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

[spartathisis]

The reason being?

[havinastella]

The reason being?

 

 

The 'Debt' is still there, they just can't enforce it.

 

Now suing them for damage to your credit rating IS another story.

 

If you can establish they were marking your record before they 'brought' the debt, then yes, you can sue.

 

Jogs

[spartathisis]

now confused. if they say they only bought the debt and dont have to abide by CCA how can they process my data, they dont have my permission as they havent taken onboard the rights and duties of the contract. Also if there is no contract how do they know that HFC hadnt made a mistake about the debt?

 

And also, HFC sent a default notice that was ineffective before they sold the debt. would I be right in thinking that the amount outstanding because of this is the breach on the Default Notice i.e. £450 and not the amount that has been claimed by Robbers way, £5600? in this case i have paid way more than that amount.

 

To be honest if I dont have to pay them anything I would be happy.

[Alien8n]

Why do I get the impression I'm the only person who feels they got treated fairly by HFC?

 

Had a credit card and a loan, then lost my job (long time ago, working now) they lumped both together, chopped 40% off then agreed lower payments at 0% interest. Got less than half left to pay and the repayments are very reasonable (compared to what I earn).

 

A&L on the otherhand, wish I could dump them, but would need to clear about 5 grand to clear the accounts first, thieving gits (mind, can't complain too much, the credit card is frozen at 0% as well, but that's actually MBNA, not A&L).

[diddydicky]

i would like to refer back in your thread where you said you had 90 pw no assets and large debts

 

whilst all the foregoing advice is relevent and useful , personally in your circumstances i wouild (seriously) cut all this short and write to the creditors and say simplY

 

My income in 90 pw i have no assets i am a man of straw- if you want to throw good money after bad in applying for bankruptcy then go ahead and make my day, otherwise please note that i will be filing all future correspondence in my waste bin

 

There will be NO further communication from me

 

( i guarantee no one will waste 1600 quid making you bankrupt)

[spartathisis]

Already done so! Unfortunately they all want their pound of flesh. My last letter sent Sat to the sols pointed out all the errors, suggested that the best course of action for them would be to write the debt off and claim tax relief. Alternative is see them in court, prove the debt and I will claim for damage to credit rating as they cant prove a right to process my data. we shall see.

[spartathisis]

bumpty bump

[spartathisis]

Thanks to all the help received on here I can add a win against a DCA to my name.

 

Robinson, Way bought debt from HFC (Goldfish) 9yrs ago, sent SAR, no agreement, put account into dispute. Received snotty letters stating they dont have to prove I owe them, I have to prove I dont owe them!!

 

I sent reply quoting relevant case law and stating I will be persuing for the money I have paid to them + interest and damages for the processing of my data illegally. I gave 14 days to reply otherwise will proceed without further notification to them.

 

Ten days passed and today received a letter stating that after considering my comments they will be removing my account and details from their sytems and I will receive no further correspondence on the matter. I think thats a win;)

 

Do I press for the money I paid to them by mistake? Goldfish have no records on me(checked) so seriously looking in to recovering money paid by mistake.

[Guest Old_andrew2018]

Hi

I would like to recover monies paid if it was me, problem is I wouldn't know where to start, so this answer will serve to BUMP your thread.

 

Andy

[lickthewallfatboy]

I don't think you can....it is viewed as you having gifted them

 

leave well enough alone is my advice

[vjohn82]

 

Do I press for the money I paid to them by mistake? Goldfish have no records on me(checked) so seriously looking in to recovering money paid by mistake.

 

If I were you I would consider it a success and leave well alone... keep a copy of all of the correspondence just in case though.

 

I am in a similar position with RWAY too so I am hoping they also consider the same course of action taken with you

[vjohn82]

Hi again... sorry to reopen an old thread like this but RWAY are playing hardball...

 

Any chance of putting up some copies of the letters you sent quoting the case law subjects you mentioned?

 

Also, did you write to the standard compliance team monkeys or did you go to a director/manager?

 

Thanks

[spartathisis]

Link here post 33 for letters. http://www.consumeractiongroup.co.uk/forum/show-post/post-2155735.html

 

I replied to whoever wrote at the time (always someone diff), my last letter went to their correspondence manager. If you know your case is water tight then may I suggest contacting the administrators who currently control things?

 

"On 30 November 2008 the High Court made an Administration Order in relation to the Company. Maggie Mills, Tom Burton, Tom Jack and Simon Allport of Ernst & Young LLP were appointed as Joint Administrators of the Company." Manchester office I believe. Link to London Scottish info London Scottish

[vjohn82]

Good idea... thanks for posting this information!

[vjohn82]

Oh and the case is fairly watertight as RWAY state they no longer have a copy of the credit agreement but insist the debt exists.

 

Now, this either means they can't be bothered to chase it up with the OC or theu have no genuine way of finding it.

 

They claim the original agreement was taken out in 1999... no payments made since Dec 2003... so I know it will be statute barred anyway soon enough.

[spartathisis]

They told me the same rubbish plus they have the right and I have to prove I dont owe the money! Thats when I sent the main letter to them and received the reply we are taking all details off file and no more correspondence from us. Suppose that could mean they gonna try to sell on but so what:) not heard anything in over a month though.

[andyr666]

Any updates on this??

[diddydicky]

Already done so! Unfortunately they all want their pound of flesh. My last letter sent Sat to the sols pointed out all the errors, suggested that the best course of action for them would be to write the debt off and claim tax relief. Alternative is see them in court, prove the debt and I will claim for damage to credit rating as they cant prove a right to process my data. we shall see.

 

then having told them of your situation and inviting court proceedings you should report them to Trading standards and OFT if they continue to harrass you as you have made it clear that court is the only option left

[spartathisis]

I recvd a letter from their sols stating they had passed matter back to their clients, that was over 6 weeks ago. I did send a letter in reply pointing out a couple of other things I had forgotten in my original letter and also raised the dreaded Securitisation issue!!

 

I found the SPV`s used by HFC for their cc`s in the years they held my account and thought it was a punt to mention all the info I had come up with;). Sol not a happy bunny, stroppy letter, matter with clients why am I writing to them and no your account was not subject to securitisation, do not write to us again! Now there is no way they know wether the card debt had been securitised so that was a silly statement to make.

 

Not bothered what they come up with now as I know they cant do anything but ask for payment, but not back that up and win. I have complained to the ICO over HFC as they still have my details on file 9 1/2yrs after closing the account, but would not supply anything through the sar I sent ( I know they have it as I rang their litigation dept and spoke to a very helpful guy who gave me all background info).

 

Will post up when I hear more:)

[cashins]

Not bothered what they come up with now as I know they cant do anything but ask for payment, but not back that up and win. I have complained to the ICO over HFC as they still have my details on file 9 1/2yrs after closing the account, but would not supply anything through the sar I sent ( I know they have it as I rang their litigation dept and spoke to a very helpful guy who gave me all background info).

 

 

It's like pulling teeth with HFC.

 

The only fully complied with my SAR when the ICO ordered them to.

 

David

[spartathisis]

They sent a letter saying they needed more info so could I contact them on their customer helpline. I did but the "helpline" was actually collections, it was fun hearing them frantically typing away trying to call up my details without success. All they had was my name and address, I was given another number to call and guess what? Collections again! I was feeling in a particularly persistant mood so carried on with the game until I got another number, hurrah. Oh no collections again:( I did eventually speak to someone who had a little commonsense as she put me through to litigations.

 

I had a 10 minute chat with a very helpful guy who gave me his direct number in case of any future problems! He basically told me he couldnt send the details held, but did tell me what those details actually were and that the DCA had requested the cca in jan 09 which they supplied (application form). He was quite happy that my fight was with the DCA and not HFC (little did he know;))

 

I think like many large institutions its a case of passing the buck and no-one wants to take responsibility for anything. They get paid 10/12k pa dont know the law and fear the conequences of what will happen if they actually do anything:)

[cashins]

I think like many large institutions its a case of passing the buck and no-one wants to take responsibility for anything. They get paid 10/12k pa dont know the law and fear the conequences of what will happen if they actually do anything:-)

 

Recently had a row with them regarding their DCA cum solicitors.

 

Noticed they arn't even faintly suprised as to what their agents get up too and said I still had to deal with them. Took it back in house when I told them the SRA is involved.

 

David

[diddydicky]

I think like many large institutions its a case of passing the buck and no-one wants to take responsibility for anything. They get paid 10/12k pa dont know the law and fear the conequences of what will happen if they actually do anything:-)

 

Recently had a row with them regarding their DCA cum solicitors.

 

Noticed they arn't even faintly suprised as to what their agents get up too and said I still had to deal with them. Took it back in house when I told them the SRA is involved.

 

David

 

the fact is that debt collection, like sales, is a numbers game and all about targets

 

the people they recruit are treated to the "mushroom" method of management - keep em in the dark and feed them ****" that way they dont ask too many questions as to what they are doing

 

unfortunately for every one of us on this forum that bitches and fights back another 1000 won't. (yet) so they are quite happy to go as far as they can then give up the ghost at the last miniute