Just been doorstepped....

[berrylover]

A branch manager from Beneficial Finance has just come to my door about my HFC account which I haven't paid anything on since last summer when I CCA'd HFC. They eventually sent me a CCA from 2004 which was in my married name, supposedly signed by me, despite me having changed my name and not used it at all for 9 months before the date on the document. I have a legal form drawn up by my solicitor in 2003 which says that my name had changed from my married name to my divorced name.

 

The loan in question superceded a finance agreement taken out in 2001, which would have been signed in my married name. I wrote to HFC and explained this and got nothing back from them apart from a couple of letters asking me to call them. After calling them several times and trying to get an answer from them as to why this document had the wrong name and signiture on it but got no replies to that. A couple of weeks ago I got another letter asking me to ring them.

 

I didn't bother, why waste my money eh? And then just about 15 mins ago this woman came to my door and my daughter answered it and confirmed I lived here. So I went and talked to her, and told her I wasn't paying anything until I got a correct CCA with the name and signiture that I would have used in 2004. She said it didn't matter and that I still owed them the money and it was my own fault that I still owed them money. I explained that I did not appreciate her coming to my door and that I had already told them that I did not want doorsteppers coming to my house, but she said that anyone could come to the house.

 

I told her also that I had contacted the police about what I saw as a fraudulent document, but she just said the police would do nothing as it is a civil matter and that whoever had signed the document had done me a favour as the loan in 2004 was interest free rather than the rate I had been paying prior to that.

 

She has left me with a financial statement template and told me she is going to call me next week. What do I do now? She says that they do not have to send me a document with the correct name and signiture on it and that they will get the money back.

 

HELP OH WONDERFUL PEOPLE.....

[ODC]

Send her the Do Not Darken My Doorstep Letter by Recorded delivery. If she returns then TELL her to leave your property forthwith. Take a photograph of her and note the registration number of her vehicle. Telephone the Police and report a breach of the peace.

In the meantime make a formal complaint to No Benefit Finance about the lack of an agreement and the blatant attempt at making one up purportedly signed by you. Report the shower to the OFT and quote the Police Crime number

[berrylover]

Ok, have already sent the Do Not Come to My Door you idiots letter before but will send it again. I presume this is like someone getting married and changing their name. Its no good providing a document in the maiden name of someone dated 9 months after they are married and claiming that they have signed the piece of paper eh?

[the_shadow]

Ok, have already sent the Do Not Come to My Door you idiots letter before but will send it again. I presume this is like someone getting married and changing their name. Its no good providing a document in the maiden name of someone dated 9 months after they are married and claiming that they have signed the piece of paper eh?

 

Keep a camera by the door (out of sight tho) and a copy of the relevant law section of the letter. When she next turns up just open the door, hand her the document and say "Please leave" Take her Pic ensuring you get her good side (if there is one:D) and shut the door.....

 

Job done....

 

If she creates any trouble just advise her youre ringing the police and you have her mugshot to show them.

 

S.

[angry cat]

Anyone can come to your house;

No they cannot!

Only the postman and people asking the way/directions.

 

If the individual continues, take out an injunction against the firm.

[gazhodge1981]

can i ask did you sign anything with this women who came to your door?

A few things to remember when someone comes to your door is never let them in and always ask for Id, it is against the law for them not to show it to you. Remember she cannot force her way in or even put her foot in the door.

Can I ask how old the debt is?

And the most important thing to remember is dont worry she has been sent by a company who dont know you and all she want's is money out of you as thats how they get paid

[Linus]

Plus there opening question usually is "Are you Mr/Mrs Bloggs" fire it back with " And who might you be" then send them on there way, then they walk back up the garden path with no more info then when they walked down. I have always used this answer to anyone who asks who I am.

[berrylover]

Its alright, I didn't sign anything. Normally I wouldn't have given her the time of day but my 11 year old opened the door and confirmed I lived there. She will be getting nowt out of me until I get a CCA with the correct details on it. Thanks for your support.

[twobeercans]

You are so lucky lol:D

 

 

I been waiting for one of these twonks to knock on my door for 6 years heheheehehe.

All that ever follows when i get unexpected knocks is the postman and maybe from time to time a neighbours asking me to move the car:cry:.

 

just put a sign on the door, NOTICE UNEXPECTED CALLERS PLEASE BUGGER OFF.. UNLESS YOU HAVE AN APPOINTMENT. Then if they knock i supposw you could just whip the door open real fast and lob a bucket of water out, when they reel backwards aghast - just say "bugger me dude, what you hanging out here for, your right in me way - can't ya read man/woman (delete as app)"

Slam front door make way to armchair and sit down for 10 minutes to give yourself time to stop laughing:D

[berrylover]

Excellent advice

[berrylover]

Ok, am going to send them this, any opinions on it.

 

 

I do not acknowledge any debt to your company

FORMAL COMPLAINT

Dear

Re:−

I wrote to HFC Bank last year requesting a signed copy of the Consumer Credit Agreement for the above account. In October 2008 I received a Consumer Credit Agreement which had the wrong surname on it and the wrong signature. I have enclosed a copy of the documentation that shows that my name was changed 9 months before the alleged agreement was signed.

Despite letters and telephone calls to your company the issue has not been resolved. I am still awaiting a copy of the Consumer Credit Agreement with the correct details on. As you are aware the documents I requested should be readily available as proof of your legal right to collect this account under the Consumer Credit Act 1974.

 

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 you enter into a default situation and that time limit has obviously passed.

You will also be aware that without a Consumer Credit Agreement signed by myself:

 

* 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.

In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

 

I would ask that no further contact be made concerning the above account unless you can provide evidence as to my liability for the debt in question.

I now require all further correspondence from your company to be made in writing only.

If you contact me by telephone I will consider this to be harassment, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you could be liable to a substantial fine.

 

Furthermore, should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you.

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

Subject Access Request

Please supply me with all data that you hold on me, regarding this account or any accounts that preceded it. This includes in particular, but is not limited to, the following:-

 

1. The original signed, executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.

2. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor

3. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with ORIGINAL CREDITOR.

4. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

5. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

6. Details of any collection charges added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

7. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

8. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998 9. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

10. Copies of statements for the entire duration of the credit agreement.

 

I enclose the statutory maximum fee of £10. You have 40 days in which to comply.

I expect your due diligence in this matter, and expect it to be logged as a formal complaint. I would also like to receive a copy of your complaints procedure.

 

[berrylover]

Should I add this piece to the bottom of the first paragraph do you think?

 

 

 

As I have said before I am shocked at how an agreement allegedly signed by myself, but with the wrong details exists, and your company has not yet provided any kind of explanation of how this document has come into existence. I would be interested as to your explanation.

[berrylover]

Ok, haven't sent the letter yet. Going to do it today but who to send it to. I got another letter off HFC at the weekend, inviting me to call them about the account. But the manager who came to my door was from the local branch of Beneficial finance. Any advice?

[mr.ton]

Ignore what this witch says to you at your doorstep.

If you dont want her to be there, you have every right to kick her sorry ass back down the path or do a 999 to say that someone is at your front door shouting threatening abuse...they'll soon turn up.

Report this lot to the OFT & trading standards also.

[berrylover]

Thanks Mr Ton. Should I send the letter to HFC's head office in Brum?

[mr.ton]

Yes..but make sure its recorded delivery.

[cashins]

She says that they do not have to send me a document with the correct name and signiture on it and that they will get the money back.

 

 

Oh really!!

 

David

[mr.ton]

This horrible witch needs bringing down a peg or 2

[berrylover]

Yes..but make sure its recorded delivery.

 

They always are

[berrylover]

Interestingly I have just received this letter from HFC bank.

 

 

Now surely if the paperwork was all in order (i.e. there was no problem with the CCA they provided me with as I am claiming I did not sign it and they are claiming I did, and yet it has the wrong name and signiture on it) then why would they be offering me a 50% discount? Surely they would be taking me to court to get the full amount?

[lickthewallfatboy]

exactly right!!

 

the last throw of the dice for the beaten

[berrylover]

Indeedly doodly. Guess what my reply is going to look like?

[Bill Shidding]

Hi - Cheeky beggers!

 

Keep a camera by the door (out of sight tho)

 

AFAIK - It is perfectly legal to photograph/video anybody standing on your property, even a police officer.

 

Bill

[berrylover]

She won't be back tbh. And if she does come back she won't get a reply from me.

[the_shadow]

50% in full and final

 

In poker terms they've blinked and shown their weak hand. If you need the clean credit file counter offer with a ridiculous low offer but head the letter Without Prejudice

 

S.