HFC Marbles card debt and 1st Credit help please!!!

[Myfamily]

Hi IMS,

 

Sorry I forgot my interest calcs spreadsheet, hope I have filled it in properly this time (i got it wrong the first time)

 

Thanks, MF

interestcalcs.xls

[Jasper1965]

I wouldn't bother going down this route until you have SAR'ed the original creditor as it's extremely likely that charges and interest were being applied long before the period you account for in this spreadsheet.

[Myfamily]

Hi Jasper,

 

Yes, I think I will SAR them, the statements I got got from them start at Jan 2007 but there was already a previous balance on the account, which they haven't provided statements for. According to these statements we were making normal payments untill December 2007 when we stopped bue to financial difficulties and wrote to the OC to make an arrangement to pay 51.62 per month. they froze the interest and we started making payments in May 2008.

 

I noticed that the statement format had changed in Feb 2009, but have just noticed that the account number changed as well!! The statments befroe this have the payment slip at the bottom saying HFC bank (Marbles) and lots of info about interest rates etc (even though they weren't charging any) and the usual warnigs on the back about making minimum payments and dispute resolution but the new ones from Feb 2009 don't have a payment slip or any info about interest rates etc. they seem very basic, I could probably make them using Word and Tables etc. I don't know if it was passed to another company after Marble but before 1st Credit! Seems weird, any thoughts on this?

 

Thanks, MF

[Jasper1965]

Well since you ask.........

 

My thoughts are that the simplified statements are from 1st Credits own accounting system which in the absence of proof of a valid opening balance and the contractual right to charge that interest should carry the legal weight of something drawn in crayons by a toddler which possibly isn't as far removed from the reality as you might think.

[Myfamily]

Hi Jasper,

 

Lol, you sound like you're a huge fan of 1st credit!! I think I will ignore 1st Credit for now then and send a SAR to Marbles.

 

Do you or anyone have any more thoughts about the interest and charges and also should I send them a letter telling them not to contact us by phone, My partner is not very good when it comes to DCA's I told him that if they called he should tell them to put it in writing but he gets into conversations with them and I'm worried that he put his foot in it!

 

 

Thanks for the advice so far everyone.

[BRIGADIER2JCS]

Subbing

[ims21]

Hi mf

 

I've looked at the spreadie you posted earlier and it needs to be changed. You have enterd interest payments in the list....you need to remove them. Only list any Late Payment Fees, Over Limit Fess etc. The spreadsheet will calculate the appropriate interest claim for you.

 

As it appeaars that you dn't have all the statements I agree that a SAR is in order so that you can get the complete transaction history and ensure that you claim ALL of these unlawful charges back for the duration of the account.

 

You must get your OH to stop talking to these people on the phone. If he doesn't want to just say "In Writing Only" get him to just hang up without saying anything. Its your phone,,,,you decide who you speak to on it. Do not get involved in any conversation with them as it is easy for them to use tricks, mind games and make threats that the world will end if you don't pay blah, blah. Things that are designed to get you to pay and things that they can later deny. Please Please stop talking to them.

 

ims

[Myfamily]

Hi Ims

 

I will amend the spreadsheet but do you not think that it's a bit unfair of them, as I had made an arrangement and stuck to it and then they suddenly added Interest charges for 6 months and so now it's virtually wiped out all the payments we made and we're back to where started!!??

 

I am going to SAR them anyway, but they said to my OH that they were sending the CCA agreement and I should have it in a couple of days so if I do I will post it on here to make sure it's enforceable ( i hope not!!)

 

Anyway I have also told my OH not to speak to them again and to just tell them that we want all contact to be in writing! He sort of thinks that he can do it on his own, I don't think he trusts that I'm doing the right thing, but I have explained that I'm getting good advice from all here! Thanks

 

Thank you soo much for your help along the way!!

[dx100uk]

i wouldn't place any hope on the CCA un-en.

 

thats not anopotion anymore since the likes of rankines and careys and the reclaim co's making a pigs ear of it all..

 

btw have you got a copy of your lastest cra file?

 

i bet it dont show!

 

dx

[ims21]

Hi Ims

 

I will amend the spreadsheet but do you not think that it's a bit unfair of them, as I had made an arrangement and stuck to it and then they suddenly added Interest charges for 6 months and so now it's virtually wiped out all the payments we made and we're back to where started!!??

 

I am going to SAR them anyway, but they said to my OH that they were sending the CCA agreement and I should have it in a couple of days so if I do I will post it on here to make sure it's enforceable ( i hope not!!)

 

Anyway I have also told my OH not to speak to them again and to just tell them that we want all contact to be in writing! He sort of thinks that he can do it on his own, I don't think he trusts that I'm doing the right thing, but I have explained that I'm getting good advice from all here! Thanks

 

Thank you soo much for your help along the way!!

 

Give your OH a slap from me

 

It might seem unfair but it actually not. You can only reclaim interest on the charges they applied to the account....not the interest applied to legitimate purchases. By enetering the charge in the spreadsheet, it calulates the interest they would have charged you on that charge right up to date.

 

ims

[Myfamily]

OH has recieved his slap - silly boy he is!!! I will do the spreadsheet again tomorrow, Thanks IMS!!

 

I wouldn't place any hope on the CCA un-en.

 

thats not anopotion anymore since the likes of rankines and careys and the reclaim co's making a pigs ear of it all..

 

btw have you got a copy of your lastest cra file?

Sorry dx I am confused by what you said - are you saying that you don't think the agreement will be un-enforeable?

 

and I don't understand your second sentance, can you please explain? Also sorry for my ignorance, but what is a cra?

 

Thanks

Edited June 15, 2011 by Myfamily

[dx100uk]

very very few are now UN-EN.

if a clear financial link can be proved along with enough evidence to show you had 'some form of credit/' then gameover for paperwork errors.

 

cra is credit reference file

you can do that online for free but un reg before 30days.

 

you need to see that.

 

dx

[Myfamily]

I understand but if they don't have it at all then surely that's that!! isn't it?

 

I know people are probably thinking what a cheek you owe it so pay up, and I was quite happily untill they passed it on the a DCA even though I had never missed and payment and the DCA got agressive with me.

 

Now I am going to make it as hard as possible, even if it is enforceable I'll offer them the minimum amount and they can wait years to get it all I don't care anymore.

 

It that bad that I don't even have the £10 to send the SAR off, I'll have to wait untill I get paid at the end of the month!!

[dx100uk]

can you check your cra , that will determine your next move

 

dx

[Myfamily]

Hello all,

 

Well 1st Credit have sent me what they say is my signed agreement (my partners).

 

But I have issues with it.

 

1) The part that has been signed looks to be an application form dated Jan 2004 at which time we lived at our current home, it has that address on it. In 2007 we rented our house out and moved for approx 18 months. the CCA has a different address of where we were in 2007 and the account number is the second one that it was changed to as per my post of 15 June 2011, so how can this be the original or even a copy.

 

2) What should be the CCA has no signature and I think the account number, credit limit and expiry date were added later, as I can't believe they would give someone a nearly £10,000 credit limit on opening their account and the text 2.1 says "we will decide your credit limit and tell you what it is. We may change it at any time and will let you know about any change" so how is on the CCA already?

 

3) Also what is the expiry date on the top right of the CCA all about?

 

I have uploaded the letter, application form and supposed CCA.

 

Can anyone please advise if this is enforceable and what to do next?

 

Thanks all so much.

[BRIGADIER2JCS]

Hello all,

 

Well 1st Credit have sent me what they say is my signed agreement (my partners).

 

But I have issues with it.

 

1) The part that has been signed looks to be an application form dated Jan 2004 at which time we lived at our current home, it has that address on it. In 2007 we rented our house out and moved for approx 18 months. the CCA has a different address of where we were in 2007 and the account number is the second one that it was changed to as per my post of 15 June 2011, so how can this be the original or even a copy.

 

2) What should be the CCA has no signature and I think the account number, credit limit and expiry date were added later, as I can't believe they would give someone a nearly £10,000 credit limit on opening their account and the text 2.1 says "we will decide your credit limit and tell you what it is. We may change it at any time and will let you know about any change" so how is on the CCA already?

 

3) Also what is the expiry date on the top right of the CCA all about?

 

I have uploaded the letter, application form and supposed CCA.

 

Can anyone please advise if this is enforceable and what to do next?

 

Thanks all so much.

 

Hi MF Welcome sorry the images are too small to read.

[Myfamily]

Hi Bridgadier,

 

Yes, I just noticed, I'm trying to make them bigger, is Photobucket the best for this?

[BRIGADIER2JCS]

The site team usually recommend it.

[Myfamily]

For some reason it won't let me post links untill i have 20 posts i have 19 so just wasting one!!

[Myfamily]

Are these any better guys?

myf2.pdf

[Tootles1971]

they are big enough, but I can't help you much!

 

If there are discrepancies in the dates and addresses that seems to me that there is something amiss! Other people with more ideas will be along!

[BRIGADIER2JCS]

Well imho it's an application form with t's &c's

although is does say agreement regulated etc.

I cannot comment if this was standard for Marbles at time

as I have not seen one before I am sure others will comment soon.

[Myfamily]

Does anyone else have any more thoughts on this? And what I do next?

 

I'm desperate to know whether it is enforceable or not so I can move on, they sent me this on 15 th June 2011, I don't want to leave it too long or they might send on to solicitors again!

 

Thanks All

[BRIGADIER2JCS]

I would send the account in dispute letter pointing out that an application form is not a signed agreement,

therefore they have defaulted on the CCA request.

[dx100uk]

can you post upi the letter where they offer a 'discount'

 

and can you please check OH's CRA file.

 

IF they are offering a discount

& it doesn't show on the CRA

then its a cash-cow exercise and he got milked.

not one penny went off the debt i bet.

 

dx