Who and what complaint?

[Never-In-Doubt]

Re: Who and what complaint?

Definitely want to report them for breach of s77.

Want to report them for failing to supply complaints procedure.

Where would the s.77 breach come into effect? I would say as this was originally a card, it would be a s.78 - however this is why I suggested obtaining a SAR so that it can be easily established exactly what went on here - point is they cannot change you from a card to a loan without notifying you, think back to the M&S chargecard -> creditcard carry on a few ago, in fact Debenhams did the same IIRC

Basically i'd be sending for SAR and then taking things further, after i'd studied the content of the SAR enclosures....

SAR Template here: ---> SAR Request - Advanced Version

[cymruambyth]

Re: Who and what complaint?

Definitely want to report them for breach of s77.

Want to report them for failing to supply complaints procedure.

[cymruambyth]

Re: Who and what complaint?

I haven't sent a SAR yet. Although I've been battling for several years, the fact that I have not had grief (until recently) I had just carried on paying this. I felt it was best to concentrate on the DCAs and LTSB who were and still are being 'a bit difficult'.
The 10 years started in 2004 which is why it is still being paid.

[oscar]

Re: Who and what complaint?

Take them on and fight.

I had a CC with HFC who were abysmal to deal with. ANyway, I sent all the usual templates off asking for this, that and the other. Eventually, they stopped dealing with me. I then went to FOS (this was my one and only possibly quite simple mistake) - this failed as they have no powers in that field.

Then, I spoke to Niddy (who I had been speaking to anyways) - I then sort of restarted the process. Not from scratch, but near enough.

Few weeks ago I got the result of the (second) DCA taking this on - it was written off. My thread is HERE if you would like to read it.

EDIT: I should also add that this was in two and a half years (from start to finish) after originally writing to the creditor and asking for help (financial diffs)

[Never-In-Doubt]

Re: Who and what complaint?

Ok thanks for this. So have you been defaulted then, have you sent a SAR?

And why are you still paying a 0% loan after ten years?

[cymruambyth]

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.

[Never-In-Doubt]

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?

[cymruambyth]

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.

[Never-In-Doubt]

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.

[Never-In-Doubt]

Re: Who and what complaint?

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?

[cymruambyth]

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

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!

[Never-In-Doubt]

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.

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?

[cymruambyth]

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.

[Never-In-Doubt]

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!

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

[Never-In-Doubt]

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