I Need Consumer Revenge

YorkshireBoy

---lee--- wrote:

The way I understand it (after the event) is that Currys system should have cancelled the whole process automatically when I cancelled the agreement but in the event something went wrong.

I think this is where you went wrong Lee.

Your agreement with Curry's was to "take delivery of a fridge", but your agreement to "pay for it" (within a certain timescale) was made with HFC.

This is because as soon as the sale was processed by Curry's, and as soon as HFC had processed your credit agreement, HFC agreed to pay Curry's for your fridge.

When you cancelled the order the next day, Curry's should have cancelled their "invoice" to HFC for payment for your fridge. At the same time you should have invoked your right, under the Consumer Credit Act, to terminate your credit agreement with HFC within 14 days (check your paperwork for the exact period).

I hope there is some possibility that you can have the "missed payments" removed from your credit report, once this has been resolved.

YorkshireBoy

---lee--- wrote:

A summary of my lessons learned:

1. Keep everything in writing.
2. Record and log any phone calls.
3. Steer well clear of HFC.

Could I add...

4. Read the T&C's of the credit agreement.

dchurch24

I have had some terrible dealings with HFC - I bought a bed from Courts some time ago, and it was on 0% finance (financed by HFC).
Shortly after I was receiving phone calls from HFC demanding nearly £8k - I told them I have no idea what they were talking about and that seemed to be the end of the matter. Until the next call for the same demand, then again, then again, then again all in one day. They told me that if I didn't pay it would affect my credit rating - my response was 'go ahead, then I will sue you for libel' (as technically it is), shortly after I got a call from a supervisor who explained that when I bought the bed, I was automatically given 8k of credit, but I had only used the amount the bed cost; someone, somewhere had a minus sign in the wrong place.

In the end, I managed to get them to knock off a considerable sum of money (including, but not limited to, late payment charges of course, as I had no intention of paying any payments towards a sum I didn't owe)

I would write to them stating that you are going to start proceedings against them for recovery of the costs incurred by you in trying to sort a mess out that they could very easily have sorted with one phone call.

...unless, they come to some arrangement!

---lee---

YorkshireBoy wrote:

Could I add...

4. Read the T&C's of the credit agreement.

You just did.

I do understand how a credit agreement works though and the terms do not mention anything about being chased relentlessly for money that you don’t owe for goods that you have not received. In any case, when you cancel an agreement, it's void. As the agreement did not stipulate how to go about this, I did it by telephone. An improvement over this would have been in writing.

dchurch24

I do understand how a credit agreement works though and the terms do not mention anything about being chased relentlessly for money that you don’t owe for goods that you have not received. In any case, when you cancel an agreement, it's void.

Well said.

---lee---

dchurch24 wrote:

I have had some terrible dealings with HFC - I bought a bed from Courts some time ago, and it was on 0% finance (financed by HFC).
Shortly after I was receiving phone calls from HFC demanding nearly £8k - I told them I have no idea what they were talking about and that seemed to be the end of the matter. Until the next call for the same demand, then again, then again, then again all in one day. They told me that if I didn't pay it would affect my credit rating - my response was 'go ahead, then I will sue you for libel' (as technically it is), shortly after I got a call from a supervisor who explained that when I bought the bed, I was automatically given 8k of credit, but I had only used the amount the bed cost; someone, somewhere had a minus sign in the wrong place.

In the end, I managed to get them to knock off a considerable sum of money (including, but not limited to, late payment charges of course, as I had no intention of paying any payments towards a sum I didn't owe)

I would write to them stating that you are going to start proceedings against them for recovery of the costs incurred by you in trying to sort a mess out that they could very easily have sorted with one phone call.

...unless, they come to some arrangement!

It just annoys me that they can get away with it. This was the letter I wrote when I thought the matter had been concluded:

Pasted in from word. Some details removed for by privacy.

xxx

Your ref: xxxx

14 February 2005

xxx

Dear Ms xxx,

I am writing to express my dissatisfaction with your organisation. In November 2003, I ordered a refrigerator from Currys, on terms through your bank. Shortly after the order, and prior to any delivery of the goods taking place, I cancelled the order directly with Currys.

Naturally I assumed that this was the end of the matter, however, when the interest free period expired for the terms, your company attempted to collect payment from my account.

I of course telephoned and explained the situation and was told that Currys would need to contact the bank and supply cancellation information. Currys attempted to do so on numerous occasions (on request by me) but were faced with inaccessible layers of bureaucracy and incompetence, all of which prevent this simple situation being resolved before it became very complicated.

I have since been remorselessly pursued by the bank determined to collect both the original balance for the refrigerator, interest and a whole plethora of trumped up fees.

I would be grateful if you could answer the following concerns:

1) Why did the bank use the data protection act as an excuse not to discuss and resolve the situation with Currys? Clearly such discussions would have formed part of the banks normal business. Even when my permission was given (multiple times) for the bank to discuss my account with Currys, they were still stonewalled.
2) Enormous energy was committed by the bank to collecting these payments, interest and fines – none of which were owed. Why (despite my many pleas) did the bank refuse to channel a tiny portion of this energy into resolving the discrepancy with Currys.
3) Why was it necessary for the bank to call me on a daily basis (and sometimes upto 3 times a day) to try and collect this money off me? Each time I explained the situation again but I might as well have been talking to the wall.
4) I have been told by the bank that my credit rating would be severely damaged as a result of non-payment of the numerous fines related to this matter and the original balance (which was of course never owed). The bank has also written to me indicating that legal action has began against me to recover these monies and that they have defaulted the ‘loan’. Will the bank ensure that all these actions are reversed and confirm this in writing as well as supplying me with a copy of my credit records to prove this?
5) The last collection agent who called to harass me was extremely rude and unhelpful. She even suggested that I employ a solicitor. xxx
6) Despite all this, I am not devoid of a sense of humour and have been amused that in between the harassing phone calls and letters, the bank has also called to ask me if I would like to borrow additional funds – perhaps for a holiday/car etc. Not a bad idea as I certainly feel that I need a holiday after this experience, however, I think it would be appropriate for the bank to pay for it by way of apology.

I have tried to keep my letter of complaint concise and limit it to the facts of the situation – this is difficult for me however as the subject is both very emotive and distressing to me.

My credit history is also excellent and I am disgusted that it has been blackened by this matter. Also, despite being made fully aware of the situation, the bank did not halt legal proceedings against me.

To conclude, I strongly feel that the bank employed enormous might, energy and bullying tactics to try to force me to pay this money (which was never owed). I look forward to your reply, however I would appreciate it if this could be in writing as I do not want any further calls from your bank under any circumstances.

Yours sincerely,

x

---lee---

youngandreckless wrote:

It's not so much they made a mistake, its the fact you're treated like a criminal for trying to straighten it out and not paying what you don't owe. I'd like to know how much money I spent trying to get it all sorted....

Exactly.

I don’t want to go into the reasons why as they are personal (and not financial) but at the time I was basically in the middle of a nervous breakdown when they started this. Fortunately, I’m (just about) back to my old self now, but at the time this was very difficult for me and my young family.

dchurch24

Excellent letter.

---lee---

YorkshireBoy wrote:

I hope there is some possibility that you can have the "missed payments" removed from your credit report, once this has been resolved.

Removal of these is pretty certain as HFC assured me back in Feb that they would be removed, so I guess this is just the latest in a series of errors. Maybe I'm just unlucky :rolleyes:

I wrote them this letter about it (of course) :

xxx

xxx

Your ref: xxx

19 November 2005

F.A.O. xxx xxx
HFC Bank Ltd
PO BOX 2445
Birmingham
B1 3PJ

Dear xxx,

When HFC last wrote to me, I was assured that my credit rating would not be damaged due to the fiasco with my account. Contrary to these assurances, I have found that HFC have recorded damaging and incorrect records with both Experian and Equifax. Copies of the incorrect entries are enclosed.

I would be grateful if you could correct these entries as a matter of urgency and write back to me (or email) to confirm that they have been corrected or removed.

I will take this opportunity to thank you in advance for your help.

Yours sincerely,



xxx

As I had not heard anything back, I rang them yesterday and they said the data had been corrected and a letter was in the post.

Absurdly, I was thanked for bringing this error to their attention !

YorkshireBoy

Lee

Whilst I stand by my earlier posts in that I believe a lot of the grief could have been avoided (and isn't hindsight wonderful?), I now understand that there were extenuating circumstances prevailing at the time.

Best wishes, and I hope it works out for you.

Good luck.