PriorityOne vs. HFC (Marbles)

[PriorityOne]

Ok.... here we go...

 

Have been quite happy to pay this one for some time, albeit at a greatly reduced level, with all interest frozen.

 

Every so often however, I've had these really annoying 'phone calls wanting to know if I could pay more, blah-de-blah... These didn't cause me any real grief... so just said "No, I can't, sorry"... or words to that effect and away they went... until receiving a particularly nasty one around 2 weeks ago. I then decided to send a bog off letter, linking it to this conversation... and since the little twit was threatening a CCJ and property charge .... a CCA request under separate cover as well.

 

Received a "Special Delivery" letter today.... with an Application Form that looks as if it might be trying to double up as a CCA .... so will need to have a closer look.

 

So, my question is.... has anyone ever had an enforceable CCA back from HFC (Marbles), circa the year 2000 ?.... or are Application forms normally sent out in response to a CCA request ?.... in the hope that we know no better....

 

[PriorityOne]

Hmmm... looks like a pre-contractual Application Form.... with no prescribed terms on the signature doc. Oh dear....

[pt2537]

oh well

 

guess thats game over then;)

 

no enforcable debt

 

oh dear indeed

[PriorityOne]

Letter to be drafted over the week-end.... ... Stupid bergers.... Went and bought a brand new file the other day especially for HFC !!... although I very much doubt this'll be the last of it somehow.

 

[pt2537]

Nah, probably wont be the last of it but there you go,still it gives you something to keep you amused during the winter months doesnt it

[linz2011]

I would be interested to see a copy of your response P1

[PriorityOne]

Probably a cut and paste job from all the other stupid bergers that have been told to bog off over the past few months.... lol ! ... outlining my "concerns"....

[PriorityOne]

Update time....

 

Received a nice letter thanking me for my complaint.... saying that "my comments are extremely valuable" ... the Executive Complaints Dept will "examine the background carefully", investigate the "situation" and get back to me shortly.

 

In other words, they will have a darn good search for the CCA... and then give me a load of waffle about my responsibilities...

[The GodMother]

yer i would just ignore the waffle i do.

[PriorityOne]

Well, they obviously can't find the CCA.... as I've just received a "dummies from the pram" letter this morning; interpreting my letter to them with wording that I never actually used... . Shows they have a deep understanding of their legal position then.... lol.

 

All I have said is that the account remains in dispute and that the form the have sent is an Application Form, complete with Application Number, no terms & conditions, APR or anything else. The have tried to draw my attention to the little "This is a CCA" box on the App. Form.....

 

Oh dear.... Looks like I'll have great fun picking this one apart.... their letter is a 2-page attempt to convince me.... finishing with a comment that my complaint is at "an end".

 

I don't think so.

[PriorityOne]

Well, no response to my reply back to them... no more 'phone calls either.

 

Standing Order cancelled for December...

 

No doubt I will now hear from the delightful Restons/Weightmans at some point.

[PriorityOne]

Update...

 

No letters as yet, but have today received 2 calls to my mobile 'phone (unanswered, of course)... presumably because of the SO not going through last month. Nothing to the landline as yet though.

[The GodMother]

well at least its the mobile as you can just turn that off.

 

Chrissi

[PriorityOne]

Finally received a call on the landline...

 

Nice man... mentioned the amount (allegedly) outstanding.... I mentioned the CCA request.... he went silent and said he needed to check the screen... waited.... waited.... then said something else about the amount (allegedly) ourstanding... I reminded him that HFC were now in criminal default of a legal request.... silence.... then reminded him that a request was also made to contact me in writing only and that this call would be logged, along with any others.... more silence...

 

He then APOLOGISED , said that my number would be removed from the database immediately.... and said goodbye !!!

 

!!!

[robcag]

Sounds like you had him by the short and curlies P1, well done!

 

Rob

[The GodMother]

Well that seems to have done the trick.

 

I hope he had some cream for slap he got.

[debtsurvivor]

Oh well done P1 - I will be looking in to see how things are going.

 

They really don't seem to understand that they are better off just accepting the money we can afford and are willing to pay.

 

I'm in a similar possition with a Tesco cc at present, they sent a 2 page reply telling me that the copy application form, (no sigs) was valid and ending "...we see no reason to enter into further corrispondence.......we will be pursuing for the full repayment."

 

I have told their DCA to bog off the accounts in dispute, but I doubt it will go away at this point.

 

But thank you for your inspiration over the last year, I would not have taken this attitude 12 months ago.

 

PS life is easier since I decided to change telephone numbers.

 

Best Wishers

 

DS

[PriorityOne]

Still eerily quiet.....

 

Strange.

 

No reply to last bog off letter (November '07)....

 

No more 'phone calls....

 

No letters....

 

Sounds too good to be true.... so it probably is.

 

Will keep you posted though.

[moggieb]

Probably just realised that they are not dealing with their usual run-of-the mill, lay down & die type of customer:D

[The GodMother]

hahahahahahahaha P1 lay down and dyw never whilest fighting this ijits.

[gordonsanderson]

Hi P1,

If you have a look at 1 of the threads i started ,HFC did eventually find what was their attempt at a CCA( 2 pages), but with unreadable t&c's and not having supplied the default notice that is part of it, they are in criminal default and have been for while now, yet they are still persistant in telephoning me 3-4 times every day, all of which has been logged, so i've been drafting up 3 complaints to the OFT, Trading Standards, and The CO. When these have acknowlegded my complaint then i will be going through the small claim procedure to reclaim my PPI. (still waiting for my SAR Subject, Access, Request, they have about a week to go).

Regards Gordon

[gordonsanderson]

Hi P1,

To save you looking through i've found the info, below is what HFC class as an enforceable agreement,

http://i272.photobucket.com/albums/jj161/nodrog1972/CCA1b.jpg

http://i272.photobucket.com/albums/jj161/nodrog1972/CCA1a.jpg

 

Reagrds

Gordon

[PriorityOne]

Morning everyone....

 

Looks like I spoke too soon. Received an ambiguous letter from HFC this morning, so am trying to work out their next move. They don't want to talk to me any more apparently !

 

They apologise for not being able to "resolve the matter to your (my) satisfaction".... they stand by the contents of their last letter and now "have nothing further to add to this matter".

 

The Bank's internal complaints procedure is now "exhausted" (Yeah, I bet it is... lol )... and no further correspondence will be entered into unless it comes through the FOS.

 

Any further correspondence from me "will be read, filed, but not responded to". How very RUDE.

 

Oh well.... gut feeling is telling me this will now get farmed out to an external DCA, rather than be flogged to death through Weightmans/Restons, but you never know.

 

I will try and have a look at your thread at some point today, Gordon... they do like trying to get you on the 'phone though, so try not to be intimidated by it. There's usually a space-age gap before anyone talks anyway.... giving people enough time to work out who it is and hang up.

 

[PriorityOne]

Hi again Gordon,

 

I've had a quick look at the links and think that HFC may try and follow this one through to court. You need to have it analysed properly on the thread below...

 

Consumer Credit Act Agreements

 

... in order to have it checked out properly. Peterbard is the chap you need.

 

[gordonsanderson]

Hi P1,

If they were to go to court.....I'd love it as they have meesed me about for years, and give false info to the FOS, they have mis-sold me PPI, if you look at the CCA you'll see i've been charged twice for PPI (ASU from hamilton on the second sheet appox £80) and a whopping £3600 for ASU from HFC, also notice the boxes at the top on the right say "tick where applicable" as you notice they were pre-entered electronicaly and not ticked by hand.

They are goosed so they can do what they want, i've got everything i need to hit them where it hurts.

Regards

Gordon