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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

CCA response

taurus66

By taurus66
in General Debt Issues

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taurus66

taurus66

Posted
Posted

Hello

I sent a CCA request to HFC for a loan I had rewritten in 2003.They responded within 6 days with my credit agreement-one page.

Meantime,I found my original document,this too is only one page minus the signature boxes.

The document I have been supplied with is a replica of the document I already hold but two signature boxes are now inserted.

I'm almost certain there were two pages originally,and the signature boxes were on page two,so is this acceptable?

My other query is that I have not dated my signature, this was signed at home after telephone discussion.

Thanks for any help with this

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rory32

rory32

Posted
Posted

Hi taurus,

No you're not in the wrong forum. I'll have a look at your agreement tomorrow (we'll later today now).

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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rory32

rory32

Posted
Posted

The copy of the agreement has not been signed by the creditor so has not been properly executed. Can you remember if they signed before or after you?

 

This agreement was signed under the Consumer Credit Agreements Regulations 1983, before the 2004 amendments were introduced so I will have to have a look at those and see how it effects the document.

 

If it was a 2 page document and the signatures were on the back then there needs to be something to tie the first page to the second page.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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taurus66

taurus66

Posted
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Posted
The copy of the agreement has not been signed by the creditor so has not been properly executed. Can you remember if they signed before or after you?

 

This agreement was signed under the Consumer Credit Agreements Regulations 1983, before the 2004 amendments were introduced so I will have to have a look at those and see how it effects the document.

 

If it was a 2 page document and the signatures were on the back then there needs to be something to tie the first page to the second page.

 

Hello Rory and thanks for your reply.Very clever of you to know it was signed under cca1983- It says 1974

I can't remember who signed first,sorry. Does it make a difference?

One more question,why is it showing repayments for ppi? I ticked the no box.

Thank you for your time.

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taurus66

taurus66

Posted
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Posted

The t&c's are on the back of the document that I already hold,but the back of the copy they sent me is blank.

With regard to signature,is that squiggle ontheir document not classed as a signature?

Thank you.

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payingonlyencouragesthem

payingonlyencouragesthem

Posted
Posted

I would suggest going down the token payment route here, unless you aren't bothered by a CCJ and are prepared to risk fighting them on small discrepancies in the agreement. They'll take a fiver a month if you can convince them that's all they would get in court and that you would contest any legal action vigourously.

"Why CCJ when you can CCA!"

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taurus66

taurus66

Posted
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Hello

I just got an unpleasant all from Robinson way re the above.I asked for him to put everything in writing as I didn't want to discuss anything on the phone and he said I have one week only to pay in full.

 

I did call hfc last week to offer token repayment but they too were quite unpleasant and said it was out of their hands.

Can anyone advise me please,I'm a bit scared. Thank you

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alibobsy

alibobsy

Posted
Posted

If you look in the template section on this site there are some letters there relating to making an arrangement with debtors. I would do a budget and a letter offering an amount you can pay and send it (with a postal order/cheque for you first pay if you can) If they then take it to court you can argue to the judge that you had made a reasonable offer to pay and they ignored you, doesn't look good for them. If this is you first letter from rob/way they are unlikely to go straight to court. Do you know if the debt has been sold on to the DCA or if they are just acting for hfc? Has there been any charges added to the original account that you could reclaim?

Good luck

ali xxx

Btw I am no expert just give notes based on what I have read on here and other forums/sites, plus my own experiences and investigations.

 

All ccj's now dropped off file, 2 yrs to go to clear file.

All old debts either settled or made unenforcable.

 

RBS MPP-Full offer at 8 wks from first complaint

RBS Overdraft loanguard-full offer at 8 wks from complaint

Citicard ppi-with FOS finally paid 8 months after offer through FOS!

Capital one x2- with FOS

Monument ppi-with FOS

aqua x2 ppi-partialled settled still pushing for the rest

Black horse ppi-offers made and accepted except for one early loan they say no info held-still pushing for payment

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taurus66

taurus66

Posted
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Thank you for your reply.I don't know if its been sold or not,Robinson way was quite hostile in their call (I'm still shaking) so I just said I didn't want to discuss and please write instead. He put the phone down. I will do as you suggest.

I queried the agreement and it was suggested I write and ask for the cancellation details, hfc have not responded to this.

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tomterm8

tomterm8

Posted
Posted

OK... this agreement looks valid to me.

 

Did they send you a default notice?

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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tomterm8

tomterm8

Posted
Posted
Hello tomterm,

No,I have no default notice.

I sent CCA request then asked for cancellation notice and terms and conditions-no response.

 

What, not even from HFC? If not, then all you have to do is pay the arrears at any point in time, and they could not bring you to court.

 

They must send you a default notice before taking court action...

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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tomterm8

tomterm8

Posted
Posted

Don't call anyone, simply send to RWay this letter (special delivery):

 

Dear Mr X

 

RE: Your recent correspondence.

 

Thank you for your phone call today, and for agreeing to communicate only in writing.

 

from the content of the call, it appears that you are claiming I have breached a term of a contract with HFC Bank, Ltd. I am not clear, however:

 

(a) what interest you hold in such a breach, or

(b) since I have had no default notice, what the nature of the breach was.

 

In relation to point a, I would ask if you are the owner under an equitable assignment, or the agent of HFC Bank. If you are an agent, I would ask you to provide a power of attorney for the agreement; if owner, I would ask that HFC Bank provides appropriate notice of this fact, and confirms your entitlement to any benefit.

 

I would like to speedily resolve and rectify this alleged breach, and therefore would ask you to provide, in relation to point b, a detailed break down of the nature of the alleged breach, the date it occurred, and how it can be rectified.

 

I would remind you of your obligations, under the Civil Procedure Rules, to act reasonably in relation to this matter and to avoid where possible the expense of legal action. In particular, terminating the agreement and bringing the matter to court when I have stated my intention to, if possible, make good any breach would seem a breach of these objectives.

 

I thank you for your cooperation in this matter,

 

Yours Sincerely,

 

XXX.

  • Haha 1

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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tomterm8

tomterm8

Posted
Posted

p.s. don't phone them, ever, unless at the minimum you are recording the conversation AND tell them you are recording the conversation.

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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taurus66

taurus66

Posted
  • Author
Posted

Hello tomterm

Thank you very much for the letter,as yet I have not received anything in writing from robinson way just the phone call this morning and I asked for them to communicate in writng. Should I wait to see if anything arrives from them first? Sorry to be a nuisance and thank you so much for your help.

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tomterm8

tomterm8

Posted
Posted
Hello tomterm

Thank you very much for the letter,as yet I have not received anything in writing from robinson way just the phone call this morning and I asked for them to communicate in writng. Should I wait to see if anything arrives from them first? Sorry to be a nuisance and thank you so much for your help.

 

i've chaged the letter slightly. I would send it, to be hones, DCA's tend to forget what they agreed in the last phone call:)

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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