DBY vs Weightmans/HFC

[pt2537]

the amendments look fine to me

[Hopeful1]

I have since received letter asking for permission to apply for a charging order from Weightmans. I have written to them reminding them of their duties and that i am waiting for HFC to comply. Their letters since (so far) have had far softer tone.

 

So they want you to change an unsecured debt that they can't enforce, into a secured debt that they can enforce????

 

Hmmmm. you'll have to give that one a lot of thought

 

I will be asking questions as to how they can collect payments but still not even provide a statement of acc. I intend to make a complaint to the Law Society when i have dealt with some of my bigger fish!!

 

The law says they can't, but they seem to break laws and regulations with complete impunity. It's about time the law grew some bloody great claws

 

Surely, this is now unenforcable

 

The point is there are people who will receive such a letter and panic, as it says if you don't sign they will have to take it to court. I had one last year pre-CAG and in desperation offered higher payments, which i couldn't maintain. Now i know the debt is unenforceable i understand why they accepted increased payments and ceased any ' further action'.

 

Obviously post-CAG it's a different story

[DBY]

Hows this?

 

Just a quick question, before I send off the latest letter to Weightmans, they returned my £1.00 postal order for the CCA request, should I send it back and re CC them, or just send the letter as it is?

 

Thanks guys

 

Neil

[spamheed]

You need do nothing, you are now waiting for them to fulfill your legal request for the CCA.

 

If they don't want your money, that's their problem, you still want the document.

 

I take it you have proof of posting

 

Was there a letter accompanying the returned payment?

[DBY]

You need do nothing, you are now waiting for them to fulfill your legal request for the CCA.

 

If they don't want your money, that's their problem, you still want the document.

 

I take it you have proof of posting

 

Was there a letter accompanying the returned payment?

 

Yes, letter was sent recorded plus their returned letter states as follows.

 

'In response to your recent correspondences asking for a copy of the original agreement and other paperwork, we confirm that we are not able to supply these documents and return your postal order in the sum of £1.00'.

 

Please contact your local HFC bank for the requested documents.

 

If you fail to contact ****** on 0151 242 6812 within 10 days from the date of this letter we will have no alternative but to take further action against you.'

[spamheed]

Yes, letter was sent recorded plus their returned letter states as follows.

So you can prove it was sent

 

'In response to your recent correspondences asking for a copy of the original agreement and other paperwork, we confirm that we are not able to supply these documents and return your postal order in the sum of £1.00'.

They tell you that they don't have the CCA, so what is it they're trying to enforce? They aren't saying they not obliged or unwilling to send them, they're saying they aren't able to provide the documents

Please contact your local HFC bank for the requested documents.

The DCA are responsible for fulfilling your CCA request, either by directly providing you with the documents, or forwarding the request to the OC

 

If you fail to contact ****** on 0151 242 6812 within 10 days from the date of this letter we will have no alternative but to take further action against you.' How can they take further action when they don't have anything to enforce?

Do nothing and see what comes next,

If they don't know their obligations under the Consumer Credit Act, then why remind them, let them default on the CCA request, you have it documented dfrom them that they can't provide the CCA, so either their trying to collect on an unenforceable debt, or they don't have a clue what they're doing and should have passed the request on to the OC

[DBY]

Yes, letter was sent recorded plus their returned letter states as follows.

So you can prove it was sent

Yep.

 

'In response to your recent correspondences asking for a copy of the original agreement and other paperwork, we confirm that we are not able to supply these documents and return your postal order in the sum of £1.00'.

They tell you that they don't have the CCA, so what is it they're trying to enforce? They aren't saying they not obliged or unwilling to send them, they're saying they aren't able to provide the documents

Yep.

 

Contact your local HFC bank for the requested documents.

The DCA are responsible for fulfilling your CCA request, either by directly providing you with the documents, or forwarding the request to the OC

Which theyre refusing to do.

 

If you fail to contact ****** on 0151 242 6812 within 10 days from the date of this letter we will have no alternative but to take further action against you.' How can they take further action when they don't have anything to enforce?

Thats my stance.

 

Do nothing and see what comes next,

If they don't know their obligations under the Consumer Credit Act, then why remind them, let them default on the CCA request, you have it documented dfrom them that they can't provide the CCA, so either their trying to collect on an unenforceable debt, or they don't have a clue what they're doing and should have passed the request on to the OC

 

Fair enough - watch this space for any update!

[DBY]

To date still have not received anything from Weightmanns since they sent me my 1 GBP back. Would there be a DOA involved in this? and if so, would weightmanns need to produce this?

Thanks

DBY

[spamheed]

I wouldn't stress on it, just wait to see what, if anything , they do next.

 

They've already provided you with ample ammunition, they are still in default of your legal request, the longer it takes them, the better it is for you.

 

What you're really after is 12+ months without a response to your request, then they can't do sh*t

[DBY]

I wouldn't stress on it, just wait to see what, if anything , they do next.

 

They've already provided you with ample ammunition, they are still in default of your legal request, the longer it takes them, the better it is for you.

 

What you're really after is 12+ months without a response to your request, then they can't do sh*t

 

Cheers spamheed, better settle in then!

[DBY]

I wouldn't stress on it, just wait to see what, if anything , they do next.

 

They've already provided you with ample ammunition, they are still in default of your legal request, the longer it takes them, the better it is for you.

 

What you're really after is 12+ months without a response to your request, then they can't do sh*t

 

Still nothing.

[DBY]

Hi guys and gals, wondered if you can assist me here!

 

Please see the attached CCA. After waiting over a year this finally came through my letter box this morning.

 

Questions I ask is firstly, looking at this document, it is not enforceable for 2 reasons.

 

1. The APR calculation is incorrect.

 

My workings are as follows.

 

Amount of credit : £749.00

APR rate 21.8%, so;

 

21.8 (APR)/2 = 10.9 x 4 (yrs) = 43.60

£749 x 43.6% = £326.56 (interest)

 

Total repayable = £749.00 (loan)+ £326.56 (interest) = £1075.56, plus the £29.99 depost paid = £1105.55 - not £1122.47 as theyve stated. 17 quid is seventeen quid

 

So even by the alleged CCA, their information is incorrect and misleading? Yes?

 

2. The terms are not associated with the original credit agreement.

Why? Well the font is somewhat different plus there should be 6 pages to this credit agreement as detailed in the bottom right hand corner of the CCA. Notice the terms do not have any page number whatsoever. What happened to the rest of the pages? plus the terms are extremely difficult to read, not clear like the first page.

 

Appreciate your help guys!!

TBI CCA.pdf

[DBY]

Can anyone help?

 

Thanks

[Pinky69]

I would certainly want to know where the missing 3 pages are and what was on them so they have not fulfilled your CCA request and you can put the account into dispute until they do.

 

The APR is not the same as straight interest but the Annual Percentage Rate which can vary depending what factors are included in it. I have put your figures through two separate APR calculators. One came out as £22.74 and one as £22.75. The figure on the document you have is £22.76. The legal margin of error allowed is

 

You should also have received a Statement of Account stating what has been paid and what still requires to be paid.

[DBY]

I would certainly want to know where the missing 3 pages are and what was on them so they have not fulfilled your CCA request and you can put the account into dispute until they do.

 

The APR is not the same as straight interest but the Annual Percentage Rate which can vary depending what factors are included in it. I have put your figures through two separate APR calculators. One came out as £22.74 and one as £22.75. The figure on the document you have is £22.76. The legal margin of error allowed is

 

You should also have received a Statement of Account stating what has been paid and what still requires to be paid.

 

thanks very much for you assistance, ill be sure to send them a nice little letter requesting the remainder of the documents. As far as the t&c's go would you agree that they are unreadable and do not appear to be part of the original agreement?

[Pinky69]

Agreed. The law says all copies of documents must be "easily legible" and the Terms and Conditions are not. There is nothing that dates them so they could be any T&Cs.

[DBY]

Agreed. The law says all copies of documents must be "easily legible" and the Terms and Conditions are not. There is nothing that dates them so they could be any T&Cs.

 

Just an update, I fired them of a letter requesting a full copy of the argreement, to date they have failed to respond. I then get a ltter through the post from David Jones Solicitors that stipulates that;

 

'We confirm that you have been provided with HFC banks copy of the agreement (pages 3 & 4), two of the other pages were given to you and the other two pages were kept by the retailer. Therefore you have been supplied with the agreement and the account is not in dispute'.

 

plus

 

'We also wish to point out that section 77(4)(b) of the consumer credit act was repealed by the consumer protection from unfair trading regulations 2008.'

 

Please help!

[Pinky69]

I would reply that you did not receive any pages in connection with this alleged agreement and the bank should have copies of all the pages in an agreement irrespective of their original destination. Furthermore, the Terms and Conditions you were sent are illegible and there is nothing to link them to the application form. Nor did you receive a Statement of Account. This being the case, HFC are in default of your request for a copy of the agreement and the alleged account is very much in dispute and will remain so whilst the bank remains in default of your request.

[DBY]

Fired back a letter now have received another letter from them telling me they're taking me to court. Additionally they have now set me a supposed statement of account with TBI name written on the top. Their appears to be charges such as a default charge of £50 and others. They're also saying they never sent s Statement of account as u never requested one! They've also posted numerous repsonses to my questions, I'll post a copy here a little later. Again appreciate your help.

[DBY]

Dear all,

 

Wonder of you can clarify.

 

 

I have CCA'd TBI over a year ago,

finally in the last couple of months get page 3 of an agreement

(which contains prescribed terms but refers to other T&C's in another document and actually says page 3 of 6).

Page 4 (although doesnt state page 4) contains ilegible terms and conditions,

however the DCA is adament that this is page 4.

 

I have fired off several letters stating that there is nothing linking page 4 to page 3, I have also requested a full CCA, all 6 pages.

 

No statement of account until end last week where the statement has TBI written across the top.

 

On the statement there is a default fee of £50.00 plus Admin Fees of £15.00.

these charges are not documented anywhere on the CCA they have provided.

 

Are these costs legit?

 

I have for everyone's benefit included the CCA they have sent me.

 

Pls help.

TBI CCA.pdf

[Deb T]

Under the Terms % Conditions under Definitions & Interpretations :Section 5 sub section 1 it does state that some fees can be administered but it is loosely mentioned and it does not mention a fee in respect of a default which presumably is when they'll send a default notice.

 

I'd not allow them to add those costs (or at least I would not accept them as legitimate charges) without first writing to them asking them to show where on the credit agreement terms and conditions does it show that costs may be added default/admin.

 

At the same time as this the original agreement is with HFC, if there is not a provision within their T&C's to allow a collection agent acting on their behalf to add their own fees then they're stuffed at that point also.

[DBY]

Under the Terms % Conditions under Definitions & Interpretations :Section 5 sub section 1 it does state that some fees can be administered but it is loosely mentioned and it does not mention a fee in respect of a default which presumably is when they'll send a default notice.

 

I'd not allow them to add those costs (or at least I would not accept them as legitimate charges) without first writing to them asking them to show where on the credit agreement terms and conditions does it show that costs may be added default/admin.

 

At the same time as this the original agreement is with HFC, if there is not a provision within their T&C's to allow a collection agent acting on their behalf to add their own fees then they're stuffed at that point also.

 

Thanks for your help, would you say the attached CCA is enforceable?

[DBY]

Please can anyone help me?

 

Thanks

[middenmess]

Can you post up the default notice that I presume you received from HFC?

[DBY]

Can you post up the default notice that I presume you received from HFC?

 

Thanks for your reply middenmess, because I moved address I never actually received the default notice. Should I request a copy?