by 5th January 07....

 

Capital One - S.A.R - (Subject Access Request) 31/10/06

 

Sent off prelim for £392.00 - All adds up I suppose! 06-12-06

Partial Offer received 19/12/06 - £152, offer accepted as part settlement only......

 

GE Capital Bank - S.A.R - (Subject Access Request) 31/10/06

 

Store card account. Charges approx £200, prelim being sent off in the new year!

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Firstly they cannot enfore the debt until the paperwork is found. That doesn't mean to say the debt is no longer there though.

I would write to the CRA and request for this to be removed on the grounds above. They will investigate and inform you of their decision.

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Hi McBirnie,

 

I wrote to Equifax and they told me they won't remove any reference to the debt until HFC tell them to. I'm putting some letters together this week and will post them on here when ready to send. I've never disputed the debt with them, but they paid off one account, defaulted it then opened another which is perfectly clean. Cheeky sods.

 

HFC have written to me to say my complaint is being dealt with. If I haven't heard from them say 2nd week in January, I'll progress with it.

 

Cheers,

Lee

HSBC - S.A.R - (Subject Access Request) 30/10/06

 

07/11/06 - Letter refunding cheque and informing statements will be along shortly.

08/11/06 - Statements from Jan-2001 to Jan-2004 rec'd. Requested more but am waiting.

09/11/06 - Sending of prelim request for refund! £913.50

27/11/06 - Letter from Royal Mail, original prelim lost in post!!

06/12/06 - Another prelim sent :(

19/12/06 - Reply from Mr Langdale saying complaint received and that I'll have a proper response by 5th January 07....

 

Capital One - S.A.R - (Subject Access Request) 31/10/06

 

Sent off prelim for £392.00 - All adds up I suppose! 06-12-06

Partial Offer received 19/12/06 - £152, offer accepted as part settlement only......

 

GE Capital Bank - S.A.R - (Subject Access Request) 31/10/06

 

Store card account. Charges approx £200, prelim being sent off in the new year!

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By the sound of it, you appear to be saying that notwithstanding them lbeing

unable to locate your original agreement, you are prepared to carry on

paying off the debt.

If that is the case, would you not be better writing to them stating that

fact, and in return for your continuing integrity, you would expect them

to remove the default.

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Hi,

 

I was happy to keep paying the amount per month, but was asking for copies because I don't have any original paperwork (house move when I was 19, not the cleverest idea!)

 

I only wanted the default removing on the grounds that they couldn't locate the original agreement and the balance is satisfied. Now they think they can locate the original (have asked for 7 - 10 days to get it out to me) but the second account (interest free) was done over the phone and there is no agreement or recorded telephone conversation.

HSBC - S.A.R - (Subject Access Request) 30/10/06

 

07/11/06 - Letter refunding cheque and informing statements will be along shortly.

08/11/06 - Statements from Jan-2001 to Jan-2004 rec'd. Requested more but am waiting.

09/11/06 - Sending of prelim request for refund! £913.50

27/11/06 - Letter from Royal Mail, original prelim lost in post!!

06/12/06 - Another prelim sent :(

19/12/06 - Reply from Mr Langdale saying complaint received and that I'll have a proper response by 5th January 07....

 

Capital One - S.A.R - (Subject Access Request) 31/10/06

 

Sent off prelim for £392.00 - All adds up I suppose! 06-12-06

Partial Offer received 19/12/06 - £152, offer accepted as part settlement only......

 

GE Capital Bank - S.A.R - (Subject Access Request) 31/10/06

 

Store card account. Charges approx £200, prelim being sent off in the new year!

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Share on other sites

Your last post clarifies the situation but complicates the solution.

Until the interest free loan is either paid off, or assigned to a DCA, it will

not be easy to get the default removed.

In the light of so many contracts being lost or not being properly executed,

it might be more adviasble for us all to avoid telephone loans despite the

attraction of a quick and pain free arrangement.

 

At the same time, there can be no harm in asking. For the cost of a stamp

and an envelope what can you lose. Wtite asking what do you need to

do to have the default removed now, bearing in mind that it is Christmas,

you are paying off, and will continue to pay off, the current loan and as

you are now that much older, you have learned your lesson. And of course

you fully accept that in the very unlikely possibility of missing payments

on your current loan, you accept that a default may be reapplied. If you

feel there is anything extra you can throw in the pot to get them to agree,

then throw it in.

You could suggest that by removing the default, you feel there would be no need for them to continue to locate your agreement as you would not be

interested in pursuing them in any way then. You do appreciate that

it is time consuming trying to locate missing docs and you are happy

to relieve them of that task if they could help you.

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