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HFC Bank Nightmare - Return of the maisonories


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I see read and hear a lot about unethical behaviour by large Banks. I hear ploticians talking about consumer protection, credit laws, credit licensing.

In reality all this means nothing. If you are lucky and your claim is a couple of thousand pounds most banks may give you it because they can not be asked to defend it. But if a bank especially HFC Bank decide to take a disslike to you they seem to have full ammunity from the Law. Short of causing you GBH they can do what they like. Take for example my story given below.

 

"Please find attached a copy of the letter I have sent to Aldershot and Farnham magistrates court.

You are advised that I am sending full details of this case to various news agencies and financial magazines to highlight the unethical and unequal treatment HFC Bank give to minority group of customers.

I will vigorously defend the second charge Restons Solicitors have placed on my family home.

You now have the following options:

  • Do Nothing. I will defend this case in court on 20 February 2007 and ask the judge to allow me to pay the affordable amount of £10 a month. There is no reason why this will not be accepted by the court. In the mean time I will:
    • Make a claim against HFC Bank and Marbles in a small claims court for unfair charges.
    • Make a separate claim against HFC Bank and Marbles for personal injury and hurt to feeling.

  • Accept my offer of £2500 as full and final settlement. This will take into account the excessive charges you have livid on my account. However I will still:
    • Make a claim against HFC Bank and Marbles for personal injury and hurt to feeling.

    [*]Settle the full amount of the debt and give me £2500 or a reasonable amount for the inconvenience, hurt to feeling and general harassment you and your agents Restons Solicitors have caused me.

I have been ‘hood winked’ by Restons Solicitors once already in believing HFC Bank were droping the court case against me when I agreed to drop my counter claim against them. However I will not be fooled a second time.

I am deeply saddened that HFC Bank has reached such a desperate level of financial difficulty that they need to default on agreements to chase a debt of £2000. It is clear from these actions that the Bank has become untrustworthy.

I make it clear that I only dropped my counter claim because Restons solicitors told me in writing that HFC bank would ‘dispose’ of this matter if I droped my counter claim against HFC Bank.

It would appear that while I agreed in writing to Restons solicitors to drop my counter claim, in the background HFC Bank and Restons solicitors continued with the case and the first I knew about it was when the Land Registry wrote to me advising me Restons had placed a second charge on my property.

To summarise the actions to date:

  • Marbles Credit Cards start the process of recovering the full balance on my credit card despite the fact that in three years of owning the card I had not missed a single payment and at the time the process was started I had not missed a single payment. For no reason the case is passed to HFC Bank.
  • Within weeks and without making any attempt to communicate with me HFC Bank pass my debt on to Restons Solicitors.
  • The first time I am aware of this is when a subsidiary of Reston Solicitors ‘door step collections’. Write to me threatening to come round and reposes goods from my home.
  • I call HFC Bank to find out why they have done this. I am advised that some one at HFC Bank had decided that I could not pay back the money owed. There is no evidence of this. While I had advised Marbles that I may miss a months payment this did not mean I would never be able to pay back. At this point full payments are still being made to Marbles.
  • HFC Bank informs me no further action would take place. Despite this Restons Solicitors send me a demand for payment purposely made to look like a court order.
  • I get help from CAB. HFC Bank and Restons solicitors refuse to deal with CAB on my behalf.
  • I make HFC Bank offers of payment through Restons Solicitors. My family make offers of payment and even CAB try but they are all turned down.
  • Restons Solicitors tell me they will force me to sell my house and are not interested in any settlement.
  • I complain to HFC Bank. The Bank makes no attempt to consider my complaint seriously.
  • Even while HFC Bank are dealing with my complaint Restons solicitors demand a lump sum payment of the full amount or once again threaten to send doorstep callers to my home.
  • I raise a complaint with the FSA. Even while this is being investigated Restons apply to county court for a second charge on my family home.
  • My family and friends try again to reach a reasonable resolution with Restons Solicitors, again all their offers of payment are turned down.
  • I am forced to make a counter claim against HFC Bank to protect my home.
  • The court advice me of a ‘planimary hearing’ in November 2005.
  • Before the hearing Restons write to me using technical legal jargon they know I will not understand. I believe it to mean that if I drop my counter claim against HFC Bank they will settle the case (‘dispose’ of the case)
  • I agree , sign the form and send it back to Restons. As far as I am concerned the matter is over.
  • Unknown to me Restons don’t withdraw their claim and attend the planimary hearing.
  • The hearing is about deciding weather I have a counter claim or not but some how ends up giving a judgement against me in my absence.
  • The court orders Restons to serve the judgement on me. Restons fail to serve it.
  • Restons also fail to mention to me the next court date of 09 January 2007.
  • Again a judgement is made against me. Again the court orders Restons solicitors to serve the order on me and allow me 20 Days to make full payment. Again Restons fail to serve the order on me.
  • Around 02 February I receive a Notice from Land Registry stating Restons have placed a second charge on my property.
  • The next day ( 03 February 2007) I receive the court judgement made on 09 January 2007 from Reston Solicitors through normal unsecured mail.
  • It becomes clear that Restons only served the order after they applied for the second charge on my property knowing that Land Registry would write to me informing me of the charge.
  • This is the first time I realise that despite the agreement to ‘dispose ‘of the matter Restons Solicitors and HFC Bank failed to honour their part of the agreement. It is only at this stage I get informed there is a second hearing on 20 February 2007 to decide about the charging order Reestons have already applied.

While all this is going on Marbles continue to add charges to my account taking a £2000 debt up to £5000.

HFC Bank and Reston’s solicitors have:

HFC Bank and Restons have refused to make available to me data under a subject data access request in compliance with the data protection act.

HFC Bank and Restons have refused to make available to me data under a subject data access request in compliance with the consumer credit act.

HFC Bank and Restons have been unable to present me with an original signed copy of the credit agreement.

HFC Bank and Restons have refused to stop processing my personal data in compliance with the data protection act.

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