Equidebt - Heatons CCA Request Abbey Loan

[itsamomentintime]

Bigger please???

 

 

if my missus ever said that i would go mental!!!!

[Edz11]

and being a red you're already sufficiently paranoid:D .

 

I did mean the agreement!!!:o

[patrickq1]

I sent a letter to MORGAN STANLEY last week,due to the fact that HFO CAPITAL LIMITED have been phoning me and the wife several times a day for the last three months or more,what i received this morning due to a CCA sent to HFO SERVICES LTD on the 28 nov 07,

MORGAN STANLEY

We refer to your account with MS.

This letter is to inform you that,with effect from 14 june 2007 we have sold your account to HFO CAPITAL LIMITED

from now on,you must accordingly direct all payments due under the agreement(MS in default when i sent a S.A.R - (Subject Access Request) .no agreement or contract sent since April 07),as well as correspondance and enquiries,to HFO SERVICES LIMITED ,which is servicing the account on behalf of HFO CAPITAL LIMITED,

HFO SERVICES LIMITED

PO BOX 343

WEST BYFLEET

SURRY KT14 6YX

Although the assignment does not effect the terms and conditions of your agreement,you should note that ,from now on,no variation,amendement,release or waiver of your obligation to make payment may be made or granted without the prior written consent of HFO SERVICES LIMITED

Since i have already CCA to HFO CAPITAL LIMITED what should i do next do i await HFO to default or what do you sugest,I know that HFO use Turnbull Rutherford solicitors who are notorious for placing their cases in two courts at the same time for the same debt and play all sort of dirty tricks like not forwarding your responses until the case has defaulted...so what is the best course of action

patrickq1

[patrickq1]

Name & Registered Office:

HFO SERVICES LIMITED

KINGS PARADE

LOWER COOMBE STREET

CROYDON

SURREY CR0 1AA

Company No. 05120067

 

Status: Active

Date of Incorporation: 05/05/2004

 

Country of Origin: United Kingdom

Company Type: Private Limited Company

Nature of Business (SIC(03)):

7487 - Other business activities

Accounting Reference Date: 31/12

Last Accounts Made Up To: 31/12/2006 (FULL)

Next Accounts Due: 31/10/2008

Last Return Made Up To: 05/05/2007

Next Return Due: 02/06/2008

Last Members List: 05/05/2007

 

I cannot find HFO CAPITAL LIMITED ?

 

Previous Names:

Date of changePrevious Name03/08/2004ROXBURGHE (UK) LIMITED16/07/2004HFO SERVICES LIMITED

[moneydragon]

and being a red you're already sufficiently paranoid:grin: .

 

Hey edz nothing wrong being a red!!

 

Help I have tried and tried to get this copy bigger but without any success. I think it may be that my scanner is past it! Can someone please tell me what I should be doing to upload this:confused:

[rory32]

The problem is the file size. What software are you using?

[patrickq1]

GOLDFISH STATEMENT

Ending balance: £3,713.73 02/12/2007

 

MORGAN STANLEY Ending balance:STATEMENT IS £3772.36 30 NOV 07

HFO STATEMENT Ending balance: £4503.23

20 NOV 07 ALL THE SAME DEBT

not forgeting that WESCOTS BALANCE IN APRIL O7

WAS 4770.00 I FIRST CCA WESCOT IN MARCH 07 YET MORGAN STANLEY HAVE NOT TO DATE SENT ME A CONTRACT

[patrickq1]

bump

[moneydragon]

bump

 

Hi Patrickq1You will need to set up your own thread where someone who is far more knowledgeable than I will be able to help you.Good luck

[patrickq1]

i know i did nt think but thought i was on a HFO thread when i posted not reilising i had jumped pages ,sorry

patrickq1

[moneydragon]

hi me again

 

I am still struggling with this agreement. I have managed to upload into photobucket but now I am trying to post here.

 

In the meantime can someone please confirm if I am right in that this is still in dispute as they may of supplied some form of agreement but have failed to supply me with a proof of assignment and a statement of account as requested in my cca request or do I now need to send an sar.

 

Please help:confused:

[Boro]

If you want to pm me with the link to the image i will stick it up here for you

[moneydragon]

Thanks Boro as I am still having trouble, I think it is because my scanner is old and the file being too big. I have typed it up as it is perhaps someone could take a look and advise if this is enforceable:

 

Credit Agreement regulated by the Consumer Credit Act 1974 A

THIS PERSONAL LOAN AGREEMENT is made between *********** (the Lender) and the customer (whose name and addres appears in Fisrt Schedule) upon the terms and conditions set out overleaf and in the Schedules which together constitute this agreement. Where there are two or more of you, each of you is separately responsible for performing both your own obligations and those of your co-signatories under this agreement.

 

FIRST SCHEDULE – CUSTOMER DETAILS Application No

Surname Time with employer

Forenames Type of employer

Address Time with bank

Bank account type

Cheque card

Time at address Credit card

Date of birth Purpose of loan

Home telephone no Payment Protection

Occupation

 

Loan Account No.

SECOND SCHEDULE

Particulars of Loan

Loan (a) is payable by ** monthly amounts of £

Interest commencing one month from signature by

Total Amount(a) the Lender and thereafter

YOUR RIGHT TO CANCEL

Once you have signed this agreement you will have for a short time a right to cancel. Exact details of how and when you can do this will be sent to you by post by us

SIGNATURES TO AGREEMENT

This is a Credit Agreement regulated by the Consumer Credit Act 1974. Sign it only if you want to be legally bound by its terms

Customer to sign in this box FOR BANK USE ONLY

Signed & dated

Thanks:(

[itsamomentintime]

any mention of an APR?

[moneydragon]

any mention of an APR?

yes 16.90%

 

md

[itsamomentintime]

and the prescribed terms are where exactly?

[moneydragon]

and the prescribed terms are where exactly?

Hiya Itsamomentintime

 

nowhere on the copy I received, what I got was as I typed in my previous post. I assume the t&c are on the reverse but Equidebt have failed to supply these as well as proof of assignment.

 

What do I do now? I am starting to panic as they have threaten next step is court and they think I am ignoring them when I am unsure what to fire back.

 

md:confused:

[Edz11]

Just tell them that you haven't yet been provided with an executed agreement that contains the prescribed terms. Ask them when they are going to let you have it...

[Having_A_Knightmare]

If you have a digital camera take a pic of the agreement and post it

[moneydragon]

Good one HAK will take a pic and post later. In the meantime I have put together a reply to Equidebt as I am conscious that time is going on. Can someone please take a look over it and let me know if this is correct :

 

Thank you for your recent letter sent to me dated ***, the contents of which are noted. However, the reply received by me on **** does not fulfill your requirements under the Consumer Credit Act 1974 as, I have not yet been provided with an executed agreement that contains the prescribed terms. Can you please confirm when you are going to supply me with these.

 

I have received no documentation from Equidebt that this debt has been assigned to you from the original creditor, I also require that you supply a signed, true copy of the deed of assignment of the above referenced agreement. You are reminded that you are obliged to supply these documents, whether you are the original creditor or not, under s.189 of the Consumer Credit Act 1974. Also I have received no full statement of account, detailing all charges and payments made, which is your obligation under the legislation contained within s.77 – s.78 of the Consumer Credit Act 1974

 

Note that until I receive the correct documentation you are not able to process my data or pass my data to outside companies such as credit reference agencies. If you have done so, by mistake, I would ask you to immediately remove any such entries and confirm this in writing.

 

I still consider the account to be in dispute and as such no further enforcement actions may be taken on it until the matter is resolved.

 

Thanks for all your advice, I am starting to feel I am getting out of my depth here.

 

md

[moneydragon]

bump

[Edz11]

That reply is spot on. No problem. And you aren't out of your depth. Everyone who comes on here (well, mostly), know nothing about consumer credit legislation. In time you will know more than most trading standards officers or solicitors...

[Having_A_Knightmare]

Nice letter, Ive started adding this line in:

 

If you continue to chase th debt I will be asking T/S to start criminal procedings against you for the breach of the act.

The outcome to this could be a £2500 fine or a 6 month prison sentence to your director.

 

HAK

 

Click here for great help:razz:

http://www.consumeractiongroup.c o....hat-youre.html

 

http://www.consumeractiongroup.c o....i-dummies.html

 

If I have helped please give the scales a press.

[moneydragon]

Edz11 & HAK

 

Thank you both I will get this off to them.

[moneydragon]

Hi All and a Happy New Year

 

Well after their previos threat of court. I have now received a reply to my above letter in the form of a Doorstep Collection Notice, if I do not respond to their letter , oh yes if I can not setlle in full then they will consider setting up a repayment plan, therefore avoiding further action and additional costs.

 

Is this not harassment? and is there a template that i can do to tell them they are not welcome to call, though my german shepherd is patial to a stranger or two!