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Russjo vs HFC


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This one I could definitely do with some opinions on. Many years ago, we (my husband and I) signed up with Baines & Ernst debt management, which at the time was the best thing I ever did. Whilst they managed to negotiate with 13 of our creditors, HFC refused to accept the proposals for something like 2 years. Everybody else was happily accepting the payments that were being made. HFC, whilst accepting the payments that were being made by Baines & Ernst, continued for approx 2 years to add £15 administration fees. Finally, we received a phone call to say that they would close the old account and set up a new one, which would enable them to accept the payments we were making without any further problems.

 

When I made the SAR on the newer account, I noticed that whilst there were only £75 in charges, the running balance had not been administered correctly. What I mean by this, is that when we paid £32 for example, they only deducted £31.87 on several occasions and then as little as £10 ish on other occasions. Interest was being shown separately on the list and therefore, it cannot be argued that the shortfall was interest. I've worked it out that they have short changed me by £310. The account was settled nearly three years ago now, but I'm fuming that I didn't pick this up earlier, although that is mainly due to the fact that Baines & Ernst were administering all the paperwork so I didn't take too much notice when the statements came through.

 

I've sent the first letter claiming the £75 plus the discrepancies, but I think that maybe I should split the two claims up as they are completely different things. If you agree, how would you proceed with the discrepancies in accounting?? :confused: :confused:

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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russjo

 

Keep it as one claim - it'll be easier to administer (from your point of view!)

 

I remember once going to HFC for a car loan. They were awful. I asked for the quote in writing, and the young lady returned 5 minutes later with everything handwritten on a half piece of paper. It didn't even show the APR - I just laughed. Risible.

 

My guess is that they were not well set up administratively or in IT terms. (They've also now been taken over - that'll add to the fog?)

 

I'm sure they will not relish having to dig up the old documentation, work out (and prove) what went on and defend against it.

 

If your claim is well set out, and honest, I think you have every chance of getting a 'go away' offer. Or better.

 

You can but try ... good luck!

 

T.

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"Weasel (n): any person or group that operates in that vast grey area between good ethical behaviour and the sort of activities that might send you to jail".

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Thanks Todge. This site is great, at least people take the time to reply. I've decided to take your advice, I think it will get too messy if I now start to divide it up. They haven't responded to my letter and the 14 days are up tomorrow, so I can feel another letter coming on

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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Okay received a letter from HFC today, rather pleasant, but not the answer I wanted to hear. Here goes...

 

Thank you for your letter dated 5 May 2007 with regard to the default charges applied to your account. I have not completed my investigation into the matters raised and have summarised my findings below.

 

Default charges are charges payable if customers do not make the required minimum payment by the payment due date, if they exceed their credit limit, or if, payment is not made on time, or is returned unpaid. The amount of these charges, and the circumstances in which they are applied, is set out clearly in HFC Banks credit agreements. We believe that HFC Banks charges to customers are fair and reasonable.

 

In April last year the OFT published the findings from its enquiry into default charges payable in respect of credit card accounts. HFC Bank has carefully considered the OFT's publication but does not accept the principle that its findings apply to your type of account. Accordingly, I regret that we are not prepared to make any refund of the default charges payable or provide any compensation.

 

Thank you blah blah blah.

 

The annoying thing is, that they haven't even addressed the discrepancies in the balance as I stated in my previous post. So, off goes my LBA

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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That sounds like a standard letter?

 

They haven't read your letter fully, and have ignored it.

 

I'd write again, just referencing the 'discrepancies'.

 

Print them out, and detail your issues with them.

 

If that get's blanked/standard responsed, then you've done what you can?

 

T.

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"Weasel (n): any person or group that operates in that vast grey area between good ethical behaviour and the sort of activities that might send you to jail".

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Russjo

 

Todge is right, they have jsut sent you a standard letter (very similar to the one we got from Nat West - I wonder if the banks have a charges forum to help each other out too?!)

 

Just keep to the tried and trusted method on this site. Stick to your tinescales and don't let them put you off with mumbo jumbo.

 

Steven

 

If this post is helpful, please click the scales

  • Haha 1

Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

My Wins

 GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

 

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Thanks Guys. Letter's on it's way. Let's see how we get on

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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Okay update. It looks like I might have messed up with this discrepancies business. Having contacted to ScoobyDoo2, he/she has kindly explained things and it looks like I might be about £100 out on my calculations. What shall I do? Shall I write to HFC again explaining that having taken further advice my claim is now for less than originally thought?? Aaagggghhh, just when I thought things were going so well :mad:

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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Just change it at the next stage - LBA?

 

Steven

 

If this post is helpful, please click the scales

Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

My Wins

 GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

 

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That's the problem, I've already sent the LBA. I don't know whether to send another LBA and alter it, what do you think?

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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That's the problem, I've already sent the LBA. I don't know whether to send another LBA and alter it, what do you think?

 

Just amend at the court stage - when you submit your claim via MCOL or N1 to the court.

 

Steven

 

If this post is helpful, please click the scales

Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

My Wins

 GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

 

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Okay will do. I'll let the 14 days run it's course and then go from there

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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Well I've received a letter back, most of it pretty standard "OFT published findings, doesn't accept the principle blah blah". However, they've offered me a goodwill gesture, wait for it, :o a grand total of £37.50. Although I messed up :oops: , they're still about £150 out. They gave reasons for most of the discrepancies but not all. I'm going to send a final letter to ensure that the amount I will be claiming is clear and giving them an opportunity to increase their most generous offer :rolleyes::lol:.

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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Final, final letter sent yesterday. Last chance saloon. I think I sent the letter to be clear in my own mind what I was claiming for. This one's really messy. Anyhow I've told them that on 19th June I'm filing my claim and let that sort it out!:)

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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on 19th June I'm filing my claim and let that sort it out!:)

 

So long as you get it right then, any previous mess will be lost in history

 

Steven

 

If this post is helpful, please click the scales

Any opinions are without prejudice & without liability.

Almost everything I know concerning the law I learned from this site

Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

My Wins

 GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

 

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I'm sure that this is the final cut, so now I will feel confident filing my claim and can also show that I have entered into dialogue with them and have reviewed their explanations for the discrepancies

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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Statements turned up today for the second account. At a brief glance we're probably talking another £2-300. Oooohhh I'm loving this

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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Another letter today regarding the first account. I must say I feel like I'm the only person writing to them. It's taken them four days to receive my letter and reply, do you think they are bored?? :rolleyes: They must be, because they've increased their offer to a whopping £75. They must be willing me to file my claim to give them even more to do :lol:

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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Okay I'm in a quandry :confused: .....there are £315 worth of charges on the second account and I can't make up my mind whether or not to lump the whole thing together or keep to two separate claims. The first one is very confusing anyway because I believe there are discrepancies in their calculations so I'm now claiming £75 in charges plus £120 for their errors, although they're arguing the toss. What d'ya think?

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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Anyone there???

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-)

Link to post
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Bump

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-)

Link to post
Share on other sites

Hi Russjo

 

I've had aread through the thread and I think you have two choices:

 

1) keep on with the first claim as you are almost at the court claim stage and then start a new claim for the second account from the beginning.

 

2) send prelim letter (and possibly then LBA) for the second account and, if that is not satisfactory (which we assume it won't be from the history so far) combine the two claims at this point into one court claim.

 

Either way, I think, to be reasonable, you have to give them 28 days (14+14) to pay back on the second account before taking them to court. THe choice really is whether to have 1 or 2 court claims.

 

Steven

 

If this post is helpful, please click the scales

Any opinions are without prejudice & without liability.

Almost everything I know concerning the law I learned from this site

  • Haha 1

Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

My Wins

 GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

 

Link to post
Share on other sites

That's fantastic thanks Steven. I think I will keep them completely separate mainly because the first one is a bit more complicated.

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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Okay rejection letter typed and printed, just got to get the Old Boy to sign it. D Day is next Monday. No more messing with this one, cough up or else! :D

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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Share on other sites

Old Boy has signed the letter and it will be winging it's way in the morning :D

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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