HFC Bank

[mikesmotor]

Hi All

 

I don't know if I'm in the right place but I'd like to hear from anybody who has had dealings with the HFC bank. they handle the 'Marbles' credit card.

 

I have a situation with them where I have never signed an agreement with them but they still supplied me with a credit card. I would love to know how I stand woth things like interest and charges.

[e28bigalbexley]

Hi All

 

I don't know if I'm in the right place but I'd like to hear from anybody who has had dealings with the HFC bank. they handle the 'Marbles' credit card.

 

I have a situation with them where I have never signed an agreement with them but they still supplied me with a credit card. I would love to know how I stand woth things like interest and charges.

 

Have you already asked for a a fully executed copy of the agreement with a CCA request?

[mikesmotor]

I haven't gone down that route yet, I'm still discussing a lost payment and the communication is getting a bit heated. Could you expand a bit on the 'CCA request'.

[e28bigalbexley]

Hi Mike

Yeah sure under the Consumer Credit Act 1974 the company are required to suppy a true copy of the Fully executed agreement within 12 working days. if they do not then they are in default and cannot enforce the agreement. After a further month if they still aint supplied the agreement they commit a criminal offence and only a judge can enforce the agreement, if the company turn up at court with the executed copy/original fine but of course the creditor has to appear before the judge and explain why was it not supplied when asked ,then of course is the problem of a crimal offence (do you think they would turn up)

The main problem being is the companies that dont have the agreement either try to fob you off with a load of excuses, but more likely they ignore you and it can be a long drawn out procedure.

Although if you read a few of the threads on this site relating to Credit agreements you will get the idea. some have written off the debts as soon as they realise they have fallen foul of the act.

 

Letter N is this one you want http://www.consumeractiongroup.co.uk/forum/debt-bailiffs-advice/20758-creditors-dcas-letter-templates.html

 

I will get some thread links for you they are very long so get the kettle on and take next week off (you'll see what i mean shortly)

http://www.consumeractiongroup.co.uk/forum/general/33174-consumer-credit-act-agreements.html

 

http://www.consumeractiongroup.co.uk/forum/general/56510-success-date.html

 

http://www.consumeractiongroup.co.uk/forum/other-institutions/10900-loan-company-cannot-supply.html?highlight=baconbuttyman

 

AL

[mikesmotor]

e28bigalbexley

 

Hi there

 

Thanks for your help and advlce on this one, I think I may have them on the run

 

Mike

[e28bigalbexley]

No probs Mike keep us posted.

 

AL:)

[mikesmotor]

Hi AL

 

At the risk of sounding a bit thick, if they can't enforce the agreement what does this mean to me financially and, what if they come up with a copy of the agreement either unsigned or some ficticious signature on it. whta should I do next. I'd be grateful for any advice here as I have never got this far with a bank before.

 

Many Thanks

 

Mike

[e28bigalbexley]

If they cant find the agreement then they cant enforce it,(no agreement no loan/card ect) the act say to be a fully executed agreement both creditor and debtor must sign the agreement. if you think its been forged then off to the police station you go. Also with a CCA request they MUST also send a copy of the T&C applicabale at the time you made the agreement, if there is one of course,if you see what i mean!

 

AL;)

[tifo]

i'll be claiming from Marbles soon, as i used to have a credit card many years ago. They were meant to write off the debt a year ago but in a chat with them a few months ago it got mentioned with a balance!

 

Do you request for a CCA copy.

[e28bigalbexley]

Tifo

use the links above for a CCA letter and send it off taking note of the timescales laid down by the act.Then if you havent got one already start your own thread on the forum then it will be easier to deal with any quires you have.

 

AL;)

[mikesmotor]

Hi All

I sent a request for a true copy of my agreement to HFC Bank at the address suggested by them on 8th January 2007. I checked up on the Royal Mail web site and the letter was delivered on the 11th January 2007. That means that 12 working days have passed and still no reply, can I ask anyone, what is my next step.

 

Many Thanks

 

Mike

[itsamomentintime]

write to them stating that you will not be paying as they have not provided the loan agreement, meaning that the debt is now unenforceable

 

if they do provide it in the future - fine, resume payments as normal

 

if not - golf holiday....?

[mikesmotor]

Thanks for the info however, the agreement is for a credit card (Marbles Card) does that make any difference? Also, what happens about the charges and interest I have already paid.

 

Many Thanks

 

Mike