hfo

[broken arrow]

letter sent to tr ill update when get something back, again thanx for your help everyone

 

Keep at them........

[broken arrow]

I would add ' I do not acknowledge any debt to your client' at the top in big letters - or words to that effect.

 

Thats if you know who your client is

[broken arrow]

I would add ' I do not acknowledge any debt to your client' at the top in big letters - or words to that effect.

 

Or in their language "affect" (old joke)

[coledog]

The 'your client' was supposed to be facetious (and I ran that through the spellchecker).

[broken arrow]

The 'your client' was supposed to be facetious (and I ran that through the spellchecker).

 

and so was my reply!

 

I have today been in court (as a mckenzie friend) against, one of TR,s clients, unfortunatley the wrong one, case adjourned...........

Edited September 28, 2010 by broken arrow

[vanessa82]

hi

received a reply today from tr, they included a copy of the credit agreement they originally sent me (again without terms and conditions), a defualt notice from original creditor and some other bits also said they will get statements from oc and forward them on, they havent sent me everything that i requested ie terms and conditions, details of charges theyve applied etc, what should i no next? will post everything theyve sent later.

(did also write to original creditor t oask if was a noa and date/who to and they havent replied )

[sillygirl1]

They are still in default, don't do anything else now but sit back and wait....

[dadofholly]

I notice through reading through your thread that you received a reply to your SAR from Welcome

 

Did it include logs of telephone calls?

Edited October 7, 2010 by dadofholly

[DonkeyB]

Can you post up the DN from the original creditor, personal info removed? This will be interesting...

[vanessa82]

hi this is everything I received from them today, what should I do next ?

 

http://i816.photobucket.com/albums/zz83/vanessa8282/img024.jpg

 

http://i816.photobucket.com/albums/zz83/vanessa8282/img025.jpg

 

http://i816.photobucket.com/albums/zz83/vanessa8282/img026.jpg

 

http://i816.photobucket.com/albums/zz83/vanessa8282/img027.jpg

 

http://i816.photobucket.com/albums/zz83/vanessa8282/img028.jpg

 

http://i816.photobucket.com/albums/zz83/vanessa8282/img029.jpg

 

http://i816.photobucket.com/albums/zz83/vanessa8282/img030.jpg

 

http://i816.photobucket.com/albums/zz83/vanessa8282/img031.jpg

 

http://i816.photobucket.com/albums/zz83/vanessa8282/img032.jpg

 

http://i816.photobucket.com/albums/zz83/vanessa8282/img033.jpg

 

http://i816.photobucket.com/albums/zz83/vanessa8282/img034.jpg

 

http://i816.photobucket.com/albums/zz83/vanessa8282/img035.jpg

 

http://i816.photobucket.com/albums/zz83/vanessa8282/img036.jpg

[DonkeyB]

Carey says the T&Cs must be present at the time of signing. Still no sign of them. Most of the 'supporting' documentation is drivel and irrelevant. You have not denied you had a loan; what you are questioning is (a) is it enforceable and (b) was it actually assigned to HFO.

 

The important info is in the SAR and the response to the direct question of to whom and when it was sold, and you should demand sight of the sale agreement.

[vanessa82]

they threaten legal action if no reply in next 7 days what do i do now?

[DonkeyB]

And why on earth are HFO in possession of a 'without prejudice' letter from the OC? That is a severe breach of the WP principle and is totally inadmissible.

[DonkeyB]

Gonna read back through the thread. It's still HFO Capital, and we can prove they don’t own it, even if it was originally sold to HFO Capital Cayman. That's the famous document CP2...

[vanessa82]

thank u

[Bazooka Boo]

Haven't read back through the read, but read your attachments, and apart from the DN being defective in not allowing you 14 clear days in which to rectify the fault, it seems it was sent on the same day as their 'Without Prejudice' letter also???

[DonkeyB]

DN is 2005, so only 7 clear days needed.

[DonkeyB]

Vanessa, one key to this is getting info from Welcome. I would suggets calling them and demanding to know to whom and exactly when they sold the account.

 

I do not believe Welcome would wait two full years from the date of default to sell the account on. I believe there may be some jiggery-pokery with HFO/TR and the alleged dates of assignment.

 

If it was sold to HFOC Ireland in Feb 08, then they have processed your data illegally.

 

Did you actually send a SAR to Welcome with a £10 fee, or simply ask for info?

[Bazooka Boo]

DN is 2005, so only 7 clear days needed.

 

That did cross my mind, cheers donkey, every day is a school day!

[vanessa82]

hi

yep i sent them an sar and they sent me pretty much the same as what i got from tr and posted above, i then wrote saying didnt fulfil sar and wanted noa etc they wrote back saying they had fulfilled the sar and sent me everything i was entitled to, Then sent another letter by recorded post on 28.9.2010 asking if was an noa who debt sold to and date ,and if wasnt noa could they confirm this as of yet no reply

[DonkeyB]

Can you get on the phone to them and give them a bit of aggro? You really do need some proof from them of when and to who the debt was sold.

[dadofholly]

i then wrote saying didnt fulfil SAR and wanted noa etc they wrote back saying they had fulfilled the sar and sent me everything i was entitled to, Then sent another letter by recorded post on 28.9.2010 asking if was an noa who debt sold to and date ,and if wasnt noa could they confirm this as of yet no reply

 

I had similar trouble with them that is still going on - i sent them a letter before action letter.

 

Use the following as a template - i intend to follow mine through to the courts if they fail to supply.

 

You are entitled to view all documents from which you can be peronnally identified.

 

LETTER BEFORE ACTION

Section 7 – Data Protection Act 1998

 

Dear Sir/Madam

 

Account: xxxxxxxx

 

I am in receipt of the documents that you have supplied in response to my Data Protection Act information request dated (Insert Date). The disclosure of personal data is incomplete in that at least the following documents are missing.

 

(Adapt this next section to your situation)

 

1) You have failed to provide a complete list of transactions and charges.(Add details of missing period - or a transaction that you know about which is not included)

2) You have provided no notes, or documents relating to any legal action between you and myself.

3) You have provided no notes, or documents relating to instances of manual intervention.

 

This is not an exhaustive list by any means, it is just an example of some of the information I am missing.

 

Accordingly, I have to tell you that you have not yet complied with your obligations under the Data Protection Act 1998.

 

If you do not comply fully with my Subject Access Request within XX days, I shall apply to the County Court for an order to enforce compliance, together with damages at the discretion of the court.

 

Yours faithfully,

 

 

 

[name]

 

 

 

The only exemptions are as follows.

 

There may be an exemption to access to personal data by data subjects where the personal data

• are part of a confidential reference given by the data controller
  
• are subject to a duty of confidentiality, eg confidential references provided to the data controller
  
• are subject to legal professional privilege
  
• are being used to investigate crime or detect fraud
  
• are being used for management forecasting or planning
  
• are part of negotiations which would be prejudiced if disclosed
  
• are, in the opinion of the data controller or of independent professional advice, likely to cause serious harm to the physical or mental health of the data subject or another person
  
• relate to health, education and social work, and are processed by a court and consists of information supplied in a report or other evidence to the court by a local authority
  
• are processed for the purposes of assessing suitability for the conferring by the Crown of an honour
  

[dadofholly]

Double post

Edited October 8, 2010 by dadofholly
Double post

[vanessa82]

ok thanx so i need to send the letter above to welcome ? they did send me a statement , but no noa ,who/date etc, I will try phoning them tomorrow , in meantime do i just ignore tr's letter

[dadofholly]

Yes send to Welcome.

 

Would also try ringing them as Donkey suggests - but def send the letter.

 

I think the reason they have not sent you other stuff is that they dont have it - but it helps to have it in writing to compare to what T/R may say.

 

Also you need to know when the debt was sold - you have a right to know as they were responsible for your data.

 

Im going to take them to court if they don't reply to mine.

 

Did they send you any telephone call logs? if not ask for them.