b8byd v HFC

[b8byd]

Hi guys

 

I finally received my statements from HFC today but i'm having trouble working out what I can claim... here are the items the statements list:

 

ADMIN.FEE ASSESS (all 15.00)

LEGAL FEES (50.00!!!)

DEBIT ADJ (20.00)

INT CAPITALISE (varying amounts)

ADMIN FEES (30.00)

 

Can anyone who has successfully claimed tell me which ones I can claim back. Are legal fees unlawful (never went to court so don't know what they're for)? And how much interest can I add to my claim?

 

Sorry for all the questions in one post...

 

b8byd

[Russjo]

You can claim all the admin fee/assess. I did have legal fees on mine but it was so long ago, I can't remember if these were correct or not, so I ignored them. I've just logged my claim on line, because they were refusing to acknowledge mistakes that they had made in their accounting. My advice to you would be to look through each transaction and make sure that they are calculated properly. There were £120 worth of mistakes on mine and this is what they have refused to acknowledge so I'm taking them to court for that

[b8byd]

Thanks RussJo. I sent my prelim yesterday and as I wasn't sure what to include, I decided to claim all the fees on the basis that they are all unproportionate. I didn't know what to do about interest, so I just added 8% under the s.69 CCA. Not sure what will happen, but I guess i'll soon find out! Watch this space...

[Russjo]

I wouldn't add the 8% interest at this stage as you are not entitled to claim this until you file your court claim. Don't worry though, adjust it in the next letter if you need to. They may come straight back with an offer you are willing to accept, although I must admit, mine was a lousy one. See what happens but I'll keep watching

[b8byd]

I have received a tiny offer from HFC... but have decided to accept this on condition that they remove all three defaults that have been applied to my credit file.

 

You can see from my other thread (http://www.consumeractiongroup.co.uk/forum/general-debt/78968-b8byd-hfc-bank-default.html) that I have had no success persuading them to do this so far.... so wish me luck!

 

I have made this counter-offer on a without prejudice basis so that if this claim does end up going to court, they cannot disclose to the court that I was prepared to settle for such a low amount.

 

Will keep you posted...

[b8byd]

Received a chirpy phone call from Claire Young from HFC saying she wanted to discuss my claim, which stupidly got my hopes up. She informed me they would not be removing the defaults but asked if I would still like to accept their (almost non-existent) offer. I declined and asked her to put their position in writing regarding the defaults.

 

I can't find any cases where people have been successful getting defaults removed - does anyone know of any as I need some hope?!

[Russjo]

Hiya

I know that people have managed it, but it was so long ago when I was reading into that, that it'll take me some time to sort through. Hang in there and if I find anything I'll be back

Jo

[Russjo]

http://www.consumeractiongroup.co.uk/forum/capital-one/51318-tanzarelli-cap-one-default.html?highlight=default+removal

 

Will this do for starters??

[b8byd]

Excellent - makes for promising reading! Thank you

[b8byd]

Yikes - I just read the press statement. What happens now?

[b8byd]

Just got home to find letter in today's post as follows [dated 23 July]:

 

I understand that you remain dissatisfied with our previous communication and your complaint has now been escalated to me in accordance with HFC Bank's complaint handling procedure.

 

Having given careful consideration to all of the information available I write to advise that I am unable to uphold your complaint and have summarised below the basis on which I have made this decision.

 

Upon my investigation, I confirm following the announcement from the Office of Fair Trading (OFT), banks are only required to review their charges from the last six years. As a gesture of goodwill I am willing to increase our offer to 235.00. This is a full refund of all charges that have been levied against your account.

 

The default notices on your account have been caused by payments being received after the contractual monthly repayment date. We are required to record a true reflection of how an account is maintained with the Credit Reference Agencies. Therefore, we are unable to remove any default listings that may have been applied.

 

I realise that this may not be the response you were hoping to receive but it does nevertheless bring to an end the steps available to you through our internal complaint handling procedure. Should you remain dissatisfied the bank is obliged to advise you of your right to refer your complaint to the Financial Ombudsman Service, as this letter constitutes our final response.

 

Further details about the Ombudsman scheme are set out in the enclosed leaflet and you have six months from the date of this letter within which to refer your complaint to them should you decide to do so.

 

Yours sincerely

 

How are people proceeding now that a test case has been announced - are we advised to sit tight and await the outcome of that?

 

I would appreciate any advice as to how to respond bearing in mind my primary concern is default removal. Is it even worth trying to prove that the charges caused the defaults or is there no point answering their letter as I seem to have exhausted HFC's internal complaints procedure?

 

Many thanks in advance

[b8byd]

*bump*

 

I would really appreciate somebody's advice on this. I've been offered a full refund of all charges but NOT default removal. Given the current status of things, would I be crazy not to accept their offer?

[b8byd]

OK, i've decided to write to the Financial Ombudsman about this one.... so i'll keep you updated.

[car2403]

Hi b8byd,

 

Any update on this one? I'm in a similar position with Defaults from HFC and am challenging these separately to the charges issue, due to the Test Case announcement - might be worth taking a look as you could still pursue your Default issue outside your charges claim?

 

http://www.consumeractiongroup.co.uk/forum/data-protection-default-issues/110146-car2403-hfc-bank-default.html

 

And the background, here; (You probably won't want the Ombudsman looking at your Default issue!)

 

http://www.consumeractiongroup.co.uk/forum/data-protection-default-issues/111211-defaults-background-removal-methods-post1086715.html#post1086715

[b8byd]

Nothing to report as yet. Each month I get a letter from the FOS saying that they are dealing with a large volume of cases and they are not in a position to allocate my complaint to a caseworker.

 

Anyone else recently been in a similar position? If so, how long did it take for someone to deal with your complaint?

[b8byd]

Do people generally think i'd be better off making a Court claim bearing in mind that I really want the defaults removed?

 

Am I right in thinking that loan accounts are not stayed because of the OFT case?

[car2403]

The FOS generally deal with cases within 8 weeks - Court would take longer.

 

Loan accounts aren't stayed, but doesn't stop the Court staying it incorrectly. You can ask for it to be lifted under that basis though, but could need a fight with the Court to get that far.

[b8byd]

The FOS generally deal with cases within 8 weeks - Court would take longer.

 

That would be nice! I've been waiting since August 2007 for the FOS to deal with mine.

 

I think I will send a further LBA to HFC (as a final attempt to appeal to their better nature) and then take this one to Court. I really need the defaults removed.