cca requested but have received an application form

melie3

hello,
just need to know if this is enforcable please. hfo have sent me a deed of assignment, but its using m and s logo, but m and s have confirmed they didnt send it. also hfo sent a signed copy of the app form, which they say says stated terms etc, it only refers to the cc act, dont it need to have apr, amount of credit etc.... should i keep fighting or give up??? what should i do now, as now they are gonna get their solicitors to contact me as im a homeowner


please advice thankyou
melie is in a bit of a state

stapeley

A application form is not a CCA . Send off the default letter if the time limit has passed . Stay firm they will threaten alsorts .Read up as much as you can .Give us some more details dates etc amounts . cheers

phil80

I myself have had dealings with HFO but they seem to have left me alone now for about six months. They are bullies and will say and do anything to try and get you to pay up.

THey were chasing me for a debt i apparantly owed 3G for a mobile i had with them which i settled when i closed my account as 3 have confimred to me in writing.

I sent HFO a 'prove it' letter and within a few days i recieved a dodgy looking letter with the 3 logo scanned onto it saying that my debt with 3 had been passed onto HFO for collection (obviously sent by HFO) i called up 3 to ask if they had sentme out this letter and they confirmed that they had not and my account had been settled and closed at the end of my 18 month contract.

Anyway enough rambling on. A copy of the application form is not a fully compliant CCA request so just sit tight and once the 12+2 days is up from when u sent the original request send them this letter.

Quote:
FORMAL NOTICE - ACCOUNT IN DISPUTE.

Ref: ****************

Dear Sir/Madam,

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

On the **DATE** I wrote to you requesting a copy of the credit agreement and other information under the Consumer Credit Act 1974 (Sections 77-79).

On **DATE** a member of your staff signed for delivery of my written request and I have an electronic proof of delivery showing their signature and the date.

To date you have failed to comply with these requests in any way.

These documents I requested should be readily available as proof of your legal right to collect this account under the Consumer Credit Act 1974.

In my letter of the **DATE** I made a formal request for a copy of the signed, executed credit agreement for the above account under Sections 77-79 of the Consumer Credit Act 1974. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

Furthermore, you are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before you enter into a default situation.

These limits have expired.

As you are no doubt aware section the Consumer Credit Act states:

If the creditor fails to comply with Subsection (1)

(a) He is not entitled , while the default continues, to enforce the agreement.

And

(b) If the default continues for one month he commits an offence.

Therefore this account has become unenforceable at law.

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

Furthermore I shall counter-claim that any such action constitutes unlawful harassment.

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

It is not sufficient to simply state that you have a ‘legal right’. You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

Should you not respond within 14 days I expect that this means you agree to remove all such data.

Furthermore you should be aware that a creditor is not permitted to take ANY
Action against an account whilst it remains in dispute.

The lack of a credit agreement is a very clear dispute and as such the following applies.

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.
* You may not add further interest or any charges to the account.
* You may not pass the account to a third party.
* You may not register any information in respect of the account with any credit reference agency.
* You may not issue a default notice related to the account.

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

Pleas supply me with a copy of your complaints procedure in writing.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

Yours faithfully


Hope this helps.

After a further 30 days are up there is another letter to send if they do not reply will post that again if the need arises just message me.

melie3

thankyou guys, i thought i was perhaps right in thinking this is not acceptable.... hfo keep asking WHY do i want the cca, i keep saying because its my right and they have a legal obligation to supply it when asked.....

phil80

Your correct so just stick to your guns

stapeley

They are trying to wear you down . If they call you, refuse to answer there security questions. Or if they ask it that

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just stay No! I bought this phone at carboot sale .