HFC GM Card Am sure its not enforceable, but please confirm

[spartathisis]

I have received a reply to a letter I sent in reply to a solicitors letter found in the first post of this thread. Here: Sols 2nd letter on Flickr - Photo Sharing!

 

I replied stating that the account was still in dispute, that the application form they sent was not a CCA, the t & c`s they sent could relate to anyone, the DN issued should not have been sent as one had already been issued by the OC (and was defective), that no valid Deed of Assignment was provided, no Notice of Assignment provided and also a breif overview of my financial position (no assets, no credit, £30,000 debt & £80pw income). The letter above is their response, help please!

 

I used a template on this site that states that a satisfactory outcome should be the end result. From my point that would mean writing the debt off, but I dont think they want that;) I cant offer a FF settlement as I have no money, they bought the debt from HFC 9yrs ago so have had payments for all that time (approx 15% of the original debt).

 

Suggestions and thoughts welcome, thanks.

[silverfox1961]

hi again,

I think it's time for a formal complaint as they are trying to ignore the law and pressurise you into coming to an agreement.

You need to do a complaint to them first before you can go higher and give them up to 8 weeks to respond.

I would re-iterate what you have already said but include that you would be willing to travel to their offices to view the agreement as they seem to think they have a valid one. They won't take you up on it, i hasten to add.

 

Once you have a response from the complaint which won't go your way (never does) then complain to Trading Standards, the FOS and get your MP involved (they ought to be doing something for the money they get)

[spartathisis]

thanks fox, it has already gone through their internal complaints procedure (carried out by their MD) he felt they had complied, end of and then recieved sols letter and DN. This took 10 days!!

 

Was considering asking them to reply to my concerns over the various points I raised, I am happy to string it out and let them send as many letters as possible costing them as much time and money as possible;).

[havinastella]

when you you last make a payment?

 

Jogs

[spartathisis]

Hi, end of Dec 08. I then received a reply to my SAR (all the documentation posted in 1st post), replied back with account in dispute letter mid Jan. Payments were for £10pm, so to date not paid Jan & Feb and March one due end of month. I have never missed a payment to date.

[spartathisis]

any more help?

[noomill060]

SP- what you doing Thursday?

 

(Sorry for gatecrashing)

 

PM me if you fancy some Barclays Morgan Stanley PPI bashing at Craigavon Court

 

http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/168312-morgan-stanley-cca-received.html

 

I applied for the claim to be relisted as Barclays have not honoured the terms of settlement...estoppel.

Edited March 20, 2009 by noomill060

[ScarletPimpernel]

Hi Noomill

 

I have a meeting in Belfast on Thursday morning, but I can think of nothing nicer than a spot of dissident creditor-bashing in Craigavon in the afternoon. I'll have to confirm nearer the time as things are fairly hectic at work at the moment.

 

 

 

Note to self: leave Service tie at home on Thurs.

[noomill060]

Good thinking

 

You couldnt take a wee look at the stuff Ive just post could you?

 

I think Ive sussed it, but maybe just cant see the real wood from the trees!

[spartathisis]

do you guys want to help or pm each other. thanks

[spartathisis]

Does anyone have a copy of the t & c from 1997 for HFC GM Card?

 

Have been sent t & c and they refer to internet usage and internet fraud am sure they are not from 1997.

 

Thanks

[spartathisis]

anyone?

[Redletter]

subbing

[Patma]

Hope you get a reply from someone who knows soon. I haven't had any dealings with that outfit, but I don't think it likely they'd have had anything about internet fraud back then.

[clemma]

Does it list charges for late payments etc., if they are set at £12 then you know these are new T&C's.

[count orlok]

not sure about the T&Cs but I can asure you the internet was big even back then, and people were concerned about card fraud.

[spartathisis]

Received this letter on Sat, help and comments please.

 

Sar sent Dec 08, no CCA, ex goldfish with HFC no records held, no Notice of Assignment rcvd (they supplied a "copy", but on new headed paper), letter rcvd 01/2001 telling me they now administered the debt and not to send payments to HFC. Sent account in dispute letter and they sent requests for payment, sent another account in dispute and then rcvd this.

 

letter stating debt not cov by cca on Flickr - Photo Sharing!

 

Thank you

[Electricmayhem705]

Are they not trying to say that you need to send the request to the original creditor? IE: Goldfish?

[cerberusalert]

It's total bowlarks & they know it. The onus of proof that a debt is enforceable is on them not you. If they try to pursue this make a complaint to your local TS, the OFT & the FSA including a copy of that stupid letter they sent.

[kiptower]

the £13 out of their tea fund paid in 2008 then, to get round stat barred !

 

the link lets others see other scans , maybe you should make them private incase anything sensative amongst them

[spartathisis]

Cheers, its ok on the other scans they are all up here on another post I have been dealing with, feel free to inspect;)

 

I have sent SAR to HFC and recvd PO back with we no longer deal with this card, then sent to company who purchased Goldfish and same again, the brand has been sold about 5 times!

 

They say they bought debt only, but somehow can process my data does that inimate they were assigned benefits and duties? They cant have it both ways, or can they?

[cerberusalert]

They know exactly what the law is;

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

[havinastella]

When was the last payment to this account?

 

 

Jogs

[spartathisis]

Dec 08 when they didnt supply agreement. Have been paying £12/13 for last 8 yrs. Sent SAR after stumbling across CAG.

 

Would i be correct in no agreement = no debt = give me my money back + i might sue for damages to my credit history?

[havinastella]

Dec 08 when they didnt supply agreement. Have been paying £12/13 for last 8 yrs. Sent SAR after stumbling across CAG.

 

Would i be correct in no agreement = no debt = give me my money back + i might sue for damages to my credit history?

 

Unfortunately, NO.

 

Jogs