Hi everyone, Sorry to hassle, but I wondered if there was anyone who can suggest a way forward and a reply to HFC? In my previous post I forgot to mention that a SAR WAS sent to HFC and also a follow up reminder (using the CAG template letters) despite HFC stating in thier letter that they had not received the same. Should I make a new application for a SAR or should I "call it a day" and make a pro rata offer to repay based upon my available income?Any advice would be gratefully received.

***UPDATE*** I attach a copy of a letter that I have today received from HFC Bank in reply to my letterof 3 November. I am not entirely sure how to reply to their letter or what to do next and would appreciate any help or advice that any CAG members can provide. As far as I can see, the current situation is: 1. HFC have now refunded the PPI premiums (and interest at 8%) as offered in their previous letters to me and in response to my complaint. However, following advice from dx100uk, I refused their offer as it was apparent that the refund had been calculated incorrectly. HFC's original offer stated that I also had to enter into a new agreement with the Bank, although they now seem to have quietly "dropped" this requirement following my objections!!!! 2.HFC have failed to make any comment whatsoever or offer of refund concerning my complaint and request of a refund in respect of the joint life cover premiums (the loan was in my sole name) that Household Bank added to the agreement along with the PPI premiums without my consent. 3. Although my loan agreement with Household Bank states that Household Bank is a "Trading name" of HFC Bank Ltd there is no reference to HFC being the creditor only Household Bank. In view of this I cannot see how HFC can state that they are now the creditor in respect of my loan when they appear to have implied that they have not complied with the requirements of the law of Property Act concerning assignment. If HFC's argument is followed then surely I would owe the money to HSBC Bank PLC and not HF as HFC is acompany owned by HSBC BanK? Any advice and comments I what I should do next or how to reply to HFC would be gratefully received as I am now totally confused and feel that I am being "harrassed and bullied" into agreeing something that I should not do. Monkeymad1 Received HFC letter - December 2011.pdf

I attach a draft copy of aletter that I am proposing to send to Beneficial finance in reply to their letter to me.I would welcome any comments.Monkeymad1 Draft Beneficial (HFC) letter 03-11-2011.doc

Following my last post I sent the letter to CapQuest and eventually received a reply advising me that they taking no further action and closing their file. I have now received the attached letter from Beneficial Finance and would welcome any advice that you are able to give. To recap, following a letter from HFC Bank dated 10 March I sent a request for a SAR in March 2010. This is still oustanding.HFC advised me in their letter that my account was closed on 29 January 2010 but I have not been served with a termination notice or a default notice. In addition, HFC have refused to provide me with any details as to how my "consolidated" loan was calculated taking into account settlement of and repayment of previous PPI and loans that I had with HFC!!!!!! HFC made an offer in their letter to refund the PPI premiums but their calculations do not add up. They have made no offer to refund the joint life policy premiums which they added to the loan without my consent. (The loan was in my name only). Furthermore, HFC are insisting that I take out a new loan with them taking their PPI refund into account although I definitely do not wish to do this (presumably as they know the original loan is unenforceable!!!) .I am going around in circles! Sorry, forgot to attach the letter! Received Beneficial Finance letter October 2011.pdf

Cornwall CAB have recently discovered that the Provident have been buying unenforceable debts to promote their loans and have issued the following statement::" I have been aware for some time from internet forums that Provident have been buying unenforceable (usually statute barred) debt and using their local collectors to offer Provi loans to pay it off. Obviously the original debt may be unenforceable but the new one won't be. Hadn't seen it locally until todayI have attached an anonymised scan of their letter for those who have never seen Provident offer a 0% loan and a 10% discount before! (And we may be able to consider you for future credit.....).I am extremly concerned that a number of financially vulnerable people may get caught up in this and would welcome any comments from fellow caggers.Monkey Mad1

Hi All,Further to my earlier post, I now attach a draft of a letter that I propose to send to CapQuest.I would welcome any comments and also any advice and assistance with regard to my earlier post.As always, and in anticipation, thank you for your help.Monkeymad CapQuest (HFC) letter 26-08-2011.doc

Sleepingdog, Thanx for your reply and I regret the delay responding to your question. The DCA is called Allied International and they are based in Glasgow. I attach a draft of a letter that my wife sent to the DCA the original of which she sent on 11 February together with an up to date copy of her financial statement. to date she has not received a reply, but the DCA have left at least 15 messages on the answerphone at home in the past week requesting that she telephone them to make payment in full. Your advice would be appreciated. Monkeymad Julie DCA (MBNA) letter 10-02-2011.doc

My wife has an MBNA credit card which she took out several years ago, transferring a balance from another credit card. Last April following financial difficulties she was served with a default notice and as a result she sent a financial statement to MBNA and agreed a repayment plan in respect of her card balance. Today, out of the blue, my wife has received a letter from a DCA requesting payment of the outstanding balance of her card in full (£2,500) within 48 hours!!!! The DCA started their letter by saying "We have been instructed by our client....." My wife has advised me that apart from the default notice issued by MBNA last April she has not received any other notices or a deed of assignment from MBNA. I seem to recall from replies to other threads that in situations where a DCA is not the owner of a debt you can refuse to speak with them and demand that the file is returned to the creditor. This is becase the debt has not been assigned under the Law of Property Act 1925. Am I correct? If so, does anyone have a template letter (or point me in the direction of a template letter) for my wife to use to send to these morons. Any help will be gratefully received. Monkeymad

As always, thanks for the advice johnnymitch. I will email Mr Thurston and see what happens although before doing so I will take a bit of time to formulate the content of my email. Monkeymad

*** POSTSCRIPT *** I have just realised that the letter I received from G D G Solicitors is dated 10 July and was sent to me by 2nd call post and received this morning (19 July) therefore giving me 1 day to reply to their deadline!!!!! Deliberate ploy by these idiots to impose unachievable deadlines? Monkeymad

*** UPDATE *** I have received another "standard" letter from D G Solicitors and I attach a copy with this post. It is plainly apparent that these idiots have chosen to ignor my recent letter to them. Not surprising considering the history of this matter and the fact that they, HSBC and Metropolitan have all ignorred my earlier correspondence from the CCA request onwards!!! Can anyone suggest a suitable reply or should I just ignor their letter and see what happens? Alternative should I write to DG and refer them to my earlier letter and also incorporate the CAG "withdrawing implied consent for access to my property" letter? If so, should I bypass D G and send the letter (by registered post) directly to the group chief executive of HSBC, Mr M F Geoghegan or the group charman, Mr S Green for their personal attention? (I bet I would get a reply!!!!). Any help or suggestions would be gratefully received. Monkeymad. P.S I note the recent comments of MIKE770. It hope everything works out for him. It appears as though I am in for the "long haul". I get the impression that HSBC and their cronies ignor any requests that make life "uncomfortable" for them! Received DG Solicitors letter 10-07-10.pdf

Thanks johnnymitch and CB for the compliments and encouragement. I will post again once I receive a reply from D G Solicitors. Monkeymad

Johnnymitch, Thank you for your invaluable advice. I now attach a copy of the letter that I have today sent to D G Solicitors. I wonder if I will get a reply? Any further advice will be gratefully received. Monkeymad DG letter 09-07-2010.pdf

johnnymitch, thanks for your prompt reply. I will write as suggested. However, based upon previous experience I do not anticipate that they will reply.

Hi barclaycard, I attach a copy of a leaflet for the CAP service. I have not used this service myself (or for my clients in my capacity as a Housing Association Finacial Inclusion Advisor) so I cannot vouch for their effectiveness. CAP Leaflet.pdf

Oops! Forgot the attachment. Hopefully copy of letter received from D G solicitors now attached! Received DG Solicitors letter 25-06-10.pdf

Hi everyone, Just to let you know that as expected I have now received the standard "URGENT - NOTIFICATION OF INTENDED ACTION" letter fom DG Solicitors. I attach a copy of the letter for information. Needless to say these idiots have failed to reply to any of my correspondance and have still failed to supply details of the original agreement (Just a copy of the terms and conditions). From first impressions their letter appears to be in breach of paragraph 2.4 of the Office of Fair Trading Debt Collecting Guidance. I now propose to send these idiots a copy of Johnnymitch's recent letter. However, does anyone have a suggestion for a further letter to cover D G and Metropolitans failure to reply to my request for a refund of PPI and HSBC's silence concerning my request to return my overdraft balance to zero following their unauthorised debits to my account to pat the loan installments. Any advice would be welcome Received DG Solicitors letter 25-06-10.pdf

Hi all, I wonder if there is anyone who can help me with a dispute that I currently have with Barclaycard. Basically, due to unemployment for 12 months and then having to take a part time job on a substantially reduced income, I suffered financial difficulties and fell into arrears with a number of my creditors including Barclaycard. I sent several letters to Barclaycard and also tried to telephone them to explain my change of circumstances but they have ignorred me completely and added substantial pentalties for late payment a, interest and other charges to my account. I sent a CCA request in January using the CAG template but to date I have not received a copy of my agreement, just a copy of their current terms and conditions. I subsequently sent the "account in serious dispute" letter again using the CAG template and I attach a copy of their reply. I will be grateful for any advice that you can give with regard to my next move and a suitable reply to their letter particularly with regard to their comments concerning the Civil Procedure Rules. Monkeymad1 received Bcard letter 16-03-10.pdf

I have been reading the comments on this thread with interest. I can sympathise with Dotty50. When I had difficulties paying my loan due to unemployment and offered token payments, Lloyds wrote to me and said "rather than accept token payments, we (Lloyds TSB) prefer to refinance our customers who are facing financial difficulties"!!! I think that this comment says it all and, after I wrote back advising Lloyds that the Banking Ombudsman would be interested in their comments, (with a copy to Eric Daniels, Chief executive) they suddenly agreed a repayment plan! I now have an issue with my Lloyds TSB credit card where I have been threatened with cancellation of the agreed debt repayment plan because I have been regularly paying more than the agreed monthly amount!!!!!!! They stated in their letter that they only wanted the agreed sum each month and that paying additional amounts I was breaking the terms of the agreement! The staff employed by this bank are complete idiots. My advice, argue and question everything, keep copies, and send a copy of all letters by recorded delivery to Eric Daniels with the envelope marked "private and personal". From my experience, I guarntee that you will get a prompt reply!

Hi all, I wonder if there is anyone who can help me with a problem that I am having with Capital 1. Basically, I was "persuaded" to enter into a repayment plan with them following various threats to take me to court for non payment of my credit card. The amount "agreed" was forced on me by Capital 1 even though I had previously provided to them a financial statement which quite clearly showed that my disposable income was insufficient to pay this sum. I have been unable to meet the payments and as I consequence, I have been receiving a number of phone calls every day demanding payment in full. These calls started in February and I receive on average about 6 or 7 calls each day, including Easter Bank holiday Monday! Having read the various threads on this forum I sent Capital 1 the debt collection template letter for harrassment by telephone and I have now received the attached reply. I would welcome any comments and help that anyone can provide on what to do next. I would also appreciate any assistance that can be given with regard to preparing a suitable reply. Monkeymad Received Capital 1 letter (1).pdf

Thanks vjohn82 for your kind comments. The enormity of what has happened suddenly hit me last night! Basically, the claimants have an injuction against me in the High Court proceedings, the unintended consequence being that I could not obtain information to prepare my defence to the County court action (a point conceded by the claimants yesterday). The Judge dismissed the claimants county court claim on this basis agreeing with me that the County court claim could be dealt with in the High court action. I now realise that the claimants are "boxed" into a corner. They can either drop the injunction so that they can reinstate the County court claim in which case my solicitor has agreed to sue them for substantial damages on a no win no fee basis, or they can continue with the injunction in the High court (which I will agree to on an indefinite basis) which would then preclude the claimants from taking any further action against me in the County court! I am in a win, win situation whatever happens!

UPDATE I attended court today on the claimants application to set aside judgment. Luckily, the hearing was before the same District Judge who dismissed the claimants claim originally due to non attendance.. The Claimants stated that they failed to attend because they "forgot"!!!!!:grin: The Judge accepted my submissions that the case should be dismissed due to the fact that the sme claim had been incorporated into the concurrent High Court proceedings and I was awarded costs. The Judge also made in quite clear to the claimants in no uncertain terms that these proceedings should not have been issued in the first place and that the claimants were "out of their depth". He also complemented me on the quality of my submissions and my presentational skills. Result!!!!!

As expected, the inevitable letter from DG solicitors arrived yesterday threatening me with legal action in 14 days unless I pay up. The copy agreement that was sent to me was actually a copy of the latest terms and conditions! In view of this, I have today sent the letter that johnnymitch provided to me in his reply of 12th January. I will now wait and see what happens! In the meantime, I will apply for a refund of my single premium PPI. I was waiting until I receive a copy of the agreement before making this claim, but as I could be kept waiting until the end of time, I feel that now is as good a time as any to make my claim for a refund. Any suggestions on an appropriate letter template?

Thanx dx100uk, I will pm the spreadsheet to you once I can find time to prepare one. Unfortunately work gets in the way!!!!!!! Interestingly, when I got home from work last night I found a statement had arrived in the post from Beneficial Bank (HFC) which shows that the current balance on my loan is £1,000 less than the amount stated in their letter replying to my PPI claim!!!!!!

Thanx dx100uk, It is interesting to see that HFC use the same approach with all their customers. Good customer service!!!!!! Have not yet done the spreadsheet, will work on it tomorrow. Restons have made no effort to contact me ever since I sent them the CAG letter about the CCA request to HFC in Dec 2009. They obviously realise that this account is in dispute and that they can do little at this time. It will be interesting to see what happens next now that I have submitted a SAR to HFC. Do you think it is worth my while writing back to HFC in reply to their letter?