Yup, no optimism where HFC are concerned I'm afraid. You'll get your own back one day. Just photocopy the cheque when you get it... attach it to a photo of you in the pub drinking a few bevvies. It'll wind up their staff no end

:lol: :lol: :lol: :lol: :lol: :lol: Not likely. I've got a claim with the FOS which, in the initial investigation, found in my favour. However, it has now been referred to an adjudicator. If you have a claim in with the FOS then you can expect a turnaround of around 14 months. HFC are basically corrupt. They know full well that their PPI policies were sold in a less than satisfactory manner and were rightly admonished with a million+ pound fine because of it. They were told to handle PPI complaints in a certain way but have continually refused to do so. I hope that they continue to fudge my own claim because nothing would give me greater satisfaction than to see them in court.

Haha... well you know me. Got a new PC so should be around more often now. No probs *tips hat

Might be a good idea then to defend the action and send a CPR letter to the company requesting disclosure.

Have you got a copy of the original loan agreement?

They are allowed to chase SB debts. If you notify them in writing that you will not be paying on the basis of it being SB, and can provide proof that this is the case, then contacting you from that point could be considered unfair. Best to write to HFO with the SB letter and then wait to see if you receive any responses after that. Only then will you be able to complain to the FOS.

It was a bit of an in-joke

I'm sure I had an issue with HFO and Turnbull once upon a time

Weird... they still refuse to pay out on mine!

Nice one. Happy ending

No problem. Good luck with your claim.

Might I just add, I normally I wouldn't provide a draft note but it'll work all the same. A letter I sent to the Claimant's solicitor (where yours should also go) read like this: When they failed to respond, I sent this: I called them on the same day and was asked to email the letters; two days later a cheque turned up.

Change para. 5 to read: On the N252 your second figure should be £60 more than the first: Put the same figure in the bottom part where you put TBC too. Now, you send the N252 to the Claimant and a copy of the draft note. Give them 21 days. Then write to them again AND call them on the same day. You'd be surprised how quickly they'll be willing to pay up

What alternative legislation has been quoted in your cases which has allowed a lender to get away with the practice I have challenged in my OP? I agree with you on the OFT guidelines being just that; but the CPUTRs are statute law and there's no hiding from them.

Will need to see a copy of this NOA before advice can be given.

You weren't looking hard enough then; the Consumer Protection from Unfair Trading Regulations 2008 is something I have been using to help people for some time now. I can single out each and every single term which applies to this sort of behaviour if you so wish? It's not a grey area of legislation, it's just no-one has used it to its fullest effect yet. In 2004/05/06/07 people started using the Consumer Credit act 1974 to challenge unfair agreements; that's some 30 years after the legislation was introduced. Was it powerful legislation? Yes. Did people use it to the fullest effect in the early years? No. Did lenders ignore the statute? Yes. Are they paying the price for doing so? Yes. All of this adds up to which tactics you are willing to adopt in asserting those rights.

Well I know they don't play by the rules, that's why I have offered this post as a way of preventing further charges/borrowing. If you are informed of your rights there is no excuse for the lender to ignore them.

Subject Access Request then

Not sure you need to do anything. The CCJ will be removed from your credit file sometime this year. Have you actually paid the CCJ?

This would be going to the FOS if it was me...

Not at all likely. It's been one of those debts that was brushed under the carpet. That the lender, or DCA, has failed to act until now is not really my fault now is it There was a miscellaneous amount on my credit file which appeared out of nowhere under the name of Lowell; I wrote to them under the normal function of trying to find out what it was for. Turns out it was for this. However they still haven't provided written proof of liability in the form of a contract. Default drops off in two months anyway. vjohn82 1 - Lowell 0 Thanks

Yes, this was a case I was alerted to some months ago. The Judge ruled: A simple denial of liability appears sufficient in common law which is why it is important to mark your communication as such (should you decide to correspond at all).

Thanks. I could probably word it better but the argument is there for all to use.

I have a dream...

They have a certain person who looks like a chipmunk with bingo wings who works there; I'm led to believe that their sausage size fingers sometimes hits the "Enter" key rather than the "Del" one...