HFC, HBOS, FOS and 1st Credit.

oscar52

I have a CCA dispute with my HFC Marbles card (now operated by HBOS) and a complaint is currently with FOS. I have spoken with them a couple of times on the phone, last one being this week when they sent a notmal threat of legal proceedings if I didnt pay up. Just informed them of the dispute with FOS, which they asked a copy of the acknoweldgement from them. (quite happy to do this)

I also informed them I needed a copy of the original agreement (which HFC have never been able to provide) and the NOtice of Assiginment.

Had their reply today which states - ".... we have contacted HFC ... document to be sent as soon as possible"

And with regards to the NoA - "... Section 136 of the Property of law Act 1925 provides that the debtor is notified of the assignment of the debt in wirting and not the notice itself.

Im sure all this is Bull - have read similar threads here before.

Can anyone advise. (maybe I should CC in the OFT in my reply given the current investigation)

Thanks

mm2000

I'm not sure of anything to do with Notices of Assignment, but I would most definately contact OFT and Trading Standards.
If you can read through OFT guidelines on debt recovery, see if any guidelines have been broken. Then let HBOS know of the complaints you have made etc. they certainly tend to listen to you seriously then and try to make sure they are not breaking any further guidelines.
I've just had some success with Amex and a DCA by doing this. If you know your rights and they are acting against them let them know it.
Best of luck.

fermi

oscar52 wrote: »

Im sure all this is Bull - have read similar threads here before.

I suspect that the person writing that is confusing a "notice of assignment" with the "deed of assignment".

The first is the notification to the debtor which MUST contain the amount/balance assigned, the parties to the assignment (seller/buyer) and the date of the assignment.

The above MUST be sent for the assignment to be valid.

The "deed" is the legal document/contract for the assignment. You are not automatically entitled to see that, but you can request it is produced in court.

oscar52

mm2000 wrote: »

I'm not sure of anything to do with Notices of Assignment, but I would most definately contact OFT and Trading Standards.
If you can read through OFT guidelines on debt recovery, see if any guidelines have been broken. Then let HBOS know of the complaints you have made etc. they certainly tend to listen to you seriously then and try to make sure they are not breaking any further guidelines.
I've just had some success with Amex and a DCA by doing this. If you know your rights and they are acting against them let them know it.
Best of luck.

Thanks mm2000 - I know they are breaking guidelines - HFC I dont thin really did - my account was sold to HBOS before my complaint was registered (they just administered the accoutn for a while)

HBOS definately have as it was passed to a third party when in dispute. And 1st have as they havnt given me documents and refuse to pass it back

oscar52

fermi wrote: »

I suspect that the person writing that is confusing a "notice of assignment" with the "deed of assignment".

The first is the notification to the debtor which MUST contain the amount/balance assigned, the parties to the assignment (seller/buyer) and the date of the assignment.

The above MUST be sent for the assignment to be valid.

The "deed" is the legal document/contract for the assignment. You are not automatically entitled to see that, but you can request it is produced in court.

Fermi, they do indeed refer to it as the DoA.

I will take a look for the letters a little later (suggestion on this though, could we not get them all as a sticky at the top - 100s of people ask for them all the time)

fermi

oscar52 wrote: »

I will take a look for the letters a little later (suggestion on this though, could we not get them all as a sticky at the top - 100s of people ask for them all the time)

I'm going to sort out a proper letter template thread sometime soon.

It's not a quick job though, since there are many many different letters/versions that have been devised, some of which have some questionable assertions in them.

oscar52

fermi wrote: »

I'm going to sort out a proper letter template thread sometime soon.

It's not a quick job though, since there are many many different letters/versions that have been devised, some of which have some questionable assertions in them.

Can appreciate its not an easy job!

oscar52

Would I be ok to send the "I do not acknowledge" letter with this?

And also is there one on the site that asks speifically for the NoA?

oscar52

Can someone point me in the right direction for the letters. I have been searching, but without much luck.

1st letter I need, is one asking for the Notice of Assignment. Have already verbally requested thie to be told the dont have to provide the Deed of Assignment which is a different document.

Is there also one about them needing the CCA? or could this / is this incorporated with the "i do not acknowledge" letter (also where is this - there appears to be a few and am unsure which one

Thanks in advance.

10past6

Oscar

Send an SAR off, this will cover all the documents you require

Data Protection Act 1998 Subject Access Request


Dear Sir/Madam

Account number: xxxxxxxx

Please send me the information which I am entitled to under section 7(1) of the Data Protection Act 1998 in relation to detailed occurrences relating to the account Numbers xxxxxxxx and xxxxxxxx-x

The following is by no means an exhaustive list but in the main this is what I require.

Please supply me with a complete list of transactions and charges relating to ALL accounting history with your organisation.

Additionally, all records you hold on me relevant to the above accounts, including but not limited to:

1. A transcript of all transactions, including charges, fees, interest, repayments and payments and both the original amount of the loan and any repayments made to the account.

2. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company

3. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account. If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response

4. True copies of any notice of assignment and/or default notice or enforcement notices that you may have sent to me, with a copy of any proof of postage that you hold.

5. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted.

6. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

7. Specific details of the fees/charges levied by any other agency in respect of these accounts and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

8. A genuine copy of any deed of assignment, or proof that you have a legal right to this money.

9. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

10. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

11. A copy of all account statements for the duration of the agreement.

12. Please would you also advise me of the logic involved in any automated decisions taken by you about me pursuant to section 7(1) (d) of the Data Protection Act 1998.

13. A True copy of the consumer credit agreement section 77-79 of the Consumer Credit Act of 1974.

Any other information relating to the account.

I enclose the statutory maximum fee of £10. You have 40 days in which to comply. Furthermore, if I discover that you have levied disproportionate penalties against me, I shall be reclaiming them, and reclaiming the enclosed £10 Data Protection Act subject access request fee.

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have found to be acceptable.

oscar52

Account is now with DCA 1st Credit. Does this make a great difference? (even though there is a complaint logged with FOS)

Only recently passed to them