b8byd v HFC Bank: default removal

[b8byd]

I would certainly think about it. Do you know of any similar cases? I guess since the onus of s.87 is on the banks, then they have the burden of proof. If its as simple as that, I don't see a problem with filing a court claim as they will probably back down on the basis of no evidence.

 

The fact that my accounts were badly run by me is not disputed. But that is not the point in dispute is it?

 

If anyone could give me their honest opinion as to whether or not I should take this further, I would be grateful.

 

I do have some bank charges to claim back, so would it be better to negotiate the removal of the defaults in with those? The reason I haven't so far, is that the defaults should be removed as they are unfair per se (not just because they were added as a result of the charges) and I wanted to go all the way with the charges claim and get back 100% of the unlawful charges plus interest - I didn't want to have to sacrifice the full value of my claim in order to persuade them to remove the defaults.

 

Any advice?

 

Thank you

[b8byd]

I also wanted to say, thanks for sticking with me Rory! Your help is appreciated

[b8byd]

After a bit of thinking, I think I am going to pursue the charges claim and negotiate the removal of the defaults within that claim.

[rory32]

I think that you are doing the right thing. You may also want to do a little reading on section 10 notices under The Data Protection Act. A template for one is here http://www.consumeractiongroup.co.uk/forum/bank-templates-library/5078-10-data-protection-act.html

[noomill060]

Would it be useful to ask the creditor to provide evidence that the default notice was served?

 

A recorded or special delivery reciept and confirmation of time of delivery from Royal Mail would do.

 

Proof of posting is not proof of delivery in all other situations, why should just providing a copy of a letter (which may or may not have been sent) be evidence that it was delivered?

[shieldblaster]

Subscribing to this thread cos i'm in a very similar situation in that i found that HFC had placed a default against me without my knowledge. I CCA'd them and eventually they came back with what looks like an enforceable CCA (thanks to Rorys advice ) and i'm happy that the debt exists and im willing to pay it off as i have been doing, but my orignal purpose was to get the default removed because I had not been notified of it ever being served.

 

I sent them a sec 10 letter as per surlybonds template but all i got was a similar final response letter that b8byd received and i'm not sure where to go next so I will be watching this thread with interest.

[b8byd]

Hi Shieldblaster (and anyone else interested)... i'm trying to get the defaults removed as part of my unlawful bank charges claim - see this thread http://www.consumeractiongroup.co.uk/forum/hfc-household/100447-b8byd-hfc.html.

 

Wish me luck!

[singletracker]

Has anyone got a POC template for a claim to remove a default. I'm still fighting with MBNA who have listed one, then sold account. They cannot provide the original default notice, simply a template of one. I'm also chasing Lowell, who MBNA sold onto, who have been in full default of CCA request since March and have not been in contact at all since sending the request. Lowell also seem to have a default listed.

Thanks in advance!

[gettough]

i hope i am on the right thread,

Well where do I start.. July 2005 I was signed sick from work. Contacted CAB, they sent a letter to HFC for me to pay the sum of £1.00 per month, HFC replied 5th Jan 06 agreed for 6 months. (on my credit file they have put 8 due to default on 31st jan 2006 after the agreeed letter) Can they do this?

Letter received 13th June 2006 details of my account and the amount I owed. It stated that I was not covered by Insurance (which I was). All I can remember is that I offered £100.00 per month in July 2006 (had a rejection letter from them, but cannot find it). Yet again I contacted them and heard nothing until I received a default notice on 7th August 2006. There was a demand for £3,084.15 by 12th August. What was most disturbing (without an account number) and unreasonable. I wrote to them on the 7th of August saying ...Please could we get back to being reasonable, as I am willing to pay a monthly sum as agreed by both parties without being threatened. The next letter I received was from the Restons..,

My first contact with Restons was a letter I received dated August 14th 2006)This was from a Mrs. K S… I immediately contacted her by email. I then phoned her and waited for a return call. Then September 6th I received a notification from the courts. When I phoned the Restons office I spoke to the receptionist who said my messages had been passed on to Mrs K S…. She then informed me that Mrs K S… was not dealing with me and instead it was a Mr ??? (Not sure what his name was), but if I leave a message on his voicemail he will return my call. This was a Friday, at the end of the working day on the following Monday. I phoned the office and was told that Mr ??? was not working there anymore and they could not understand why I was given his name and also why I was told to leave a message on his voicemail. Spoke to a Mr D.. who is now dealing with my case. If Restons had dealt with me in a professional manner and Mrs K S.. had returned my calls I would not be in the situation I am now with the courts. Restons have put a terrible financial and emotional strain on me. This in return has had a detrimental effect on my mental health and physical well being. I am a disabled person that has been treated very poorly by what should have been a ‘professional company’. This is part of the letter of complaint I sent to Restons.

In March 2007 I wrote to HFC to ask for a copy of all correspondence between HFC and myself (I am still waiting). They did send me a copy of my statements, which I have been informed this week that HFC should not have done that by HFC themselves!! in fact no one at HFC should be talking to me..Now the most bizarre thing is since March 2007 my monthly payments have been paid to HFC through the insurance company and back dated to 25th November 2006. in the mean time i had some funds and was able to pay them monthly.I informed Restons about the insurance paying and did not hear anything from them untilI July when they informed me that I have to pay on top of the insurance and was under default of the agreement.. I was baffled.. I phoned HFC they said nothing to do with them go to your local branch where you took out your loan, this I did. The manager said leave it with me I will contact Restons.. I then received another letter from Restons saying that the manager had give me the incorrect information, included was a financial statement for me to fill in with a payment of good faith by July 25th 2007. Ok, I phoned HFC spoke to a Mark B.. in Collections, asked him to explain, he couldn’t, but spoke to his line manager, she said disregard the letter. I then got another letter from Restons. saying i would be in default if i do not return a payment of goodwill and the information requiredby Sunday 19th of August..Mr C M,, said that HFC has been giving me incorrect information, I owe a lot more then HFC say I do (in fact £10,000 more). He stated that the reason why a CCJ was taken out on me and the loan secured against my property was because they would not accept the £100.00 per month. I now have a letter from the land registry for a court hearing for HFC to make a claim against my property for a very high sum of money. I have only missed 2 payments in 4 years, and have made complaints against HFC and Restons. I did nothing about the CCJ as I did not know what to do and am off work due to stress related and am on medication. Now it sounds as if HFC was wrong in denying my payment of £100.00 pre month. The CCJ should not have been taken out against me, as I did not default on 2 payments in a row. I know this is long winded. The insurance company is still paying my monthly payments (in full) and the account is paid up until Feb 2008. Please can anyone help me with this, it keeps me awake at nights

[barnsleyboy]

I would certainly think about it. Do you know of any similar cases? I guess since the onus of s.87 is on the banks, then they have the burden of proof. If its as simple as that, I don't see a problem with filing a court claim as they will probably back down on the basis of no evidence.

 

The legal position is quite different! The case of Lombard North Central plc v Power-Hines [1987] states that a default notice is presumed served on the debtor if it is posted to the debtor's last known address

 

Russ