BERRYN-v-HORWICH FARELLY SOLICITORS2

[BerryN]

Re: Halifax Loan

 

CCA's on 03/08/07. Signed for receipt on 08/08/07.

 

Horwich Farrelly Solicitors

London Scottish House

Quays Reach

Carolina Way

Salford

M50 2ZY

3 August 2007

 

 

 

Reference .................

Account Number ..........

 

 

Dear Sir/Madam

 

I do not acknowledge ANY debt to your company. I require you to supply the following documentation before I will communicate further on this matter.

 

1. You must supply me with a true and signed copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1)

Consumer Credit Act 1974 - your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee, PO Serial Number 15442399

 

2. If this debt has been sold to you, please supply me with a signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

 

3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.

 

4. Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

 

5. As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

 

6. Furthermore you are reminded that under the above Act, whilst the default continues you are not entitled to enforce the agreement in law.

 

 

Yours faithfully

 

 

 

 

Haven't heard a thing!!!!

[Brassed off]

Hi Berry - looks like you've been busy:)

 

HF have 12 working days before they are in default of your CCA request;) starting from 9th August - therefore default date would be this Friday 24th Aug (make a note in your diary!)

 

Good Luck

 

Keep us updated

 

Bo

[mrmarmite]

HF AKA Robinson, Way & CO, tell em to stick it where sun dont shine

[diskmandave]

LOL!!!

 

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/71386-diskmandave-robinson-way-co.html

 

Have a read!!!

[BerryN]

If I don't receive the CCA, what do I do to make the debt go away...???

[renegotiation]

You still have to wait 6 years from when you last made a payment or acknowldged the debt in writing. If they find the CCA in a year they are in a position to legally enforce the debt again. If they don't find it after a couple of months it isn't likely they will find it though.

[BerryN]

So it makes no difference really other than halting them for a while.... In 5 years time this debt could resurface??

 

Surely it would be better to call it quits and just go bankrupt at least after 12 months they have disappeared and I can get back on track credit wise.

[renegotiation]

CCA is the way to go. You can stop them hassling you and force them to remove defaults from your credit file if they don't comply with the CCA request. Bankruptcy is very serious. Mentally you might feel that the debt exists, but in 'reality' it doesn't. The likelihood of them producing it after a couple of months is very small.

[renegotiation]

I think bankruptcy will remain on your credit file for 6 years anyway! If they can't produce any CCA's then set about forcing them to remove defaults from your credit file. It will take a bit of persistance, but it is possible. If you feel worn down mentally it can all seem like a lot of rigmarole, that's generally how they win and get away with their bad behaviour. Whatever you do I certainly wouldn't make a decision now. Wait and see what they come up with first.

[BerryN]

Received a letter from HF Solicitors today on a VERY different headed paper than usual.

 

It says:

 

Dear Miss Berry

 

RE: Request for information on HBOS account number 7/..........

 

With reference to the identical requests made to this office and to our clients Robinson Way & Co Ltd please be advised that we have investigated into this matter and respond as follows:

 

1) Neither Horwich Farrelly nor our clients Robinson Way & Co Ltd are the creditor in this matter, we are merely working as agents of the creditor collecting the debt on their behalf.

2) With reference to point 1 any requests for documents should be made to the original creditor in this matter which our office believes to be HBOS.

3) Please find your postal orders which you provided as your statutory fee.

 

This office would advise that should you wish to be provided with the relevant documents that you make a formal request to the original creditor. We have placed the account on hold to enable you to make said request.

 

Should you have any queries concerning your account please do not hesitate to contact this office.

 

Regards

 

Horwich Farrelly

 

 

 

 

(someone has actually hand-signed the letter "Horwich Farrelly" if that makes any difference)

 

What is my next move....??

[Curlyben]

Oh dear.

Another HF's steaming pile.

 

Under s175 of CCA they are talking cobblers as ever.

 

Where under this Act a person is deemed to receive a notice or payment as agent

of the creditor or owner under a regulated agreement, he shall be deemed to be under a

contractual duty to the creditor or owner to transmit the notice, or remit the payment,

to him forthwith

Basically this says they must pass it on to the OC for action.

[BerryN]

that is what I thought - what do I do then?

[Curlyben]

Try this for size.

Edit as needed.

 

Thank you for your letter of BLAH, the contents of which are noted.

Frankly, I am surprised of the need to remind a firm of solicitors about the terms and conditions surrounding my Consumer Credit Agreement request (Consumer Credit Act, 1974); received by yourselves on xx/xx.

 

May I remind you at to the contents of section 175 of the CCA:

175. Where under this Act a person is deemed to receive a notice or payment as agent

of the creditor or owner under a regulated agreement, he shall be deemed to be under a

contractual duty to the creditor or owner to transmit the notice, or remit the payment,

to him forthwith.

 

I believe that it is your duty, as agent, to inform the original creditor of my request and act accordingly.

 

The Consumer Credit Act allows 12 working days for this request to be carried out before your company enter into a default situation. If the request is not satisfied after a further 30 calendar days, Your company commit an offence. These time limits expired on XXXXXXXX and XXXXXXXX respectively.

 

As you are no doubt aware subsection (6) states:

 

If the creditor under an agreement fails to comply with subsection (1)—

 

(a) He is not entitled, while the default continues, to enforce the agreement; and

(b) If the default continues for one month he commits an offence.

 

Therefore as at 12 DAYS this account became unenforceable at law and it is now my intention to refer this matter to the enforcement authorities.

 

As my properly format request has met with non-compliance from yourselves the time limts are still in operation and I await your rapid response.

 

I would appreciate your due diligence in this matter.

 

Yours faithfully

[oneofakind]

Well, you could either remind them of S.175, or just CCA the original creditor direct. Let HF go into default of your request...

 

More fun rubbing their nose in it, though!

[renegotiation]

She will soon be one of their arch tormentors. :D

[BerryN]

Do I have to CCA HBOS or can I just annoy HF as by law it is their fault if it goes into default (which it has BTW!!!)

[BerryN]

With the letter you have kindly put up for me Curlyben, they have sent me my CCA request back to Robinson Way & Co and to them with both postal orders back....... How do I play it

[Curlyben]

You could add a line

I refer to my previous letter of DATE, a copy of which I include for your perusal.

 

Send it back to HF and watch them squirm

After all THEY want YOU to pay THEM not HBOS.

So make them do the work that they are meant to be doing anyway.

[renegotiation]

Just for the record the Post Office do exchange filled out postal orders for new ones if you have the receipt. They did for me anyway.

[BerryN]

Yer but what about the postal orders? Do I send them back with it?

[Curlyben]

Yep you must send the fee back with the letter.

After all THEY are in correct here, what you have done is correct.

[renegotiation]

If you're sending them back to the same place then yes.

[BerryN]

OK. will do letter and take copies of what they sent me and send it back ( I keep the copies and send them the originals - correct?)

 

Low life scuzz buckets!!! Take so much of my time... grrrr!

[BerryN]

they didn't date their letter...... idiots

[renegotiation]

Time means nothing to them, just money. Keep the originals that they send you.