*****hfo default!*****

[redroo555]

hi there,

just wondering if it is correct that hfo, can put a default on my credit file, when the account is in dispute? as i am in the middle of working out charges to try and claim back of b/card?

if so, can i get it taken off?

any advise pleasexx

[cerberusalert]

Have you sent them the "In Dispute Letter"?

[redroo555]

hi there,

i did write the in dispute letter, and my friend posted it for me as i was ill with flu, but she forgot to send it by rec.del!!!

have not heard from the again, but read my credit report, and thats how i found out! they put that on there on the 21/12/08

shall i send it again, by rec.del, for my own proof?

 

one more question!!

i dont understand the following passage about the in dispute letter, as hfo purchased the debt from b/card, they wouldn't have any doc signed by hfo and myself, it would be signed by b/card and myself ! or shall i just put it anyway.......maybe it's just me, not understanding properly, which isn't hard haha

many thanks

 

 

in dispute passage

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the

[cerberusalert]

Send them this one (it's a bit stronger worded)

 

In Serious Dispute

 

Ref:

 

Dear Sir/Madam

 

Thank you for your letters of xx/xx/xx and xx/xx/xx, the contents of which have been noted.

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

 

On the **DATE** I wrote to you requesting a copy of the credit agreement and other information under the Consumer Credit Act 1974 (Sections 77-79).

 

On **DATE** a member of your staff signed for delivery of my written request and I have an electronic proof of delivery showing their signature and the date.

 

To date you have failed to comply with these requests in any way, whether by confirmation of receipt of the request or by supplying the requested documents.

 

These documents I requested should be readily available as proof of your legal right to collect this account under the Consumer Credit Act 1974.

 

In my letter of the **DATE** I made a formal request for a copy of the signed, executed credit agreement for the above account under section 77(1) of the Consumer Credit Act 1974. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore, you are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation.

 

This limit has expired.

 

As you are no doubt aware section 77(6) states:

 

If the creditor fails to comply with Subsection (1)

 

He is not entitled , while the default continues, to enforce the agreement.

 

 

Therefore this account has become unenforceable at law.

 

 

You have failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, failed to send a full statement of the account and failed to provide any of the documentation requested.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act 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.

 

Should you refuse to comply, you must within 21 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.

 

Should you not respond within 14 days I expect that this means you agree to remove all such data.

 

Furthermore you should be aware that a creditor is not permitted to take ANY

Action against an account whilst it remains in dispute.

 

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

[redroo555]

hi there,

thank you so much for your help. very much appreciated!

i will write that now, and post REC DEL tom. morning!

love this site!!xx

 

also, i didn't know untill i came across the following, that maybe i can get it took off, as hfo didn't write to warn me they were going to put a default on my file.

 

 

'The law states that before a default can be issued the lender has to send a default warning letter.

This is an official looking letter that offers the customer a final 28 days to settle. The letter also includes details of what a default is, and the effects of one being lodged against your name, ie might struggle to get new credit.'

Edited January 7, 2009 by redroo555
more text added

[redroo555]

update:

hfo recieved the letter on the 27/01/09, and i have heard nothing from them!

they havn't ever phoned me since before christmas and i sent them a harrassment letter!

do i just leave it now, and wait for them to contact me?

in the meantime, b/c have offered me £300 (taken of the origional debt approx £2400 ) i asked for £900

havn't answered them as yet, as can;t see why they take the money off the debt, when i paid them loads of these charges! am going to say no to b/c, as i want to try to get the money paid to me personally ( wishfull thinking!!!) also, can't see how b/c can amend the debt, as hfo own it now!! it has nothing to do with b/c does it!!

thanks in advance

Edited February 23, 2009 by redroo555
more text added

[cerberusalert]

Just sit back and wait for their next move. It is common for a creditor or DCA to offer a discount for prompt payment. They haven't provided you with a 'true copy' of your CCA and until they do they cannot pursue you. They're trying to be clever with the discount tho', although not overtly still chasing the debt they are still trying to:rolleyes: Why pay them £2100 when at the minute you don't have to pay anything?

[redroo555]

thanks so much for the advice cerberusalert, the £300 was for asking barclays for my bank charges back! i did ask for £900

they said i have 8 weeks to get back to them, or they said i can pass it on to fos.

not heard anything from hfo since nov 08, and that was a standard letter to say that i have 72 hours to contact them or basically , they'll pass over to their recovery specialist fraud and investigation dept. plus any costs it incurs???

do you know , although cheeky!!, if b/c dosn't own the debt, can they pay me personally if and when they made a good offer!!

many thanks

[cerberusalert]

It looks as if HFO have passed your account back to B/C given that 3 months have passed since they contacted you. I think B/C are trying to salvage what they can from this situation. As it stands you don't have to pay them a penny until they provide you with the CCA, they haven't done so. Now why could that be? Possibly because they can't find it, in which case if they offer you the £300 and you accept they will still recoup £2100. If they do have a valid CCA why haven't they sent it and more to the point why offer you the £300.

 

As for B/C paying you cash...I think hell will freeze first:) All they will do is deduct it from the balance of your account.

[redroo555]

it was a good thought though?? ha ha

thanks again for your advice, hope you don't mind , just one more question please!

i cca'd hfo when this all began in oct 08, at the same time i asked b/c for my sar. do you think i should cca b/c, and then leave it there!

b/c sent me all my statements, would they have inclosed a cca with the sar request?

thanks

[cerberusalert]

If there had of been a CCA it would have been included in your SAR.

 

No you do not have to contact B/C again. If they contact you just send them the 'in dispute' letter.

[redroo555]

oh, brilliant!!

thanks so much for helping me, at last , i can try to get back to a bit of normallity, and hopefully forget about it all!

thanks again

[DonkeyB]

HFO is a debt purchase company, so I doubt the debt has been passed back to BC. HFO are slow to act but you will hear from them, I'm sure - just check out a few of the other HFO threads on the forum and you'll realise what a horrible bunch they are.

 

The chances of a valid CCA are low, and they don't follow any rules; your next contact will probably be from their rottweilers (with no teeth), Turnbull Rutherford solicitors. So stick tightly to your thread and you'll be well looked after.

 

Donkey

[redroo555]

hi and thanks for the advice!

i will keep looking on the thread, i think it's quite addictive!!

they don't worry me as much now, so will just sit tight untill they decide to contact me again.

the only other thing is, b/c have said i have 8 weeks to consider their offer. if i have not contacted them, they will assume i have agreed and will close the file on it. i don;t really want to contact them, as i figure to let sleeping dogs lie, but if i don't make contact with b/c to say if i would or would not accept the offer for charges, if they decide to get in contact again, will i be able to challenge it again,

thanks again

Edited February 24, 2009 by redroo555
more text added

[redroo555]

bump!

[cerberusalert]

It doesn't really matter whether you accept or not they will just deduct the refund from the balance of the account.

 

As it stands now with the non appearance of the CCA they won't be collecting the remaining £2100 anyway;)

[redroo555]

excellent!

thanks very much, just didn';t want to leave things and the 8 weeks go by, and then they start again, and they would have thought i had accepted, and i wouldn't be able to challenge the charges again!

will just sit tight then

thanks again

Edited February 25, 2009 by redroo555
more text added