HFC/Weightmans - old Marbles card debt - Statutory Demand withdrawn now claimform

[bennieee]

Hi all,

I wondered if there was anyone who can help me.

I received last night a letter saying that it is a Demand served on me and that if the amount is not paid then I will be made Bankruptcy:

 

It states that I have fallen into arrears (which I have) and that therefore I am insolvent.

 

The letter has come from a company called Weightmans and advise that it is in relation to a HFC account - it is for a Marbles credit card.

 

It also states that I have been provided full particulars of the agreement - which I have not.

 

I have spoken to the CCCS and also spent alot of time looking through here - there is some fantastic advice

 

What I really need to know is...

 

What do I need to do! The CCCS told me to call them and offer a token payment via bank transfer - I am talking to the CCCS again on Monday to sort out a budget and things but all the advice on here seems to tell me not to call anyone.

 

I have not received details of the account as they say - I have read on here about sending a £1 payment and getting a CCA so I am rather confused as this advises not to make any payment.

 

I also noticed that the amount seems to be a very large amount more than the amount that I thought I owed - the amount is a mix of credit and charges and now I guess even more charges.

 

Please please help, this is so scary and I know that I should have dealt with it before - I did not really sleep last night

[Josie8]

Data Protection Act disclosure request

 

 

Dear Sir/Madam

 

ACCOUNT NUMBER: ****************

 

Please supply me with All my personal data you hold including a complete list of transactions and charges (or alternatively a set of statements) relating to my account history with your organisation. I also require a complete breakdown of each Late Payment fee and Over Limit fee charged to this account, or any similar related charges. The complete breakdown of each charge must contain the following:

 

Hourly rate of each member of staff involved with each administration of the fees / charges. The time each member of staff spent on the administration of the fees/charges. Details of the work carried out and completed by each member of staff involved with each administration of the fees/charges. Total cost of the paper, envelopes, ink, and postage of each automated and manually written letter relevant to the issuing of the fees/charges, and any other costs incurred in each fee/charge including other employee’s involvement, their hourly rate, time spent on the involvement, and what their involvement consisted of.

Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my banking business with you. If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.

 

I enclose the statutory maximum fee of £10. You have 40 days in which to comply. Furthermore, if I discover that you have levied disproportionate penalties against me, then I shall be reclaiming them, and also reclaiming the enclosed £10 Data Protection Act subject access request fee.

Furthermore please provide me with a copy of my contracts with you, and a copy of my original terms and conditions. I make this request under the Data Protection Act 1984 and 1998, and including the right of subject access under these acts.

 

I understand that under the Consumer Credit Act 1974 section 78, I am entitled to receive a copy of any credit agreement and a statement of account on request . I enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act 1974.

 

I understand a copy of any credit agreement along with a statement of account should be supplied within 12 working days.

 

I further understand that under the Consumer Credit Act 1974 creditors are unable to enforce an agreement if they fail to comply with the request for a copy of the agreement and statement of account under these sections of the Act.

 

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

 

Please note that the Postal orders I have supplied are NOT to be applied to any alleged debt but used only for purposes supplied.

 

I look forward to hearing from you.

 

Yours faithfully,

 

 

Mr .***************

Enc £1.00 Postal Order ********

£10.00 Postal Order **********

 

This letter contains two data requests..........one for your CCA request under S.78 and the other a comprehensive SAR request which should produce information re penalty charges etc.

 

After 12 WORKING days they are in default of CCA request and cannot lawfully ask for payment after a further 30 days they commit an offence.

[42man]

My first reaction is to say send a CCA letter via guaranteed delivery immediately to put the account into dispute, as for the £1 put in a postal order and use one of the standard letters on this site (not sure where they are but you will find them if you dig around) and state that the £1 is not to be used against the debt and is for the sole purpose of processing your request - always write at the top I DO NOT ACKNOWLEDGE THIS DEBT - It is likely that you will be able to claim back your excessive charges on the card too, so I would send a SAR to Marbles to get your statements.....again if you want to send a SAR use one of the standard letters on here... - good luck...

[Josie8]

Data Protection Act disclosure request

 

Dear Sir/Madam

 

ACCOUNT NUMBER: *************

With reference to the above agreement, Please send me a copy of this credit agreement and a full breakdown of the account including any interest or charges applied. I understand that under the Consumer Credit Act 1974 sections 77-79, I am entitled to receive a copy of any credit agreement and a statement of account on request . I enclose a payment of £1 which represents the fee payable under the Consumer Credit Act 1974 and is not to be used for any other purpose.

I understand a copy of any credit agreement along with a statement of account should be supplied within 12 working days.

I understand that under the Consumer Credit Act 1974 creditors are unable to enforce an agreement if they fail to comply with the request for a copy of the agreement and statement of account under these sections of the Act.

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

I look forward to hearing from you.

Yours faithfully,

 

Mr. ***************

Enc £1.00 Postal Order********

[bennieee]

Thank you so much for the quick responses I will do this today - I am probably being really thick but do I need to send this to the dca or to the orginal creditor?

[Josie8]

The above letter is purely a s.78 request for your CCA.

 

Whichever you send do it by Special Delivery and the clock starts from the day they receive it.

 

Good luck

[42man]

I am pretty sure you send it to the DCA...

[bennieee]

So does this mean that I should not call them and offer a token payment? sorry for asking a lot of questions - this is just confusing me at the mo

[Josie8]

Weightmans are acting as an agent so you can serve them or alternatively send CCA request letter to them and other letter to original creditor. Either way clock starts ticking from date of receipt.

 

No DO NOT CALL them. Send a covering letter saying that this account is in dispute till they produce the true copy of the executed agreement which they have not provided you with. Again send this letter by Recorded Delivery.

 

There are bound to have been unlawful charges imposewd etc as well but lets see what comes back.

 

When did you originally take out marbles account?

 

Can you post details of the demand notice (omitting any personal details that could identify you)?

[Dispirited]

So does this mean that I should not call them and offer a token payment? sorry for asking a lot of questions - this is just confusing me at the mo

 

 

Hi, I only joined on Monday but from what I've read so far, the advice seems to be 'don't call!' Offer nothing, and only deal with them in writing. Good luck.

[bennieee]

thank you - I don't have the exact date to hand, I would think it was around 6 years ago - I will look to see if I can find out - is it important?

 

I will see if I can scan it and post it

[Josie8]

You can find out exact date from your CRA history. Pre CCA 2006 if they don't produce an enforceable CCA then they are unable to enforce any payment of monies outstanding.

[bennieee]

the agreement was started according to the demand letter on 12.3.02

I have scanned the demand

I removed my name and the agreement number and there was also a law court address that I took out

 

thanks again for all the help, it is very much appreciated

[Josie8]

Ok first paragraph page 2 - have either Weightmans or HFC supplied you with a true copy of original agreement prior to commencement of these proceedings ?

[Belaflat]

How was this served on you, by hand or by post?

[Josie8]

The CCA letter is to go to Weightmans and addressed to the named paralegal. I'm just going to redraft letter for you...........

[bennieee]

no I have not recieved a copy of the agreement, the document was served by hand

 

thank you should i still send the other one to hfc as i know that there are charges on there that have been levied by them?

[Josie8]

Data Protection Act disclosure request

 

 

Dear Sir/Madam

 

ACCOUNT NUMBER: ************* & Formal Statutory Demand Notice Dated**********

 

Contrary to your assertion in the formal statutory notice I have received from you I have not been provided me with a true copy of the executed agreement between either your firm or your client.

 

Take this letter as a formal request to supply me with a copy of this credit agreement under the Consumer Credit Act 1974 sections 78. I enclose a payment of £1 which represents the fee payable under the Consumer Credit Act 1974 and is not to be used for any other purpose.

 

I understand a copy of any credit agreement along with a statement of account should be supplied within 12 working days.

 

However given the time restraints now in place due to the issuing by yourselves of the formal statutory demand, the fact that the information should be readily available within your case file and that we are now working under CPR rules I request the information be furnished by return.

 

I understand that under the Consumer Credit Act 1974 creditors are unable to enforce an agreement if they fail to comply with the request for a copy of the agreement and statement of account under these sections of the Act.

 

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

 

 

I look forward to hearing from you by return.

 

Yours faithfully,

 

 

Mr. ***************

Enc £1.00 Postal Order********

 

bennieee said:

thank you should i still send the other one to hfc as i know that there are charges on there that have been levied by them?

 

 

Yes and send a copy to the solicitors. I am going to redraft the Second letter for you as well..might take a few minutes.

 

Send the first one immediately by Special Delivery. If they haven't complied within 12 working days from tomorrow (signed receipt of document) you can make an application on a N244 to have order set aside on that ground alone. This is within the 18 days period by which you have to apply.

 

However as you are certain there are charges etc my advice is now to dispute the debt and issue court proceedings. How much in charges are you aware of already without getting the information supplied by HFC?

[bennieee]

is this a genuine demand then or is just one of their scare tactics, I am so worried now.

 

I don't know how much is made up in charges, I had loads of problems with them not sending statements for some reason and late payments - my fault as well as not getting ontime statements meant a lot of late charges.

[PI Guy]

this stat demand doesn't appear to have a court stamp on it

[Josie8]

Is there anywhere on the statutroy demand a court stamp?

[bennieee]

no, there are 4 pages, the first 3 I scanned and the 4th is completely blank.

[PI Guy]

no court stamp = no stat demand

 

Its an abuse of process

[Belaflat]

Its the served by hand bit that means you cannot deny its delivery.

I am not sure how the Court Stamp issue would stand in this case.

 

Wonder who actually delivered it, was it a process server or just a minion pretending to be officious to add apparent credibility to the demand.

 

 

Just seen you are in Croydin PI Guy, nice avatar too.......nowhere near to Connaughts by any chance......you can pop around and deliver a personal message from me if you like.....by boot preferably.

[bennieee]

when I asked him, he said he worked for weightmans