CCA response

[taurus66]

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

[taurus66]

Hi,

Could someone look at these 2 documents, the first is my original,the second is in response to CCA.

 

 

 

[taurus66]

Can anyone advise on these docs please? Can I write and ask about any cancellation details?

Thank you

[taurus66]

o-k, I give up, am I in the wrong forum?

[rory32]

Hi taurus,

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

[Chris_w]

read CCA's and Dave against the world thread it's got loads of info re CCA's

[rory32]

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.

[payingonlyencouragesthem]

It's always worth taking payment protection insurance - it protects you in a way they don't quite envisage. You counterclaim for damages for mis-selling if they sue. I've f*cked HFC off entirely just by threatening to do this.

[taurus66]

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.

[taurus66]

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.

[taurus66]

Any suggestions on how to proceed with this please?

Thanks

[taurus66]

Please could someone help with the above?

[taurus66]

anybody?

 

I apologise if my subject is boring.

[payingonlyencouragesthem]

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.

[taurus66]

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

[alibobsy]

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

[taurus66]

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.

[tomterm8]

OK... this agreement looks valid to me.

 

Did they send you a default notice?

[taurus66]

Hello tomterm,

No,I have no default notice.

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

[tomterm8]

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...

[taurus66]

Hello again

Nothing at all,just this call from RWay this morning. Should I call hfc again to see if it is sold?

[tomterm8]

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.

[tomterm8]

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

[taurus66]

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.

[tomterm8]

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:)