Remorse v HFC

[remorse]

Dear All,

 

I was wondering if you could point me in the right direction of what to put in a LBA.

 

I have had direction from FOS that my complaint is a legal complaint so I need to take it through a legal direction and I don't believe that I can do this without an LBA - is this correct?

 

My complaint surrounds 3 aspects and I don't know if they are all relevant to put in the LBA or not?

 

- Term of a loan

- Type of loan

- inclusion of PPI

 

In short, we were sold a 5 year fixed rate loan to finance a kitchen purchase but what appears to have happened is that the agreement was set up for 10 years and was a variable rate agreement.

 

HFC are saying to FOS that they are unable to provide a copy of the original agreement and FOS are saying that due to this they are therefore unable to adjudicate.

 

If you can help me with what is relevant I would be grateful.

 

Many thanks

 

Remorse

[supasnooper]

Hi,

 

Have you CCA'd HFC ?

 

If you have and they have responded with a negative response then forward the response to FOS.

 

It may be worth sending a SAR to HFC to see exactly what documentation they hold.

[dx100uk]

when was the loan taken out?

 

be aware this is a typical trick for hfc to pull

they usual bring in the benificial trust name if its more than a few years old saying they never inherited every agrgeement when both were merged or other such bull.

 

i'd go for the ppi first.

 

they cough quite nicely on that with little arguement, then deal with the rest of your issues once they start responding.

 

dx

[remorse]

Many thanks for the responses.

 

I requested a copy of the agreement in Dec 2007 and subsequently in Jan 2008 but they have readily admitted to both us and the ombudsman in writing that they don't have the agreement but 'their computer records hold all information necessary to service our agreement'. Hmmm - they obviously have never suffered with administrative difficulties

 

I will write the LBA today - does anyone have an address on who it should go to? I was dealing with central complaints until they told me that they would no longer deal with the complaint - despite them not actually telling or providing me with the information I asked for in the first place.

 

Thank you again for all your help.

 

Remorse

[Scooby_Doo2]

Correct me if I am wrong, but surely with no original copy of the executed contract, HFC cannot prove that there is an agreement and therefore the debt cannot be enforced?

[remorse]

I think you are correct in that without the agreement they cannot enforce the debt. Unfortunately though it came out late in the term that the agreement does not exist and the term has now been completed albeit within the last couple of months. The only reason I asked for a copy of the agreement was due to HFC withdrawing funds from my account but not under their name but that of another (if you get what I mean!). TBH, I didn't even realise that I still had an agreement with them as it should have been paid off years earlier.

 

I will sort out a SAR and ultimately I will end up taking them to court.

 

Thank you again to all.

 

Remorse

[Bigmark]

HFC Bank North Street

Winkfield

Windsor

Berkshire

SL4 4TD