Having to start a new thread as no feedback form the original so please help

[Pen]

Hi, I have written many letters to HFC requesting may SAR information to no avail the assigned my dept to TFI on dec 2001. I received this letter from David Jones solicitor for both TBI and HFC.

 

I am the in house solicitor for TBI financial services. My clients recently received a request from HFC to send you a statement of account, which i presume you had requested from them however I would advice in the first instance that all future contact should be sent to these offices referring to the above agreement number and for your information I enclose a statement of account and a copy of your agreement..

I have now issued proceedings against HFC for none compliance, but (1)should HFC have sent all my information including agreement to TFI (2) Should TFI have sent me this information (3) Do I only correspond with DJ and not HFC. As far as I am aware I am requesting my information of HFC not TBI and HFC should still have it am I right, also they should not have sent TBI my agreement when they sold on my debit.

can anyone offer me some advice on this please

Thanks

Pen

[laaldinger]

Seems to me is that they have given you info that you would recieve following your making a CCA request, possibly stalling time or a simple miscommunication between DJ and HFC.

Write back informing DJ that the account is in dispute, ask for proof of authorisation for DJ to act from HFC, and you are waiting for your SAR to be actioned. See what DJ says then.

In the meantime search the HFC threads & CCA threads and see what usefull info you can pick up.

Saying that, my HFC is with DLRS.

 

Hope you have luck,

[Pen]

Thank you, my problem is I am in court proceedings with HFC, for non complience, they cannot comply because they have given all my documents to TFI when they sold the debt, should TFI have all my documents or should HFC have them.

 

Thanks

Pen

[laaldinger]

Pen,

Its my understanding, and remember I am pretty new here, that if HFC are stating that they have SOLD the debt then they should have notified you as such, and TFI should of informed you that they have taken the debt on.

 

Search for the thread DCAs and The Data Protection Act and have a read. The info others have gave me will IMO be relevant to what you are requiring.

 

Hope it helps you.

[laaldinger]

As a follow up, 'cos I lost my train of thought, as TFI say they OWN the debt you should CCA them and see where it gets you. If they legitamately own the debt they 'MUST' have the relevant docs. If not, it would seem that it is not enforceable, leaving you with an oppotunity to negotiate an appropriate (re-)payment plan.

 

Read the various threads on CCAs for the timings and procedures, and consider your own circumstances for the route(s) you want to take.

[Guest louis wu]

Search for the thread DCAs and The Data Protection Act and have a read. The info others have gave me will IMO be relevant to what you are requiring.

 

Here are a few of the threads regarding CCA, they are long, so just have a general browse at firtst and see what you think.

 

http://www.consumeractiongroup.co.uk/forum/general-debt/74733-credit-agreement-application.html

 

http://www.consumeractiongroup.co.uk/forum/general-debt/82492-cca-agreements-mark-ii.html

 

http://www.consumeractiongroup.co.uk/forum/general-debt/83035-guidelines-requests-original-agreement.html

 

http://www.consumeractiongroup.co.uk/forum/general/33174-consumer-credit-act-agreements.html

 

 

By asking for a true copy of your CCA agreement, you are effectively buying yourself some time, as they debt becomes unenforcable after 12 days UNTIL it is produced. When/if they do send it, go through it with a fine tooth comb and see if there is anything missing.

 

Best of luck

 

Louis

[Pen]

Hi, everyone, Thank you for all your replies, HFC sold my debt to TFI in DEC 01, but i paid loads of chargers on it before it was sold. I did CCA HFC and TFI but only TFI where able to supply me with my statements and details. TFI have taken a charging order on my home without a CCJ so I have contact a debt council who have asked me to request a STAY at court because apparently TFI can not get the charging order without a CCJ. OK so I am doing that, but I want to also claim my chargers back from HFC and TFI. I am under the understanding that when HFC sold my debt they should still have retained my details for 6 yrs also they should not have given TFI my agreement. so I filed for proceedings so far against HFC because i want all my info of them, i don't think they should get away with just passing it on like that and washing their hands off it so to speak. i will then request a stay in court for TFI and claim all my chargers back from them, I just need to know if I am right and that HFC relay should still have my documents. By they way if HFC are unable to provide me with the agreement is it still unenforceable even though they have sold the debt. if so I could maybe sue them for the amount owing on the charging order. TFI could supply me with it

[Guest louis wu]

It doesn't matter who's got the original agreement, but someone MUST supply you with a true copy. If they cannot then there are serious implications for them

 

TFI could supply me with it

 

have you asked for it/have they sent it. When you do get a copy post it here

 

http://www.consumeractiongroup.co.uk/forum/general-debt/74733-credit-agreement-application.html

 

and someone will be able to tell you if it contains all the necessary info.

 

Louis

[Pen]

Hi Louis, yes I got one from TFI but not clever enough with computors to scan and put it on here. i will read the thread you have supplied me with to see if that helps.

thanks again

pen

 

Hi just checked the agreement, there are no terms and conditions with the agreement but it does however state at the bottom of the agreement in small print that. Conditions and CPI summary printed sepratley to accompany customer copy. should i have signed T&Cs also. or am I going down the wrong path.

[Guest louis wu]

If you ask what the basic requirements are for it to be a valid agreement ( on the agreement v application thread), you will get an answer, and then check to see if what you have ticks all the boxes.

 

Louis

[Pen]

Thanks Louis, will do.

 

Pen