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HFO Services & Credit Agreement Question


blacksmith700
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Hello Everyone,

I am hoping that some of the more experienced members on here can help me out.....

 

I have a credit card debt with CitiCard. The debt dates back to the days when they were The Associates, and is for circa £8k. The debt is being chased by HFO Services, who have been threatening to go for a charging order on my house for some time. Last week I received court papers applying for CCJ against me. I immediately wrote to HFO asking for copy of original credit agreement, which i believe that they must produce within 12 days for the debt to be enforcable. Within two days I have received a letter back from their solicitor which states that they have ordered the credit agreement from the card company, which may take up to 8 weeks to deliver due to current high demand.:lol: Now, surely this indicates that HFO are not in current possession of the original agreement ?

 

Q - Can this letter from the solicitor be taken as an admission that HFO were not in possession of the original agreement at the time they completed the court paperwork ? Is the debt currently enforcable ? Can I contest the debt on these grounds ?

 

I am assuming that if they do come up with the agreement after the 12 days has elapsed, they would reapply to the courts at that point ?

 

I would be really pleased to here from anyone who can offer advice on this.

 

Thanks in anticipation.

 

Blacksmith

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Guest louis wu

Blacksmith, this topic is the biggest being debated at the moment.

 

In the general forum is a 270+ page thread on CCA's, and in this section is the CCA agreement v application.

 

I think its worth having a read of those, and maybe refer back to this post when you have gained a bit more knowledge.

 

It is hard going, but some very clever people are making some very good arguments that are well worth looking at. I'm afraid I don't know enough to really advise too much, but its 12 working days (+2 days post), after that point they cannot force a payment until the original CCA is supplied. As to the rest, well, I'm just not sure.

 

Sorry I couldn't help more

 

Louis

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Last week I received court papers applying for CCJ against me. I immediately wrote to HFO asking for copy of original credit agreement, which i believe that they must produce within 12 days for the debt to be enforcable. Within two days I have received a letter back from their solicitor which states that they have ordered the credit agreement from the card company, which may take up to 8 weeks to deliver due to current high demand.:lol:

 

Please do not assume that your request means that they cannot go for a CCJ by default :o . Since you have already received court papers, the wheels are in motion.... so you must enter a defence.... that you have appied for a Consumer Credit Agreement under The Consumer Credit Act, 1974 and until this document is received, no further action can be taken against you !

 

Non-compiance of a CCA request is a complete defence in any court claim that is issued against you.... but if you don't defend the claim, HFO may not be questioned over this doc. Many CCJs are obtained in this way... it is simply assumed to exist.

 

I have not been through this myself... so hopefully, someone else will be along to explain it more fully.... I am not sure how much time you have to enter your defence.

 

:)

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