HFC Advice

[harper]

Thanks again all.

 

The Smile stuff has been resolved with a couple of phone calls and is being removed from my credit file as we speak.

 

HFC is still outstanding and I have the following details:

 

The annual statement amount (not full redemption) is: £9,756.36

The inhibition amount is: £26,030.29

 

I have been in contact with a solicitor (free consultation) who confirmed that the inhibition is legally enforceable (which we knew) but the amounts are very suspect.

 

 

He advised me to get full disclosure on the account as I can try and sort this out citing the fair charge angle and getting the ombudsman involved.

 

I'm aware that the ombudsman (if they take the case) can be very ineffectual so I'm not holding out too much hope on that scale.

 

I have however contacted HFC and advised them that I have requested full disclosure on my account

and that the charges are not fair at all and I am looking for the inhibition to be removed.

I have been told that once I have all the information from my account

I can then go down the complaints route and there is a chance that the inhibition can be removed.*

 

I have not however admitted liability for this debt.

 

*I am taking this with a pinch of salt.

[dx100uk]

time for an sar to hfc then

 

dx

[harper]

I sent the SAR but haven't had the cheque cashed or any confirmation from them. I'll call them tomorrow to confirm that they have the details as I sent everything on the 5th Jan.

[harper]

I finally received the SAR yesterday after fighting to get it three interesting points though:

 

1: The cover letter states"please be advised that any system generated letters can not be enclosed as copies of these are not kept".

2: I seem to have PPI across two loan agreements they have for me.

3: This is the biggie. There is NO reference to the inhibition on my property and NO reference to the amount being £25k+ due to charges.

 

In effect I've been sent two original loan agreements and

a whole stack of account enquiry printouts,

account update screen printouts and

printouts showing my account being in arrears and

 

 

a really shaky set of notes on the account mentioning my husband trying to set a figure for agreement

which is strange as the account is solely in my name so if that was to happen

(husband knows very little about this account) they have failed dpa straight away.

 

Answers on a postcard please...

 

I seem to have a whole lot of nothing from them other than a lot of sheets of paper showing my name, address from then to now and phone number.

[dx100uk]

if you think they have failed

then send the failure tocomply letter.

 

dx

[harper]

Further update:

 

I recently sent them a Failure to comply letter outlining the three points in my last post. They have responded by serving me another Inhibition notice for the £25k+ amount.

[dx100uk]

i'll let ida comment

 

it this an official court doc or an hfc letter?

 

dx

[harper]

The letter I've received is an official court document served to me by Walker Love.

 

The agents who served me advised that I cannot sell the property for 5 years if I can wait that out then the inhibition will be dissolved.

 

I don't really have more info than that as they served me while I'm on nightshift so I'd only had a couple of hours sleep when they woke me.

 

They asked me for my work address details which I refused to give,

they also asked for my contact details and I replied that HFC already have this information,

 

I didn't invite them in and the whole exchange took a couple of minutes.

 

I haven't spoken to HFC as yet as I am planning on doing that tomorrow morning.

 

I have also booked an appointment with a financial adviser to get the remortgage in place

but of course I have to declare the inhibition and the fact that HFC want close to £26k from me.

 

I will need to get some legal advice as to whether I can still remortgage but not ultimately changing the deeds.

 

If they enforce this or I can't come to some agreement with them then I will be homeless and bankrupt as I cannot commit to repaying £26k

and the £30k we borrowed to get the property we're in now.

 

The property will not value enough to redeem both.

[dx100uk]

have your got all te statement s from the sar?

 

how the hell can an £8k current account plus get to +£25k!!

 

you really need to contest this.

 

dx

[harper]

DX the statements are printed sheets of paper with something along the lines of04/04/08

- no direct debt set up, payment not received.

 

 

There is NOTHING that I have seen on the bundle of papers that explain where this amount is coming from.

 

 

There is no 3rd party documentation stating when, how and how much was added to the account when solicitors, messengers at arms etc where instructed to act.

[dx100uk]

penalty charges ?

 

dx

[harper]

Nothing to suggest that penalty charges have been applied.

 

 

I have two photocopies of the original loan amounts with my signature on there

and detailing PPI charges of a couple of grand each agreement.

 

 

The rest is all print outs from their system showing payments not received after a date which was back in 2006.That's it!

 

 

Unfortunately I'm in work so cannot check what is exactly on there but I have sent them the failure to comply

stating that they have failed to confirm why the amount is so high,

that they have indeed served an inhibition so there should be a record of it in the documentation

they have supplied and the fact that I have no 3rd party information relating to any of this.

[IdaInFife]

So you have nothing to verify how the £8000 shot up to £25k+

 

I would still send another failure to comply ( play them at their games)

 

You have failed to provide a complete list of transactions and charges to show a breakdown on how the balance of £8xxx rose to £25k

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

[harper]

Just to update this nearly a year on and I'm no further forward.

 

We wanted to change our mortgage product and our mortgage provider went through a change of hands so we had to complete the process as if we're remortgaging.

 

 

Obviously this has been flagged up with the solicitor appointed to act on our behalf and I have left the whole sorry mess in their hands.

 

 

That has been 3 months now of hearing nothing.

[harper]

Another update.

 

The solicitor involved has only just gotten a statement saying I owe the £26+k and an admin fee and hasn't contested it just asked me if I was settling the debt.

 

When I said no she just wished me good luck and closed the re-mortgage case

 

I'm going to put in an official complaint to HFC and contact the Ombudsman again but I don't hold out much hope.

 

I've also got an appointment with StepChange as I fear that even if I sit out the 5 years that HFC will renew the inhibition.

[dx100uk]

I would suggest that as HFC have no info

that it is sold on and someone like IND or one of the other ones

that bought the debt and got the decree etc etc?

 

 

this walker love letter

sent from their DCA wing?

 

 

who does it state their client is?

 

 

dx

[harper]

I'll need to dig it out Dx and let you know but from memory I don't think HFC have ever sold this debt on and everything served has been from them.

[IdaInFife]

You were advised in 2013 to request a details breakdown of the figures. Did you do this and if so what did they respond with?

[harper]

They ignored my request Ida.

 

I have sent them another failure to comply last week.

[harper]

Another year on and no further forward.

 

The only contact I've had with HFC (now HSBC) is a form for repayment of PPI. I filled this in and returned it they have upheld my complaint with regards to the PPI and repaid nearly £2k off my outstanding existing balance. I only found this out by telephoning them and I didn't question it any further as I do not want this inhibition to be extended.

 

When the inhibition was re-issued in 2013 I was told by the sheriff officers serving it that I was to wait them out and in five years time it would be removed.