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  • #1

    Who and what complaint?

    Hi who should I complain to and is there any legislation or case law?

    My OH has a CC that was changed to an interest - free loan over 10 years (about 6 or 7 years ago). A payment was possibly missed last September. So far the OC has refused any details without a signature and has just refused a CCA request for the same reason. There is a SO which is still being paid and all communication goes to our home address.
    Finally in April I sent a letter requesting the complaints procedure which has been ignored!

    OH has now been told a default is going to be registered and to pay immediately.

    I am trying to compile a sufficiently caustic letter and want something other than CPUTR to quote. (I believe the CCA is unenforceable as there is no right to cancel box.

    Thank you
    I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

    If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.
    Tags: action, application form, banks, cag, card, cca, cca request, charges, complaints, con, court, cra, credit, customer, data, data protection, dca, debt, default, defaulted, details, dpa, finances, fos, help, hfc, ico, legal, legislation, letter, loan, niddy, pay, protection, sar, signature, template, templates, unenforceability
  • #2
    Re: Who and what complaint?

    I thought you had to miss three payments before a default is registered.

    Comment

    • #3
      Re: Who and what complaint?

      they are not allowed to refuse to try to produce a CCA regardless of lack of signature. Why was it changed to a loan? Were you having trouble paying it? If you were having trouble paying 6/7 years ago and they changed it then I would have thought it would be defaulted then and it can't be defaulted twice. Which bunch of cowboys is this with?

      Comment

      • #4
        Re: Who and what complaint?

        You only have to miss one payment to be defaulted

        Regards to signature required, this is bull. Quote s.175 cca(1974)....

        There is a template here that we usually use:---> http://forums.all-about-debt.co.uk/s...&postcount=116
        I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

        If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

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        • #5
          Re: Who and what complaint?

          Well their letter states that they are demanding immediate payment of the overdue ammount, if they don't receive it within 7 days they will serve a DN and charge £16. They will also report to a licensed CRA.

          This has been ongoing for months with them refusing to supply anything without a signed letter!
          I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

          If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

          Comment

          • #6
            Re: Who and what complaint?

            Sorry just realised s.175 won't apply as it's the OC

            Try this - moreso the DPA legislation ---> http://forums.all-about-debt.co.uk/s...7&postcount=11
            I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

            If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

            Comment

            • #7
              Re: Who and what complaint?

              Originally posted by cymruambyth View Post
              Well their letter states that they are demanding immediate payment of the overdue ammount, if they don't receive it within 7 days they will serve a DN and charge £16. They will also report to a licensed CRA.

              This has been ongoing for months with them refusing to supply anything without a signed letter!
              Ok then send this recorded delivery ASAP :---> http://forums.all-about-debt.co.uk/s...7&postcount=11

              If they default you we'll help you go to the ico and get it wiped
              I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

              If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

              Comment

              • #8
                Re: Who and what complaint?

                I have been fighting a rear guard action since 2002 with our finances! This is a loan with HFC. I have all the original paperwork, an unsigned form and the agreement with no signatures or dates on it. There is no cancellation box on any of the papers.
                I am happy to pay the sum, just don't know why they won't give any details of the default.
                I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                Comment

                • #9
                  Re: Who and what complaint?

                  Originally posted by cymruambyth View Post
                  I have been fighting a rear guard action since 2002 with our finances! This is a loan with HFC. I have all the original paperwork, an unsigned form and the agreement with no signatures or dates on it. There is no cancellation box on any of the papers.
                  I am happy to pay the sum, just don't know why they won't give any details of the default.
                  Have you been defaulted? A SAR would provide any such details; not a cca request!

                  In essence if this was a card and merged to a loan without cancellation notice and without your knowledge (ahem) then you will win; it'll be 100%

                  What's your credit file like, as things stand? If you're not bothered about getting a default I'd consider going down the unenforceability route?
                  I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                  If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

                  Comment

                  • #10
                    Re: Who and what complaint?

                    Originally posted by Never-In-Doubt View Post
                    Sorry just realised s.175 won't apply as it's the OC

                    Try this - moreso the DPA legislation ---> http://forums.all-about-debt.co.uk/s...7&postcount=11
                    Hi I've already sent a CAG version of this!

                    They are legally obliged to confirm that they are forwarding information to their customer only. As they are unable to verify the signature the £1 is returned and the file is closed!
                    I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                    If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                    Comment

                    • #11
                      Re: Who and what complaint?

                      Originally posted by cymruambyth View Post
                      Hi I've already sent a CAG version of this!

                      They are legally obliged to confirm that they are forwarding information to their customer only. As they are unable to verify the signature the £1 is returned and the file is closed!
                      Who are you speaking about? The lender or the dca? Is there even a dca involved?

                      In any case they cannot enforce this whilst they remain in default of your s.77 request (I presume you done a s.77 fixed term request?)....

                      The only thing here depends on whether a default will harm you in any way. If not cease paying and take them on! Why not?
                      I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                      If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

                      Comment

                      • #12
                        Re: Who and what complaint?

                        By the way the legislation you refer to would be data protection (7th principle) and cca(1974) (various including s127(1); s.127(3); s.61(1) & s.65(1) cca1974

                        Pointless trying a legal presedent using cputr when indirectly they're in breach of various cca1974 points that lead to unenforceability. It's cheaper & easier to fight with, than trying to scare them with the unknown and untested cputr.
                        I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                        If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

                        Comment

                        • #13
                          Re: Who and what complaint?

                          This account has always been with HFC.
                          Yes a s77 request was sent in April.
                          I haven't checked the CRAs for a while, unless Cabot have been playing games ....... most defaults should have cleared, though HFC could have been reporting from last September.
                          I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                          If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                          Comment

                          • #14
                            Re: Who and what complaint?

                            You're oh so vague

                            Ok so hfc have the account and they are refusing to send a cca without your siggy right? So what you do is fool them, get your partner or someone to sign it for you using their handwriting but show them your siggy first so it's similar. Then if sn agreement shows up with that siggy on you've got em by the balls. It's obvious they need your siggy to make it enforceable!

                            Want me to sort you a template to send tomorrow? One that mean you don't sign it? Or just report them for their breach of s.77.

                            That's your 3 options really.

                            Final question. Have you been defaulted on thus account - ever?
                            I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                            If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

                            Comment

                            • #15
                              Re: Who and what complaint?

                              Sorry I don't mean to be vague; about 18months ago we went to battle with LTSB and just before court I posted something on CAG and this error was the first thing addressed in court and it has made me cautious/suspicious.

                              Yes this was an HFC cc, it became a loan 0% 10 years and SO has gone out every month. A slight financial blip in September meant some payments were delayed.
                              I have since January been trying to get confirmation if and when this was defaulted. They have refused because the letter sent in reply to their letter was not signed.
                              Got a bit fed up with them in April so I decided to send a CCA request and a request for their complaints procedure. They have refused the first and ignored the second. We have liked them because their restructuring gave us a chance to clear the money.
                              Tempted to fight them as a simple letter in January would have ended all this.
                              I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                              If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                              Comment

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