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Just of interest, i'm looking at the 6 years of information kept on our credit files. From what i can see there is no law at all about how long the credit reference agencies are allowed to keep your data on file. If an account is settled, then any defaults and entries should be removed from your file.

Also i believe that when an account is in breach of contract, does'nt the use of your data also end?..If the account has been passed to a DCA then the processing of your data should be stopped.

 

I will write to Experian, Equifax and Call Credit this week and try to get some answers.

 

Uk

 

There may not necessarily be a law, but there may well be independent industry regulation.

 

You will need to read through the full terms and conditions of the agreement, though I am almost certain that there will be terms in there that allow the processing of data for accounts even post termination. It's the agreement that gives the banks the authority to pass your information to Credit Reference and Fraud Prevention Agencies. Also, a breached contract is not necessarily terminated...

 

It would be worthless for banks to use a Credit Reference Agency if it was unable to hold any data about defaulted accounts. The key thing is that information should be accurate and up to date. Therefore, banks can lend according to the risk they are being presented with (not referring to the original poster - this is a different issue entirely).

 

The Credit Reference Agencies have agrued for a long time that it's not their responsibility to ensure the information they hold is accurate - instead they state that the members who submit data to them (i.e the banks etc) are the ones who hold sole responsibility. The current Information Commissioner seems to have a different view however.

 

I think this conversation is going slightly off topic, but I would be very interested to hear what the CRA's have to say in response to your letter.

 

Scoobs :)

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Hi

 

I am just about to start out on HFC, have 2 accounts with them, one closed and the other still going. Just drafted up the Subject Access Request and will send recorded tomorrow. ANy hints tips in dealing with HFC greatly appreciated.

 

I note with interest what ScoobyDoo was saying about PPI's I have an account with BHS administered by GE Money and they are charging account cover and I don't recall receiving any information or being told wha this is about - so would love a bit more information on this, similarly with Captial One as yet again we have credit card with them.

 

Good luck to all those getting to grips with HFC.....

 

 

I have been successfull with RBS Credit Card and Bank account claimed back just short of £4000 in total.

 

 

Cheers

:lol: GASS
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Hello,

 

I have posted my agreement on the credit agreement thread page 354 for comments. I feel that it is a application form with non of the prescribed terms.

 

Anyway I have taken the bull by the horns and have written a letter of complaint to hfc and restons.

 

Litigation Department

Camden House West

The Parade

Birmingham

B1 3PY

2nd June 2007

 

COMPLAINT

 

Dear Sir/Madam

 

Re:- Account No xxxxxx

I writing to you with regards to a complaint which I required to be dealt with immediately. I refer to your letter of 20th February 2007 in which it states “Please be aware of some of the possible consequences if I do not resume payment on my account. Can you please clarify this statement. I have been paying your company monthly via Payplan £43.84, since April 2006.

On the 11th April 2007 I received a telephone call from one of your female representatives to discuss the arrangement with a view to increasing the amount that I was paying your company. I informed her that at the present time, my financial situation was unchanged and could not increased the amount I was paying. She informed me that your company would be applying to the Court for a charging order on my house. This I deemed as harassment, a threat, to scare me, which I feel is totally unreasonable, given that I have made regular monthly payments to yourselves.

The account has now been passed to Restons Solicitors and a extra collection charge of £1,374.60 has been applied to this account. I have received a letter from them on the 23rd of April demanding the total amount of the account by the 29th April 2007or they will pursue this amount via the court.

On the 26th April, I wrote to Restons Solicitors to inform them, that I was in the process of investigating my account total and that I had sent your company a Subject Access Request and that I considered the account to be in dispute.

This letter has been blatantly disregarded and on the 23rd on May 2007, I have received a Claim via the County Court for the amount of £10,083.61.

The breakdown of charges are as follows

Account balance £8,246.01

Collection charge £1,374.60

Interest £ 166.84

You have applied for your court costs £240 and solicitor fee £100 bringing it to a total of £10,083.61. You have also applied for interest pursuant to contract of 519.51 pence daily.

 

I refer to the Debt Collection Guidance (July 2003)

The Office of Fair Trading Guidelines for Debt Collection (July 2003)

1. Introduction

1.1 The Office of Fair Trading has a duty under the Consumer Credit Act 1974 to ensure that licences are only given to and retained by those who are fit to hold them. The Act provides that the OFT take into account any circumstances which appear to be relevant and in particular any evidence that an applicant, licensee, or their employees, agents or business associates, past or present, have:

* committed offences involving fraud, or other dishonesty or violence

* failed to comply with the requirements of credit or other consumer legislation

* practised discrimination in connection with their business

* engage in business practices appearing to us to be deceitful, oppressive or otherwise unfair or improper (whether unlawful or not).

I also refer to sections:

Physical/psychological harassment

(2.5) Putting pressure on debtors or third parties is considered to be oppressive.

(2.6)Examples of unfair practices are as follows:

(f) pressurising debtors to pay in full, in unreasonably large instalments or to increase payments when they are unable to do so.

(g) making threatening statements or gestures or taking actions which suggest harm to debtors.

(h) ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment.

Deceptive and/or unfair methods

(2.7) Dealing with debtors are not to be deceitful and/or unfair

(2.8) Examples of unfair practices are as follows

(g) failing to refer on to the creditors reasonable offers to pay by instalments

(k) not ceasing collection activity whilst investigating a reasonably queried or disputed debt.

Charging for debt collection

(2.9) Charges should not be levied unfairly

(2.10) Examples of unfair practices are as follows:

(a) Claiming collection costs from a debtor in the absence of express contractual or other legal provision.

(b) Misleading debtors into believing they are legally liable to pay collection charges when this is not the case, for example. When there is no contractual provision.

© not giving an indication in credit agreements of the amount of any charges payable on default.

(d) applying unreasonable charges, for example, charges not based on actual and necessary costs.

(e) Applying charges which are disproportionate to the main debt

 

Please clarify the Collection Charge of !,374.60 which has been added to the account. Please confirm the contractual term that permits you to apply it, and supply a full breakdown of how this charge has been calculated.

A formal request under the Consumer Credit Act 1974 sections 77/78 was sent to your company on 11th April 2007. Your company has been unable to comply with this request and have only supplied me with a copy of the pre-contractual application for this account. You will be aware of your responsibilities under the Consumer Credit Act 1974 and I look forward to receiving a true and legible signed copy of the original credit agreement for this account.

 

You will be aware of the Banking Code, to which your company subscribes, There has been serious deficits to the following of the Banking code by your Company. You may not default my account or take further enforcement action whilst the account is in dispute. Any default notices or adverse comments your company have recorded on my credit reference file should be immediately removed.

 

I have now sent my acknowledgement of Service to the Court with a intent to defend all of this claim. I hope this clarifies the situation and it is in both of our interests to reach a swift resolution to this matter.

 

I await your response

 

Yours sincerely

 

 

 

 

me

CC Restons Solicitors

 

I have sent a letter to restons on a similiar note and they have responded that they will reply to me in full when they have received instructions from their clients.

Any thoughts anybody:D

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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Hello,

 

I now need to do a defence for the court.and the days are going fast

 

1st defence, maybe get stuffed apply for a stike out of poc as no proper excuted credit agreement only application form with no prescribed terms.

 

Plea to enter second defence if that don#t work. Collection charge deemed as penalty charge etc etc.

 

Any thoughts?:confused:

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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HHNF-you already have the perfect defence. They do not have a copy of

your original agreement! Without that the debt is totally unenforceable and

the Judge cannot override that clause in the Act.

 

You will need to take a copy of the application form they sent you as

evidence that not only do they not have the executed agreement, but they

appear to have tried to mislead by sending you a copy of the application.

 

Anything else you want to use in your defence is fine-but that alone is

sufficient to end the case-stop worrying.

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HHNF-you already have the perfect defence. They do not have a copy of

your original agreement! Without that the debt is totally unenforceable and

the Judge cannot override that clause in the Act.

 

You will need to take a copy of the application form they sent you as

evidence that not only do they not have the executed agreement, but they

appear to have tried to mislead by sending you a copy of the application.

 

Anything else you want to use in your defence is fine-but that alone is

sufficient to end the case-stop worrying.

 

Hello Lookingforinfo,

 

Many many thanks for your post, I just need to try to build up my confidence now.:eek:

 

 

Do I use sec61 and sec127 of the cca in my defence for the application form not containing all the prescribed terms. and what legal terms would I quote for the mis-leading bit.

 

Sorry I have so many questions:confused:

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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If you cite s.127[3] that is the one that says the lack of the executed

agreement makes it unenforceable.

 

As for the application form-just say that you believe it was an attempt to

mislead you. I am sure that the OFT have recently released a statement

along the lines of those who send the wrong form when a CCA is requested

may have their fitness to hold a Consumer Credit Licence into question.

 

Hopefully someone on the forum will be able to locate it for you.

 

If HFC have any sense, they will cancel the proceedings.

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If you cite s.127[3] that is the one that says the lack of the executed

agreement makes it unenforceable.

 

As for the application form-just say that you believe it was an attempt to

mislead you. I am sure that the OFT have recently released a statement

along the lines of those who send the wrong form when a CCA is requested

may have their fitness to hold a Consumer Credit Licence into question.

 

Hopefully someone on the forum will be able to locate it for you.

 

If HFC have any sense, they will cancel the proceedings.

 

Hello lookinforinfo,

 

I think I found it

 

the statement issued by the OFT on the 21st May 2007.

 

Some of the fitness issues taken into account when revoking and refusing licences during this period included acts of physical violence, fraud, causing grievous bodily harm and obtaining property by deception, and breaches of the Consumer Credit Act.

In considering fitness, the OFT takes into account a number of factors carried out by the business or anyone involved in running the business including:

any offence or conviction of violence or dishonesty

failure to comply with the provisions of the Consumer Credit Act or other consumer protection legislation

consumer complaints

evidence of unfair business practices

evidence of discrimination on grounds of sex, colour, race or ethic/national origin.

 

Sounds good eh:-D

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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hellhasnofury

 

Your complaint letter is excellent. From the bank's point of view, there's nothing worse than dealing with a complainant who knows what they're talking about!

 

As stated by lookinforinfo, without a copy of the executed contract, the agreement is unenforceable by the Act.

 

In terms of raising your complaint to everyone that would be interested, I would consider firing copies of your letter of to:

 

1. The CEO of HFC Bank Ltd (Mr John Uphoff)

2. The CEO of HSBC (Mr Stephen Green)

3. The Office of Fair Trading

4. The Financial Ombudsman Service

5. The Banking Code Standards Board

6. BBC's Watchdog programme

7. Maybe some local or national press?

 

I've seen some horrible practices in my years, but what is happening to you is just plain disgusting.

 

Keep your head up - when you win this battle it will taste so, so sweet! :D

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hellhasnofury

 

Your complaint letter is excellent. From the bank's point of view, there's nothing worse than dealing with a complainant who knows what they're talking about!

 

As stated by lookinforinfo, without a copy of the executed contract, the agreement is unenforceable by the Act.

 

In terms of raising your complaint to everyone that would be interested, I would consider firing copies of your letter of to:

 

1. The CEO of HFC Bank Ltd (Mr John Uphoff)

2. The CEO of HSBC (Mr Stephen Green)

3. The Office of Fair Trading

4. The Financial Ombudsman Service

5. The Banking Code Standards Board

6. BBC's Watchdog programme

7. Maybe some local or national press?

 

I've seen some horrible practices in my years, but what is happening to you is just plain disgusting.

 

Keep your head up - when you win this battle it will taste so, so sweet! :D

 

Hello Scooby,

 

I thank you for your support and I will fire off some letters to the above. Restons have not yet replied with their response. Maybe they will when they received the defence

 

Sorry I'm thick what does CEO mean and would I address it to the registered offices.

Just trying to get my defence together and post it to the court on Tuesday:?

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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CEO = Chief Executive Officer.

 

would I address it to the registered offices.

 

Yes as this is their Head Office.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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CEO = Chief Executive Officer.

 

 

Yes as this is their Head Office.

 

 

Thank you Rory

 

This is very useful. Once you have stated the obvious I Know what it means:D

 

Again thanks:D

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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Sorry I'm thick what does CEO mean and would I address it to the registered offices.

Just trying to get my defence together and post it to the court on Tuesday:?

 

 

Don't be silly - you're not thick!! I didn't know what CEO meant until someone told me!

 

Registered addresses are:

 

HFC Bank Ltd

North Street

Winkfield

Windsor

Berkshire

SL4 4TD

 

HSBC Holdings plc

8 Canada Square

London

E14 5HQ

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Don't be silly - you're not thick!! I didn't know what CEO meant until someone told me!

 

Registered addresses are:

 

HFC Bank Ltd

North Street

Winkfield

Windsor

Berkshire

SL4 4TD

 

HSBC Holdings plc

8 Canada Square

London

E14 5HQ

 

Thanks Scooby,

 

Letter off tomorrow to these ECO's give them some stick, probably won't get me anywhere, they will have to be thick skinned to be in that position.:D

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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Hi HHNF,

 

Couple of things. Firstly, I noted from an earlier post you stated that the CCA request was sent on the 11th April. Can you clarify if this was sent by recorded or guaranteed delivery and whether to HFC or their sols? Also, when was it received? If you haven't rang the number on your postage slip, I need you to do that asap, so I know when it arrived. I assume the £1.00 fee was included, was it by cheque or postal order?

 

Did you receive a Default Notice(DN) and when? Would I be right in thinking that late pmt/overlimit charges have been added to the a/c? If they have, what I need you to do is look at your statements around the time the DN was issued and advise me if the amount claimed in the DN includes penalty charges. If your stmts and the DN correspond in amounts requested, it will render the DN legally invalid, as the amount claimed has to be accurate. Any DN which includes such charges is unenforceable against you because said charges are unlawful. Effectively what it means is, HFC had no right to terminate the contract and register a DN on your credit file, as such info is a breach of the DPA 1998 and amounts to defamation.

 

If however you didn't receive a DN, it is up to the Claimants to prove you did, the burden of proof rests with them and given that such Notices are sent by normal post, they can't prove you receive it.

 

Could you provide me with the date that appears on the application form you have received. I know the application is not an agreement, but can you tell me if it's legible or not.

 

I don't want to sound like I'm being pedantic but given that things are time critical with the defence, I would be very grateful if you could make sure you answer all the Q's and as fully as you are able. The reason I say this is that if I have to keep coming back and repeating Q's, we end up wasting time! Sorry to be cracking the whip!:rolleyes:

 

As we are using MCOL, the online Crt filing website, your defence has to be filed by 4pm on the 21st. So I need to know if you around during the day on the 21st? Secondly, if you are at work, do you have access to a computer so that you would be able to file the defence on the 21st? The reason I ask is, I am always up against it, in terms of time, so if we could file it say beween 1-2.30pm on the 21st, that would assist me greatly. Don't worry about gathering documents together for filing your defence, it's not necessary, we file your evidence later. Filing is just about you re-iterating your intention to defend all of the claim and detailing your defence.

 

Word of advice, when I post up your defence here, copy and paste it into a word document, then copy and paste into the box on MCOL, rather than typing it up in the box, much quicker my way and also you won't get timed out on their antiquated system!:rolleyes: Remember, don't cut and paste! You need a copy of what you've posted for your file!

 

If you're up for a fight, I would certainly suggest submitting a counter-claim in due course and claiming damages from them! If any Company should pay up for all of their misdeeds, it's definitely HFC!:D I will be only too happy to help you draft it!

 

Get back to me as soon as you can!

 

Regards,

 

Laiste.:)

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Hi HHNF,

 

Couple of things. Firstly, I noted from an earlier post you stated that the CCA request was sent on the 11th April. Can you clarify if this was sent by recorded or guaranteed delivery and whether to HFC or their sols? Also, when was it received? If you haven't rang the number on your postage slip, I need you to do that asap, so I know when it arrived. I assume the £1.00 fee was included, was it by cheque or postal order?

 

Did you receive a Default Notice(DN) and when? Would I be right in thinking that late pmt/overlimit charges have been added to the a/c? If they have, what I need you to do is look at your statements around the time the DN was issued and advise me if the amount claimed in the DN includes penalty charges. If your stmts and the DN correspond in amounts requested, it will render the DN legally invalid, as the amount claimed has to be accurate. Any DN which includes such charges is unenforceable against you because said charges are unlawful. Effectively what it means is, HFC had no right to terminate the contract and register a DN on your credit file, as such info is a breach of the Data Protection Act 1998 and amounts to defamation.

 

If however you didn't receive a DN, it is up to the Claimants to prove you did, the burden of proof rests with them and given that such Notices are sent by normal post, they can't prove you receive it.

 

Could you provide me with the date that appears on the application form you have received. I know the application is not an agreement, but can you tell me if it's legible or not.

 

I don't want to sound like I'm being pedantic but given that things are time critical with the defence, I would be very grateful if you could make sure you answer all the Q's and as fully as you are able. The reason I say this is that if I have to keep coming back and repeating Q's, we end up wasting time! Sorry to be cracking the whip!:rolleyes:

 

As we are using MCOL, the online Crt filing website, your defence has to be filed by 4pm on the 21st. So I need to know if you around during the day on the 21st? Secondly, if you are at work, do you have access to a computer so that you would be able to file the defence on the 21st? The reason I ask is, I am always up against it, in terms of time, so if we could file it say beween 1-2.30pm on the 21st, that would assist me greatly. Don't worry about gathering documents together for filing your defence, it's not necessary, we file your evidence later. Filing is just about you re-iterating your intention to defend all of the claim and detailing your defence.

 

Word of advice, when I post up your defence here, copy and paste it into a word document, then copy and paste into the box on MCOL, rather than typing it up in the box, much quicker my way and also you won't get timed out on their antiquated system!:rolleyes: Remember, don't cut and paste! You need a copy of what you've posted for your file!

 

If you're up for a fight, I would certainly suggest submitting a counter-claim in due course and claiming damages from them! If any Company should pay up for all of their misdeeds, it's definitely HFC!:D I will be only too happy to help you draft it!

 

Get back to me as soon as you can!

 

Regards,

 

Laiste.:)

 

Hello Laiste,

 

Many apoligies for not being on the site sooner, I have been in A&E with a friend who is pregnant. I have just got in and read your thread.

 

Many thanks

 

Question 1. I sent the cca request to HFC on the 11th April 2007 recorded delivery. They received it on 12th April. I sent them a cheque for £1. They sent me a copy of the application form on 8th May 2007.

 

Question 2. On Experian the account was marked as defaulted last year on 31/08/2006, I did not receive a DN then. I didn't receive a DN on the 28th Feb 2007, but it was maybe sent unrecorded. So I don't think I actually received it:D

 

Question 3. The date on the application form is 26/10/2002. Here is a copy for you to look at.

 

Image01.jpg

 

 

This is a copy of the application form it is not that clear, but I can see no prescribed terms on it. I will not be able to be available on that day, I am working and will not have access to the internet. I was hoping to send it tommorrow night, but the way things are stacking up I don't feel that is ever going to happen. Ther is only about £100 in penality charges, I was a very good customer and paid every month until I started with financial problems.

 

Again thanks laiste and sorry for the delay,

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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Hi HHNF,

 

I will post up the defence later. I don't know what time exactly. If you can hang around in case I have any questions, I would be grateful. Are you familiar with the MCOL system? It's really straightforward. To file your defence you will need your claim form as you will have to enter your claim number and the password on it also.

 

Regards,

 

Laiste.:)

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Hi HHNF,

 

Here is the defence! I have also sent it as a private message also. I hope all goes well with filing it, whatever time you manage to do it!;) Print off the final page that tells you that your defence has been submitted for your records, then you have proof it has gone through. It will be time and date stamped. Let me know when you've done it.

 

Kind regards,

 

Laiste.

 

DEFENCE

 

 

The Defendant denies that he is liable to the Claimant as alleged in the Particulars of Claim or at all. It is averred that the Claimants have commenced these proceedings unlawfully and vexatiously, having failed to prove that a credit agreement exists between HFC and myself. On the 11th April 2007, I sent a request for a copy of the alleged credit agreement to the Claimants enclosing the requisite £1.00 fee, by recorded delivery. It was received by HFC on the 12th April 2007. On the 8th May 2007, the Claimants provided what they have stated is a copy of a credit agreement. The document furnished however, is a copy of an application form, which is not a credit agreement. The document provided does not accord in form and content with sections 60 and 61 of the Consumer Credit Act 1974, or the Consumer Credit (Agreements) Regulations 1983, which stipulates the fundamental requirements for credit agreements. Specifically, the application form does not contain the prescribed terms of the alleged credit agreement; and given that the Claimants are asserting that the document furnished on the 8th May 2007, is a copy of the purported agreement, the fact that said document does not detail any prescribed terms, renders the alleged agreement entirely legally unenforceable and these proceedings are completely unfounded.

 

The request for the alleged credit agreement was made under section 78(1)running account credit, of the Consumer Credit Act 1974. The prescribed time limit for furnishing a copy of the alleged credit agreement is twelve working days from receipt of the request, as stipulated in Regulation two of The Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983. HFC were legally obliged to furnish a copy of the alleged credit agreement by the 27th April 2007. The Claimants supplied a document on the 8th May 2007, which was not a copy of the alleged credit agreement. Accordingly, having failed to produce a credit agreement within the requisite timescale, or at all, the Claimants were in default as of the 27th April 2007. Furthermore, under section 78(6)(b) of the Consumer Credit Act 1974, the Claimants committed a criminal offence as of the 27th May 2007, as the default had continued for a period of one month. The Claimants continue to commit an offence as they have never produced a credit agreement. HFC have issued a Court claim without having any proof that a credit agreement exists. I would therefore contend that the Claimant’s conduct amounts to unlawful harassment.

 

No Default Notice has ever been received by the Defendant prior to the termination of the alleged agreement. If HFC contends otherwise, the Defendant puts the Claimant to strict proof that such a document was received.

 

The Claimants have included a collection charge in their particulars of claim in the amount of £1376.60. This amount is a penalty charge and is unlawful at Common Law, under the Unfair Contract Terms Act 1977 and is a breach of The Unfair Terms in Consumer Contracts Regulations 1999.

 

The Claimants are not entitled to claim interest as detailed in their particulars of claim, as they have not furnished a credit agreement to prove that any contract exists between HFC and myself.

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Hello all

 

Defence now sent and now to wait to see if fireworks go off or not:D

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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  • 2 weeks later...

Hello,

 

Quick update,

 

Received a letter from th BCSB MMMMmmmm as much use as a chocolate fireguardmad.gif

 

Reply from HFC not from the CEO, he is obviously far too busy and has passed it on to his lacky.

 

Their response. They have confirmed the application form is the credit agreement and insist it is.biggrin.gif

 

They have sent me an apology that I did not receive the default notice and sent me a marbles template to show me what I should of received.

 

They will waiver the collection charge, if I write to restons to admit the balance of £xxxxx, fully exclusive of all court fees, costs and interest.

 

Any comment please,

 

I do feel that a letter is about to be contructed in response.

 

Thank you for your confirmation that the document you have sent me is the credit agreement for this alleged debtbiggrin.gif

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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Hello,

 

Quick update,

 

Received a letter from th BCSB MMMMmmmm as much use as a chocolate fireguardmad.gif

 

Reply from HFC not from the CEO, he is obviously far too busy and has passed it on to his lacky.

 

Their response. They have confirmed the application form is the credit agreement and insist it is.biggrin.gif

 

They have sent me an apology that I did not receive the default notice and sent me a marbles template to show me what I should of received.

 

They will waiver the collection charge, if I write to restons to admit the balance of £xxxxx, fully exclusive of all court fees, costs and interest.

 

Any comment please,

 

I do feel that a letter is about to be contructed in response.

 

Thank you for your confirmation that the document you have sent me is the credit agreement for this alleged debtbiggrin.gif

 

Hello,

 

I am in a bit of a quandary, they want me to admit the debt to restons, so I feel that they will use this in court??????

 

The letter I am going to send is in the same view as the complaint. re-inforcing the unenforcable agreement, breaches of the banking code , breaches of the oft debt guidence and the removal of the default. I have now written to experian for confirmation of dates of default. They changed them from august 06 to May 07 and then back again to sugust 06. I feel this is to cover up the fact that they have never sent me a default notice and are trying to cover up their tracks.

 

I have worked out that I have paid them over £4,800 in interest over the years. So would I then offer them 10% of the balance as full and final settlement to close the account and stop the court action.

 

any comments would be greatley appreciated

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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Another letter in today from their royal higness(not) The solicitors

 

 

Further to this matter we understand that you have written direct to our client regarding you concerns with this account and by way of response our client has agreed to remove various charges and fees from the account.

 

As you will be aware the legal proceeding are ongoing and will need to be disposed of. In accordance with our clients request we would ask you to write to this office to confirm that you accept liability for the agreed sum of £xxxx.xx This will allow you the concession of the removal or interest charges, collection chages and fees and costs which are itemised in the claim form.

 

Upon receipt of your confirmation we will provide you with a consnt order for your signature which will also allow you to avoid the necessity of a ccj and will effectively dispose of the current proceedings.

 

 

Please may we hear from you within seven days.

 

 

MMMMMM very interestingbiggrin.gif

 

me thinks they really do want me to admit to something.wink.gif

progress.gif

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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yes interesting, are they worried the agreement will be found totally unenforceable?

 

good luck, I now have a case no from ICO so hope to post more soon:)

 

good luck with claim, you are doing well.

'rise like lions after slumber, in unvanquishable number, shake your chains to the earth like dew, which in sleep had fall'n on you, ye are many, they are few.' Percy Byshse Shelly 1819

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  • 2 weeks later...

Hello,

 

Quick update,

 

Well I was very rude and did not respond to their request:-o :D

 

Have received another letter yesterday from them.

 

We await a reply to our letter dated blah blah failing which the proceeding will be transferred to your local court for summary judgement proceedings.

 

Well I never

 

I am actually almost trembling, but is it fear or excitement :eek::D

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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