HFC BANK Marbles card and CCA issues mr.p.

[pt2537]

thread moved back to the debt forums

[phatram]

Phone call from DLS. I asked them to send whatever in writing and was told they don't have to as I'm now aware they are going to take further action against me.

[car2403]

Phone call from DLS. I asked them to send whatever in writing and was told they don't have to as I'm now aware they are going to take further action against me.

 

Which will have to be in writing...

 

Time for a reminder about harassment being a criminal offence, if they continuing behaving in a way that you have already told them is causing you to feel harassed.

[phatram]

Thanks to my daughter !

 

 

 

[phatram]

[PriorityOne]

Well it clearly states "priority application form" on the top and as far as I can see, there are no prescribed terms. I will have to dig out what they sent me and see how it compares....

[phatram]

Thanks P1.

[PriorityOne]

Well, mine is also an Application... slightly different to yours, but with no prescribed terms. Yours is a little hard to read, but unless you can find anything to do with prescribed terms on there.... then it's no more than what it says it is; a "priority Application"... no more than that.

 

[phatram]

thanks

[elvisgb]

Any progress on this? - waiting with baited breath....

[phatram]

So am I elvis, so am I

[willtheywontthey]

any updates?

 

I'm about to also ask for a CCA from Marbles as I received the identical you have 65 days to blah blah and must not make any late payments blah. Will update on another thread when I get organised but am finding this thread extremely useful!

[phatram]

Nothing to report .

[phatram]

As HFC are continuing to alter my credit rating (unlawfully?) I have sent the following,

 

On 02/11/07 I wrote to you requesting a copy of the executed agreement for the above account under s78(1) of the Consumer Credit Act 1974. To date, all that you have sent me is a copy of the current T&Cs and an illegible application form. You have not even sent me anything compliant with regulation 3 of the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 - ie a copy of the executed agreement with or without signature boxes. Finally, what you have sent is not compliant with s61(1) of the CCA 1974.

 

In summary, this means that you have not produced a document that could be enforced by a court under s127(3) of the CCA 1974 and neither have you complied with your obligations under s78(1). In fact, you have committed an offence under s78(6) of the Act.

 

Notwithstanding the above, you have put a late payment marker on my credit file. This is an enforcement action which is unlawful by virtue of s78(6) of the Act. Further, since you cannot demonstrate that I have an agreement with you, this enforcement action also violates the Data Protection Principles given in schedule 1 of the Data Protection Act 1998 and is therefore also unlawful under that Act.

 

I will give you 14 days to rectify your various omissions and unlawful enforcement actions. This means I expect to receive a notification from you that you either have removed the late payment markers on my credit file or with a date when you will have done so, and an undertaking that you will cease all enforcement actions until you have provided me with the documentation that I am entitled to under the CCA 1974.

 

If you do not comply with this request within 14 days, I will send you a letter before action giving you a further 14 days to comply before I commence proceedings in the County Court, which I will do without any further communication. I also reserve the right to report your various non-compliances and unlawful actions to the relevant authorities including the Financial Ombudsman Service, Trading Standards and the Information Commissioner's Office.

 

I trust this makes my position clear.

 

If you do not understand any part of this letter you should consult a qualified solicitor.

Yours faithfully

Mr P

[phatram]

HFC

BANK

PO Box 3607, Birmingham Bl 2XJ

 

 

11 April 2008

Dear Mr P

Re: Account

 

Thank you for your recent contact informing us of your complaint.

Your comments are extremely valuable to us and we are concerned that you are unhappy with HFC Bank.

We are personally addressing the issues that you have raised and we will carry out an investigation of the situation on your behalf. We will examine the background carefully and respond to you shortly.

Please find enclosed a copy of our internal complaint procedure for your information. Yours sincerely

Complaints Investigator Central Complaints

[phatram]

The following has just arrived,

 

[car2403]

The key words in that letter are "may" and "if" - I'd say they are hoping for a reaction from you, so they can pressure you in to making a payment.

 

Being a member of CAG, you'd know better than to reply to this, IMHO...

[phatram]

What about the " I acknowledge no debt to you" letter?

[PriorityOne]

We're still running at a similar pace on this one Phatram...only I got CABOT instead of Robbers Way .

 

I sent them a bog off letter last week, which I'll post up for you tomorrow as I'm on a different pc this evening. You can then choose whether to adapt and send it straight away or wait for their next load of tripe.

 

[FANTASY CHARGES]

Hi Phatram,

Gather a copy of all the letters you have sent them regarding your request for your CCA, then also type up a letter stating that they have failed on your numerous requests, then go to John Antell barrister and download the Consumer Credit Act 1974, then look through it carefully (sections 77-79), then create your letter and also state that this letter is you final response to this saga, that they cannot alter/charge or display and penalty of any form while the account is in dispute,then as i said in previous threads,collate all your documentation including the final response that you have typed up, then forward all documentation to Trading Standards, The Commissioners Office, The office Of Fair Trading, and the Financial Ombudsman,(all recorded delivery) then sit and wait.

 

Regards Gordon

 

 

it is important NOT to download the copy of the CCACT FROM THE ABOVE SITE At the moment as it seems to contain modifications that came in due to the 2006 amendments ..... will the mods please comment on this statement

[phatram]

We're still running at a similar pace on this one Phatram...only I got CABOT instead of Robbers Way .

 

I sent them a bog off letter last week, which I'll post up for you tomorrow as I'm on a different pc this evening. You can then choose whether to adapt and send it straight away or wait for their next load of tripe.

 

Thanks P1

[PriorityOne]

Evening Phatram.... here we go. Amend to suit your needs and send by rec. delivery. It's your decision whether to send off now or wait for what they may send you next.

 

 

 

COMPLAINT

 

Dear Sir/Madam,

 

Your Ref : xxxxxx

 

I do not acknowledge any debt to your company and refer to your letter of xx April 2008, the content of which has been noted.

 

I am somewhat bemused by the sale of this account to yourselves, since a request for my Consumer Credit Agreement (Consumer Credit Act, 1974) was received by HFC Bank Limited on xx/xx/xx. HFC have been well aware of their default in relation to this request for some time and have continuously failed to provide any cogent evidence in support of their right to enforce payment. Therefore, I can only assume that they simply failed to inform you before your purchase of this account, in which case, they would not be your clients in the sense that you imply.

 

HFC have also failed to establish that the alleged Consumer Credit Agreement was even contractually assignable in the first place and as such, would be unable to act as assignee of such an account anyway. Since HFC have already stated that no such agreement exists and were only ever able to produce a pre-contractual application form, I respectfully suggest that you liaise with your "clients", before continuing to pursue payments on a disputed (and unlawfully assigned) account.

 

For ease of reference, I have outlined the main points in relation to disputed accounts below :

 

You/your "clients" may not demand any payment on the account, nor am I obliged to offer any payment to you.

You/ your "clients" may not add any further interest or charges to the account.

You/ your "clients" may not pass the account to any third party.

You/your "clients" may not register any information in respect of the account with any of the credit reference agencies.

You/your "clients" may not issue a default notice related to the account.

 

Notwithstanding the above, at no time have I consented to the processing by you of my data in any way that would breach The Data Protection Act, 1998. If this alleged debt had been legally assigned to you, then any personal data relevant to the credit agreement allegedly entered into may only have been passed to you provided that my (the borrower's) authority was obtained in the original agreement. As this is not the case however, then I must point out that you have certainly not requested and I have not given any permission for my personal data to be passed/shared/received by you at all.

 

You may therefore consider this letter a statutory notice under Section 10 of the Data Protection Act, 1998 to cease processing any data in relation to this account with immediate effect. This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies (if applicable). Should you refuse to comply, you must within 14 days provide me with a detailed breakdown of your reasoning behind continuing to process my data. It is not sufficient to simply state that you have a legal right, you must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

I look forward to a favourable response within 14 days of the date of this letter; informing me that on this occasion you have made a genuine mistake and that your files are now closed. Failure to respond favourably however, will result in me reporting this matter to Trading Standards, Office of Fair Trading, The Financial Crimes Branch of HM Treasury and any other authorities as I see fit.

 

Yours faithfully,

[phatram]

Cheers P1,

thats great.

[phatram]

Phone calls have started. Two yesterday, one already today.

The phone drone last night at about 20.10 sounded very intelligent, NOT !!

"You've got to speak to us on the phone", why?, "'cos its in your best interests" why? etc etc.

Letter on its way.

[phatram]

Should I enclose a copy of the letter to HFC where I put the account into dispute for non compliance?