CCA response

[tomterm8]

OK... this agreement looks valid to me.

 

Did they send you a default notice?

[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...

[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.

[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:)

[tomterm8]

It's a standard threat-o-matic letter.

 

You'll get lots of court threats.

 

they may or may not go to court; however, the impact on me of such letters is minimal. they produce them regularly, and rarely go to court. Unless they have a credit agreement, they don't have a chance of winning either way.