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I have a letter from HFC bank who are looking for me to apy an outstanding balance of approx £100. All of this balance is made up of charges for late payment notices accrued over the past 3 years.

 

I have started the process of claiming the charges back, and they have acknowledged receipt of my DPA request.

 

However, I today received a letter advising I had 10 days to bring the account up to date ot they would file a Default notice, and will add th4e cost of this notice (£50) to the balance.

 

If they do this, is this a recoverable charge?

GE Money S.A.R - (Subject Access Request) issued 21/11/06. Responded 01/12/06. Prelim sent 05/12/06 £406. Response 12/12/06- **SETTLED IN FULL** (£396)

HSBC S.A.R - (Subject Access Request) issued 05/12/06. NO charges in last 6 years.

Lowell CCA issued 21/11/06. Further reminder sent 8/12/06. Now commited criminal offence no response.

Capital One S.A.R - (Subject Access Request) sent 08/12/06 Responded 03/01/07-Prelim Sent 16/01/07. LBA issued 06/02/07- N1 served 07/03/07- acknowledged 14/03/07.

Scotcall CCA issued 16/01/07. Criminal offence committed.

HFC Prelim sent 16/01/07. LBA sent- Final Correspondance issued with time limit of 29/03/07.

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Hi,

 

I would think that they would need to justify how sending a letter of default costs £50 - not too sure?? My personal view would be to pay the balance that they are asking, and then continue with your claim as normal. It'll cost them more in the long run, it's harder to get rid of the default from your credit file once it's there.

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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Another way is to hit them between the eyes.

Point out that the £100 is made up of unlawful charges that you are in the

process of recovering. Point out that this is a retaliatory and intimidatory

response to your S.A.R - (Subject Access Request), to harass you into discontinuing your attempt to recover

money that is lawfully yours, not to mention that it is an act of sheer spite

and you have passed the letter on to the Information Commissioners Office. [Don't forget to do that and

complain about HFCs 'actions]. Should they attempt to apply a default when

they now know the account is in dispute, you will take them to Court to have

a]the default removed b] the £100 refunded c] claim damages.

 

PS Don't forget to send the letter by recorded delivery, and keep a copy of it. Also send a copy of of their letter to the ICO, and any reply that

HFC send you.

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