HFC/Reston - I Broke Tomlin - now Judgement for Claimant (in default)

[Pipster2797]

I'm starting to hear back from my other creditors now with respones to my CCA Requests. The latest one is from HFC. I hold a credit card and small loan with them and a 3rd loan for a TV that was taking out in May 2007. The loan for the TV they have sent me a signed CCA and I'm trying to sort out a F&F on this account.

 

The smaller loan which now stands at £515.52 was orginally for £339. They have sent me this letter

 

http://i67.photobucket.com/albums/h294/Pipster2797/Letterdated11thNov08.jpg

 

Nothing else in it except for statements. No copy agreement with no signatures nothing.

 

Would anyone say this is them admitting to not having the CCA?

 

With regards to the Credit Card all they sent me was a photocopy of the original application form with no prescribed terms at all.

[twofoot]

If that's not an admission of no CCA then I'm Dick Turpin. Looks like 2 out of 3 to you. I'd be surprised if you get F&F on a valid CCA though.

[richcufc]

I would agree it appears they are in a roundabout way stating they do not have a signed agreement.

 

For your peace of mind you may want to SAR them to check the whole file they hold. Out of interest when exactly was this loan taken out? If in the last 6 years then you may have a complaint under the Data Protection act and then possible compensation should you wish to push for it

 

I am sure someone from the site team can point you in the direction of a letter asking them to close the account due to lack of paperwork.

[Pipster2797]

Thing is with the valid CCA they have already offered me 50% F&F settlement of outstanding balance but it inculdes charges etc.. My parents are helping me out and I'm offering them 30% of the original loan amount. I have also put on the letter that I'm currently in reciept of benefits and placed in a copy of the benefits I get.

[Pipster2797]

I would agree it appears they are in a roundabout way stating they do not have a signed agreement.

 

For your peace of mind you may want to S.A.R - (Subject Access Request) them to check the whole file they hold. Out of interest when exactly was this loan taken out? If in the last 6 years then you may have a complaint under the Data Protection act and then possible compensation should you wish to push for it

 

I am sure someone from the site team can point you in the direction of a letter asking them to close the account due to lack of paperwork.

 

 

Too be honest I dont want to pursue it any further and try and get compensation etc. They have been awful when I asked to reduce payments etc when my job first started going down the swanny. We were on reduced incomes due to no overtime(Before it was guarnteed and had to work a certain number of weekends. It was in my contract) and bonuses. They heard my dog bark when I was on the phone to them and even told me they could take him and try and sell him to pay for the debt!! This is one of the reasons it made me read up on alot of things and fight back!!

[darryl1960]

Hi Pipster I'm also in a spot of bother with HFC. I would advise you to post the F&F offer on this site minus your personel details for someone to look over as the one they sent me would not of cleared the default from credit file and I suspect that some DCA would chase it up in the near future, when questioning HFC the offer was quickly withdrawn.

[Pipster2797]

This is the F&F they offered me

 

http://i67.photobucket.com/albums/h294/Pipster2797/FFByHFC.jpg

 

and this is the letter I'm about to send them

 

WITHOUT PREJUDICE

Dear Sir/Madam

 

Account Number: XXXXXXX

 

I write with reference to the money which you are claiming on the above account.

 

I can confirm that I am unable to offer to pay the money which I owe in full or the contracted monthly payments as I have been made unemployed and currently receiving benefits. I have enclosed a photocopy for your reference of the benefits that I am in receipt of

The original loan amount was £8474.98 and the outstanding balance has only increased due to charges I feel are unfair.

 

A relative is prepared to offer me £262.50, which is 30% of the original loan amount. I want to offer this sum as an ex-gratia payment, in full and final settlement of the account. The offer from my relative will not be available forever and my relative will not make the payment unless the offer is accepted.

 

This offer is made on the clear understanding that, if accepted, neither you nor any associate company will take any other action to enforce or pursue this debt in any way whatsoever and that I will be released for any liability. I also request that, if accepted, you will make an entry on a credit reference agency file relating to the above account as "satisfied" in full.

 

Payment can be made within 14 days of receiving your written agreement of this offer and method of payment.

 

I look forward to receiving your reply.

 

Yours faithfully

 

Any suggestions would be welcome before I send it off

Edited November 13, 2008 by Pipster2797
Mistake

[fedup74]

WHAT they could take your dog:eek: what a crock of poo. Tell them it is a cross between a rhodhesian ridgeback and a pit bull and doesn't take too kindly to strangers. I have never heard of anything so ridiculous, don't panic, they can't take your dog. Jeez they'll be telling you they can take your kids next. I don't suppose the call was recorded was it? I'm still laughing now:rolleyes:

[Pipster2797]

WHAT they could take your dog:eek: what a crock of poo. Tell them it is a cross between a rhodhesian ridgeback and a pit bull and doesn't take too kindly to strangers. I have never heard of anything so ridiculous, don't panic, they can't take your dog. Jeez they'll be telling you they can take your kids next. I don't suppose the call was recorded was it? I'm still laughing now:rolleyes:

 

 

I can now but at the time I was very naive, had a lot of debt and was struggling. Everything was getting on top of me. The dog we have is a a pedigree and is worth alot of money and one of the most treasured things I have. It made me wake up and not knowing alot about the legal side of loans and credit cards if you didn't pay and I panicked. I started reading up and came across this site and have been reading for months on end. So thank you HFC for waking me up and getting me into gear to educate myself and fight back.

[fedup74]

Exactly. I think we should all send HFC a thankyou letter for pointing us in the right direction. Round of applause for them cos now we know our rights they can no longer fob us off!!

[darryl1960]

Fully agree pipster and fedup ,it is these people that drive the likes of us to find CAG and find what a load of rubbish that they have been feeding us and what our rights are.

[Pipster2797]

thing I cannot understand with HFC is that when they have sent the supposed credit agreements through they have sent the credit card by recorded delivery and then the 2 loans by special delivery!! It cant be to have a copy of my signature as they have that on the credit card application and also on the laon for the tv as that is enforceable as it was after April 2007

[Pipster2797]

Still getting letters frm them. Friday and Saturday had letters dated 4th and 5th of Nov then this morning one dated 29th October. Letters just saying that I need to make payments etc as I'm behind. What seems like computer automated letters.

 

I'm just waiting for a reply to my F&F for the enforceable loan and any reply about the credit card that the CCA is unenforceable and the loan that they haven't supplied the CCA for. I'm not planning to send anything else to them until I hear back from them.

[Pipster2797]

I have heard back from HFC regarding the Credit Card. They had sent me an app form for the CCA with no prescribed terms at all on it.

 

http://i67.photobucket.com/albums/h294/Pipster2797/CCA.jpg

 

I wrote back to them explaining that account was in dispute due to not supplying CCA and the app form was just that, an app form and did not have any prescribed terms on it. Today I have got this letter

 

http://i67.photobucket.com/albums/h294/Pipster2797/ResponsetoComplaint.jpg

http://i67.photobucket.com/albums/h294/Pipster2797/ResponsetoComplaintPt2.jpg

 

Can anyone help with what should be my next response or should I do nothing.

[Pipster2797]

anyone got any kind of response or what I should do?

[Pipster2797]

Bump

[Pipster2797]

With regards to one of my loans with HFC I sent the below F&F offering them 30% of the orginal balance

 

I write with reference to the money which you are claiming on the above account.

 

I can confirm that I am unable to offer to pay the money which I owe in full or the contracted monthly payments as I have been made unemployed and currently receiving benefits. I have enclosed a photocopy for your reference of the benefits that I am in receipt of.

 

The original loan amount was £XXX and the outstanding balance has only increased due to charges I feel are unfair.

 

A relative is prepared to offer me £XXX, which is 30% of the original loan amount. I want to offer this sum as an ex-gratia payment, in full and final settlement of the account. The offer from my relative will not be available forever and my relative will not make the payment unless the offer is accepted.

 

This offer is made on the clear understanding that, if accepted, neither you nor any associate company will take any other action to enforce or pursue this debt in any way whatsoever and that I will be released for any liability. I also request that, if accepted, you will make an entry on a credit reference agency file relating to the above account as "satisfied" in full.

 

Payment can be made within 14 days of receiving your written agreement of this offer and method of payment.

 

I look forward to receiving your reply.

 

I sent it off on the 13th and it was recieved by them on the 14th. I have got a letter today dated the 17th Novemeber 2008 and it is a final demand letter.

Looks like they have totally ignored my F&F letter. The CCA for this is all ok as it was taken out in May 2007 (4 months before my job was on the line). The other 2 accounts that I have with HFC, they haven't supplied an enforceable CCA on either. I have had a payment plan set up for this account though since May and have never missed a payment and still intend to make the normal payment on the 27th of this month

 

Do you think I should call them as I'm a bit worried about going to court for this one as it does have a CCA.

[Pipster2797]

can anyone help on the last post please? getting very worried and not sure if I should ring them

[phatram]

Any news?

[Pipster2797]

nothing further, they are still taking the reduced payment on that account and the other 2, 1 has an unenforceable CCA and the other doesn't have a CCA which they have admitted too. With the last 2 they write every so often and I think they will soon get sent to a DCA

[Pipster2797]

Some excellent updates.

 

Of my 3 accounts the marbles credit card CCA has no prescribed terms, 1 loan they dont have a CCA, which they admitted to in post 1. However they have sent me a 50% F&F for this account

 

 

The last loan they have a CCA for and I've been making reduced payments on it for a while. Today I have got the below letter which is offering me a F&F of 0%, nothing to pay. When I first opened it I thought great brillant game over and no money from me. However I'm strating to think its a mistake and they wont stick by it or it's just so I get happy and ring them to say I want to accept. What does anyone think?

 

[fedup74]

Hi Pipster- totally your call- if you are in a position to pay the first one and you want to get them off your back- fair enough- but they have admitted they don't have your agreement so therefore cannot pursue it. The second one I would be very wary about- the offer is valid until 00-00-2000??? Another thing is why have they written "Without prejudice"- this means it cannot be bought as evidence in court- to be honest I think this is a fairly standard statement from HFC and they write it on most of their "generous offers". Maybe they do want you to ring them- but what for??!!

[Pipster2797]

i know exactly what I was thinking.

 

I am thinking of paying the first one off just to get rid of them asap and the 2nd one which is the one they have a credit agreement for is totally bizarre but I'm going to write back to say I accept it and cancel my current standing order to them. No way am I going to ring them and I want to keep everything in writing

[Pipster2797]

I have phoned them to accept it and it is an error and it was meant to be 50%. I explained to them that I would like to accept it and he said it wasn't available. I'm going to put it in writing and see where it takes me and have a complaint. He said there was 11 letters went out with that mistake on it

[Pipster2797]

well sent the letter off so we shall see what happens!! stopped the standing order too