No credit agreement

GeorgeUK

HFO are the ones that now own the debt and have a legal obligation to fulfill. Just because they don't have the CCA does not mean they can get you to do all the chasing and legwork.

Stick to the timescale for CCA requests. After 12+2 working days, they will be in default and the debt unenforcable - at this point, send the 12+2 day letter informing them of your intention to report them to the financial regulators, OFT and TS. State that you require your details to be removed from their system and that you require confirmation when this is done (I believe this is a section 10).

barafear799

In the meantime I have had a phonecall (surprise surprise) from Turner Rutherfords. They asked whether I had got HFO's reply stating that I had to chase my cc company myself - I informed them I had got that letter, and that it was incorrect - Turner Rutherford claimed it was not - not like them to mislead their "clients" is it?
Anyway - I asked them why they were phoning me as I had asked to be removed from their database and to stop harassing me with their phone calls - they informed me that it was a "courtesy call" - oh how nice.

lotty41

I started a new thread today,, didnt get much of a response so Im thinking I should have continued here. Why am I so crap at tech stuff!!
Anyway for those that remember my dealings with HFO, I still haven't received a CCA. Asked for it in the first instance in 2008,Jan 2009 sent default letter. Today informed them that payments are being stopped. Am I correct in doing this?

pure_dead_dopey

Hi Lotty

Niddy has moved to a new site and he is the undoubted expert in all things UE.

Link is here http://forums.all-about-debt.co.uk/index.php

good luck

lotty41

thank you x

thechippy

Lotty,

If this is to do with Citi, they rarely send an agreement because they already know they are UE. They will send a recon or nothing.

You need to send a SAR to HFO. You need to find out who actually OWNS the debt. It's quite normal that the debt is owned by HFO Capital, but they use HFO Services to chase. Capital can't litigate as they are offshore, so they use services. Thing is, services can't litigate as they don't own the debt. If you can prove that capital own the debt, it would be thrown out of court, as services have no right to litigate. You need the letters of assignment - you should SAR Citi as well........;)

lotty41

Hi again thechippy,
Took on board what you said in your last post to me. I have just read through HFO's witness statement that they produced in court in 2008 and yes you are 100% correct. In the statement is a copy of the 'Account Sale Agreement', sold to like you said 'HFO Capital Limited' located in Cayman Island!!
I have stopped payments to them. Even in the witness statement they say they were unable to get a copy of cca but Citi assured them that it was being processed!!! Yeah right. Anyway I think 2 years is more then enough time for them to have sent me a copy.
So I'm sure I've done the right thing by stopping payments, do you agree?. I only wished I new the info that you told me when I went to court 2 years ago.

Lotty x

lotty41

Have also just found a letter (forgot about this one) that HFO sent me in April '10, saying that they have requested a copy of cca from Citi card and they will forward it to me when they receive it. Funny that, they said in court in 2008 that they had requested it from Citicard. So I'm guessing they will try to get me back into court again at some point.

thechippy

Hiya Lotty,

Keep that documentation safe - you can stuff them with that!
Yeh, stop payments - the idiots can't litigate.

Citi won't bother to look for an agreement now it's sold on. What for? they have already washed thier hands of it and won't waste anymore time. They won't have a compliant agreement anyway....;)

Edit.

They cannot add interest unless there is a specific allowance for this to be done in the original agreement in the event of the debt being sold on. Oh, hang on, can't find the agreement can they? So, I'd tell them to stuff the interest where a monkey stuffs it's nutz...PROVE that interest can be added! It's an illegal charge!!
Not only that, they don't own the debt anyway and the provision for added interest when a debt is sold on in an agreement is RARE...

Utter morons hoping that we know nothing...BUT we do!!

lotty41

Oh yes I'll be keeping that letter very safe, might even frame it lol!!! Dont know if I should have but I sent a letter saying I'm ceasing payments, no if's or but's, no looking to hearing from you soon. I'm sure they will send a reply, will update you when I do x