HFC agreement

[Nomore Baloney]

About 4 years ago when I lost my job, I had a couple of HFC group cards - Golfish etc.

 

HFC persueded me to take out a loan with them to repay the card debt at a discount.

 

Is that legal, bearing in mind the cards were probably taken out about 2001 and are probably incorrectly executed?

[veryweary]

Unfortunatley it might be . As far as I'm aware when you take the new loan and pay off the old balance then you start with the new agreement. HFC sometimes offer new loans at a 40% balance discount with 0% interest to people who are making regular reduced payments where the repayment figure being made is high enough to fit their grubby criteria.

 

It takes a bad debt off their balance book making them look better and it also means that where they had perhaps an unenforceable agreement they now have new shiny enforceable one.

 

You could always ask to see the CCA for the new agreement you signed, to check if it's enforceable. HFC paperwork is so shoddy you might be lucky and find they've messed up yet again.

[patrickq1]

start with hfc in getting the data from my old aggreement as i took out another loan to pay of the old loan...but also on the old loan we had ppi which payout was refused and i am wanting this money back they are also charging us 22% interest and this is killing us we are managing the loan repayments but they did promise after 12 months that they would reduce the interest payments 2 years down the road no reduction in interest so i shall now start my dispute but also continue paying the loan..i do expect 3 years ppi to be returned this should almost clear the new loan plus when you mention discount to clear the old loan no we did nt get that we also paid commission on the new loan ?

so we shall see how it goes..i suspect they have lost the old aggreement

[Deb T]

Just to add to this....

 

Had a Golfdish card, defaulted and terminated and paying back a DCA until very recently....Then I joined this website.

 

Sent off to the DCA a CCA and so far and a dispute letter sent and 90days post my request nothing has been received, not a single bit of correspondence from the DCA at all.

 

Did some research and with some info from cag members I mananged to establish a considerable amount of error where my account waas concerned.

 

Goldfish issued me with a faulty default notice....no date on the notice and incorrect terminology on the notice. They then terminated the account and added a default to my credit file....

 

A couple of years later Goldfish as a cc company ceased to trade and Goldfish were sold.....6 months into this and the DCA I had been paying send me an assignment notice and I continued to pay them...this assginment notice along with the original default and termination letters are all faulty.

 

I sent the cca and nothing has been heard....I'd like to hear from them because I'd like to subject access HFC and see what they have and then I'd like to pin the DCA to a wall and ask why they have been collecting on a debt that they're not entitled to collect and who clearly did not have a valid assignment notice.....I suspect that the DCA have been on dodgy ground all along but tried to cover their tracks with the dodgy assignment notice...

 

If HFC offered you a further loan at a reduced rate to pay off the Goldfish card..when was it? Lloyds sold Goldfish in December 05 ..not sure if it's pertinent or relevant to your original query....But if they were offering you a loan to pay off debt that wasn't theres at the time? Irresponsible lending and all that...

 

Lloyds TSB sells Goldfish cards for £1bn - Times Online

[dcakiller]

Has HFC bank not closed down

[cashins]

Has HFC bank not closed down

 

Unfortunately, no.

 

david

[berrylover]

Ask for the CCA. I asked for mine and they sent one back with the wrong name and signiture on it.

[Popeye]

Me too !

 

Currently writing my defence (They are taking me to court.....)

 

Think they might have their hands full

 

Popeye

 

[Nomore Baloney]

A certain debt collection agency has floated to the surface regarding an ancient Goldfish card.

 

It was taken out in, I think the late 90's but when I encounterd difficulties in the mid 2000's I started making token payments.

 

Now as far as I can remember, HFC owned the card/debt and in 2008 I made an arrangement with HFC bank to consolidate that debt into a loan agreement. (I know, I know, but I didn't know anything back then!)

 

HFC have no idea what the loan was set up for allegedly, and I have no paperwork remaining to prove it. How do I get rid of this collection agency?

 

I have a further issue in that I'm out of the country soon for a month so wont be able to respond quickly to any nastiness from them.

[Conniff]

If you have no paperwork it would be prudent to send an SAR which will also give you breathing space for being out of the country.

 

Don't sign your SAR.

[Nomore Baloney]

I guess that's the smart thing to do at this stage..

[Conniff]

If you are off on holiday, don't let it spoil it, keep it right out of your mind and enjoy yourself.

[BankFodder]

Make certain that the cheque you send for the SAR is marked on the back "statutory fee for s.7 DPA Subject Access Request"

You wouldn't want the money "accidedntally applied to your account, would you?

Also make it clear in the first line of your SAR letter that you deny that you are indebted as they allege.

[Nomore Baloney]

Would it be best to to a CCA in the first instance and then a SAR?

[rebel11]

Hi nomore

 

I would do the SAR first, lets see what they send. Were you mis-sold PPI on the account?

The SAR Template is in the library. Do you know who you are going to send the SAR to?

[Nomore Baloney]

I've checked back in my files and it was for a Marbles credit card that HFC made me take a loan out for, not Goldfish as I thought, although they were both HFC products.

 

I was paying a token payment to Goldfish but stopped several years ago. This is the first contact in over 4 years with anyone related to that card.

 

I'll send the SAR off on Monday to Westcot, and as people suggest, see what happens.

 

Cheers for the advice.

 

 

PS, RESULT: 1st credit were chasing my wife for £7500 but have now indicated they will discontinue their ccj which they had issued. Thanks in no small part to CAG. Thanks.

[Nomore Baloney]

I'm just about to send off the SAR. I'm a bit undecided whether or not to inform them I will be out of the country from next week until late August. I don't want them sending me some demand whilst I'm not there to sort it out. Any thoughts chaps?

[BRIGADIER2JCS]

No doubt imo that they will take the full 40 days to supply the SAR,

but for safety maybe inform them as you don't want the SAR docs

to be sent back if the PO can't deliver.

[Nomore Baloney]

I've set up the Post Offices Keepsafe service whilst I'm away so no worries on that score.

[BRIGADIER2JCS]

Good! Enjoy your trip.

[robcag]

 

PS, RESULT: 1st credit were chasing my wife for £7500 but have now indicated they will discontinue their ccj which they had issued. Thanks in no small part to CAG. Thanks.

 

 

Make sure you hit them for your 'wasted' costs!

 

And keep your copy of the 'Notice of Discontinuance' very safe.

 

Rob

[Nomore Baloney]

I've sent off my SAR as suggested on the 15th July by recorded delivery.

 

Today I recieved a letter from their pet solicitors offering me a 20% discount if I pay within 10 days. If I dont pay they state that further recovery action will be taken.

 

Now as I'm waiting for the SAR to be returned I'm not going to be paying anything.

 

Is it worth sending Westcot a CCA request as that prevents anything happening until they have fulfilled its requirements.

 

Its just that I don't want a mcol popping through the letterbox!

[renegadeimp]

Ignore it. The fact that the offered a discount means theres something very wrong with the debt. It's either legally unenforceable, or its chock full of unfair charges or penalty fees.

 

If you want to check for penalty fees, you need to SAR the original creditor. Remember, a SAR isnt acknowledging the debt. It's a legal request from you to them asking for all information they hold about you.

 

It's is very unlikely they would ever go anywhere near a court unless they were 100% sure they had a cash cow and could get a judgement by default. This means that you shouldn't start contacting them about the debt or play letter tennis with them. If you do, they will know they have a potential victim they can exploit.