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Guadge
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Hi,

 

I successfully claimed against five banks a year ago now, thanks to this brilliant site. I've had a credit agreement with HFC for almost two years, in which they provided the money for a PC I bought from PC World. I have always kept up the monthly payments, but due to a clerical error whilst changing bank accounts, my last two payments were late. They charged me £15.00 for each late payment.

 

I duly wrote the preliminary request for the charges to be paid back, and have just received a letter from them saying that the 'OFT's investigation does not cover my agreement as it is not a credit card agreement. Therefore the default charges are fair and reasonable'.

 

Is this right? From reading through the site, I believe that they still can't charge me, but as it is slightly different to my previous bank account charges, thought I should check before I go full steam ahead.

Can anyone advise?

Many Thanks.

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Guadge

 

I have the same situation with HFC, also involvong PC World.

 

I have been posting under the thread entiled 'ArE HFC Desparate' and suggest that you look at this thread and in particular to posts 31 and 34 .

 

Hope this helps.

PPMAN159

 

If this comment has helped please click on the scales.

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Excellent, thanks. I was reading that thread, but hadn't got that far! So are you going exactly the same route as with the bank charges? I don't really get the CCA request bit, but am still searching. I know how much the charges were because it was only two, of £15 each. I don't think I still have my original loan agreement. Thanks again.

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Yes.

 

I intend to write to them and request that they give me either details of what they have charged to the loan account or copy statements so that I can then send an LBA(Letter before action).

 

If needs be then it will end up at the Small Claims Court as are my claims against Nat West and Nationwide.

 

Again stick with it, do not be put off by what they may write back and tell you and should you need any help check the other threads-the answer is sure to on here somewhere.

PPMAN159

 

If this comment has helped please click on the scales.

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Okay - I found out what a CCA is. Am i right then in thinking that I write off and ask for this, and hope that they don't have it? If they don't, I need pay them nothing ever again? (I hope I am right!!) but even if they do, I can claim back my two charges in the same way as with the bank account charges? There is also another charge on my statement for £50, for a 'debit adjustment' but no explanation what this even is! So I shall be phoning later to see if I can add this on too. Okay - can someone just confirm that i am right, before I begin. Thanks a lot in advance.

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Yes.

 

I intend to write to them and request that they give me either details of what they have charged to the loan account or copy statements so that I can then send an LBA(Letter before action).

 

If needs be then it will end up at the Small Claims Court as are my claims against Nat West and Nationwide.

 

Again stick with it, do not be put off by what they may write back and tell you and should you need any help check the other threads-the answer is sure to on here somewhere.

 

Thaks again for this. Their reply just threw me, as I began to wonder if they are 'excempt' from the usual rule. i will go ahead. Are you doing the CCA bit as well? I'll keep you updated.

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  • 1 month later...

I've just received notice from the court that HFC intend to defend. Do they usually do this? None of the others did this - they just paid up!

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I've just received notice from the court that HFC intend to defend. Do they usually do this? None of the others did this - they just paid up!

 

Keep pursuing the matter. To defend a total charge of £30 is preposterous and not in the interests of the bank or the customer.

 

If your account is still open, I would also suggest that you check the rate you are paying and see if you can re-finance elsewhere for a lower rate - after this matter is concluded of course! The APR on the PC World accounts can be quite high, about 25%+ :eek: :eek:

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Okay - this morning I received a notice of transfer of proceedings, from the court, with thye defence form from HFC, and stating that the case has now been transferred to my local court. Can anyone tell me if they've got this far before, as it has terrified me! I have successfully claimed charges back off a few banks, and they've never defended before. I am just slightly worried as this is a bit different, and isn't an actual bank account, but a credit agreement via PC World. The charges are for late monthly payments. Am just concerned that they know something I don't!! Any advice would be appreciated! Thank you in advance.

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I've just read another thread about HFC court date, by moneydragon, and think I have done the same thing, and used the bank charges template, saying that the charges are a penalty, etc. Do you think I have really got it wrong? Can I pull out at this stage? I am panicking!!

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  • 3 weeks later...

If anyone does read this, I have got a new statement from HFC with a new charge for £50 on. I have phoned and asked what it's for, and the rep said that she doesn't know, but still refused to take it off. I am waiting for a court date, but am considering trying to pull out, if possible, as I think the charges are slightly different to that of the normal bank penalty charges. My husband's idea is to ask them for a new and latest detailed statement, take off all charges, and pay them the balance owed, then refuse to pay all charges, and wait for them to sue us for them. Would this work, do you think, or am I getting into even deeper trouble? Please Help!!

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I also need to know whether to pursue my claim through the courts...I am uncertain as to whether the charges fall within the same category as bank charges...

 

Anyone ?

Claims:

bgqs v Barclays (Claim No.1) - Claim Issued 16/3/07 Await Defence to be Entered - Data Protection Act Non-Compliance - *WON

 

bgqs v Barclays (Claim No.2) - Prelim Letter Sent (Charges + s.68 Interest) - 16/3/07 - *WON

 

bgqs v Halifax - Prelim Letter Sent (Charges +C.I Interest) - 16/3/07 - *WON

 

*Paid Deposit on New House with my Winnings !

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If anyone does read this, I have got a new statement from HFC with a new charge for £50 on. I have phoned and asked what it's for, and the rep said that she doesn't know, but still refused to take it off. I am waiting for a court date, but am considering trying to pull out, if possible, as I think the charges are slightly different to that of the normal bank penalty charges. My husband's idea is to ask them for a new and latest detailed statement, take off all charges, and pay them the balance owed, then refuse to pay all charges, and wait for them to sue us for them. Would this work, do you think, or am I getting into even deeper trouble? Please Help!!

 

Charges are charges. The £15 Late Payment Fees and Administration Charges can still be punitive charges, just as charges for bouncing a cheque or Direct Debit on your current account are. HFC have charged you £15 because you didn't make your payment within 14 days of the due date. This charge is automatically applied and no human intervention is required for this to happen. Therefore the charge does not reflect the true cost to the bank. As far as I know, HFC can only charge you to cover their costs in collecting and administering your overdue account.

 

As for the £50 charge, the only charge I am aware of that is £50 is for legal fees when they issue a default notice. Again, this is not reflective of the costs incurred as they haven't even instructed any solicitors at that stage. The default is issued by a Collections Advisor pushing a few keys.

 

I would strongly suggest you obtain a copy of your credit history from Experian or Equifax and contact HFC to explain exactly what this charge is. I find it difficult to believe that there is no-one that can tell you want the charge is for.....

 

Don't give up - that is exactly what they want you to do.

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Cheers Scooby, I will be completing my N1 today :D

Claims:

bgqs v Barclays (Claim No.1) - Claim Issued 16/3/07 Await Defence to be Entered - Data Protection Act Non-Compliance - *WON

 

bgqs v Barclays (Claim No.2) - Prelim Letter Sent (Charges + s.68 Interest) - 16/3/07 - *WON

 

bgqs v Halifax - Prelim Letter Sent (Charges +C.I Interest) - 16/3/07 - *WON

 

*Paid Deposit on New House with my Winnings !

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  • 3 weeks later...

hi - I haven't heard anymore form the court as yet, and have repeatedly asked HFC what the £50 charge is for, but no one seems to know, and they refuse to take it off. I received a complete statement this morning, and it's listed as a 'debit adjustment'. I am now in the position to pay off the total amount still owed. I was wondering if I should pay off the total balance owed minus all the charges, and then let them sue me for the charges? Does anyone know if this could backfire on me in any way? And if not, any advice on how to word it in the letter I write with the final cheque? Thanks again in advance!!

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We cleared our account a few years ago, and I'm now claiming back my charges. If it was me, I would avoid them claiming against you, pay it off and then go after them for your charges. Others may advise differently

Jo

HFC Bank - First letter claiming £196/LBA sent/£75 offered/rejected/Claim filed

HFC Bank Take 2 - Statements received

A & L - Prelim sent/LBA sent

Barclays (for my Dad) - Awaiting statements/LBA for S.A.R. sent/Statements received/Prelim sent/LBA sent

A & L (for my Son) - Awaiting statements/Statements arrived Prelim letter sent/£280 offered and rejected

Abbey (for my Sister) - ***Won***

Barclays PPI claim

Studio - ***Won***

HSBC - (for my brother-in-law) ***Won*** 8-)

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Yup, we settled the account, but that was in 2004. I don't think of any of this had started back then so you assume that you just have to suffer the charges. We had two accounts with them, so I'm claiming on the oldest one first and then I'll go after them for the other

HFC Bank - First letter claiming £196/LBA sent/£75 offered/rejected/Claim filed

HFC Bank Take 2 - Statements received

A & L - Prelim sent/LBA sent

Barclays (for my Dad) - Awaiting statements/LBA for S.A.R. sent/Statements received/Prelim sent/LBA sent

A & L (for my Son) - Awaiting statements/Statements arrived Prelim letter sent/£280 offered and rejected

Abbey (for my Sister) - ***Won***

Barclays PPI claim

Studio - ***Won***

HSBC - (for my brother-in-law) ***Won*** 8-)

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  • 3 weeks later...

Hi Guadge

 

Just reading through your post, I see you have been keeping up with mine. Well I have just got myself back into gear as my case management is due on 30.7.07 and I have starting preparing for it.

 

I have had the exact trouble as you, HFC are very reluctant to explain themselves.

 

Anyway hope you haven't given up with them and keep watching this space!!:D

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I received a letter from the local court yesterday morning, asking if the settlement has been achieved. I will phone tomorrow morning, and answer no, and that we want the case to go ahead, but other than this, haven't heard anything since May. HFC have never explained what the charge was for. Was your case a bank account, or a credit agreement? Ours was an HP agreement for a purchase with PC World almost four years ago. Good luck - and keep me updated please!

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Hi

My account with HFC was the same only difference was it was with Currys. I spent 2 hours last night putting everything together for my forthcoming court date only to receive a call from my oh this morning that a letter has arrived from HFC solicitors today offering me a full settlement. Let you know its full content when I get home and have a read

 

So stick with it:D

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Brilliant!! Congrats! That's encouraging! Would you mind hanging onto your paperwork, as if mine does nd up getting to court, I'll be in a real panic! Thanks. Let me know what your letter says.

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