HFO sent me a form after I submitted a CCA

fomirster

Couldn't agree more Fermi, completely out of order. But we are talking about HFO, who send out N1 forms at xmas hoping people have gone away so they can gain judgement by default.

handyman123_2

fermi and formister. I love the banter. Thank goodness that us ordinary folks have good people like yourself on our side.

Knowledge is Power. And thanks to people like you the little guy gets empowered to do something for himself.

The more I read of and see underhanded tricks used by HFO and the like, the more I want to get involved.

I realize I don't know that much, so the best I can do is point people I come across in the direction of your good selfs and others like you, where they can get the advise and support they need.

Regards to you and yours, Handy.

fomirster

Thankyou for your kind words.

Forums like this work best when theirs a bit of banter. We may not always agree, but this is good, it keeps us on our toes. You learn more and it gives people options and informs them of not only the benefits of your advice but also the consequences.

Forums don't work without discussion on topic

We have been in the position that people seek advice on and learnt from others and continue to learn ourselves.

If people have benefited from our advice then I am happy to have helped. Debt can be very stressfull for people and when you have certain DCA's and their tactics, they make it even the more difficult.

Once again thanks for your comments

fermi

fomirster wrote: »

Forums like this work best when theirs a bit of banter. We may not always agree, but this is good, it keeps us on our toes. You learn more and it gives people options and informs them of not only the benefits of your advice but also the consequences.

Could not agree more.

fomirster

Well seems that the HFO new letters are coming in to other OP's now on CAG

fermi

Yep. Every one needs to be reported, along with the silly leaflets/printouts.

me4bargains

Update

I'ne not recieved anything back from HFO and the deadline has now lapsed.
BUT I just had a man called Stephen from HFO call me on my mobile phone.
I told him he knows he's not to call me and it's written correspondence only - he laughed, I hung up!
I am wondering how the hell did they get my moblrnumber and what do I do next as I have a feeling their campaign of harrasment is to begin again.
On the other hand I think they might be running out of options hence the call on my mobile.
Thanks for your help.

fomirster

Keep a log of all calls and what they have said so they can be reported, they will soon get fed up if you don't co-operate. Or you could ask them to hold on a minute and just leave them hanging on the phone line as you carryon your business.

Once you are sure the 12+2 (working days) are up, then you need to send them the account in dispute letter.

It's pretty much a waiting game

me4bargains

Ok. The 12 + 2 days are up. so where do I find a template for the account in dispute letter?
Maybe that's why he called to try and bully me into backing down??

fomirster

Here is a letter you can send, adapt to suit.

ACCOUNT IN DISPUTE

Date:

Ref:

Dear Sir/Madam

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 **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/78. This was signed for as delivered on the **DATE**
You have failed to comply with my request, and as such the account entered default on **DATE**

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments.

If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document. 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/your client enters into a default situation.

This limit has expired.

As you are no doubt aware section 78(6) states:

If the creditor fails to comply with Subsection (1)

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

Therefore this account has become currently unenforceable at law.

As you have failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested. You will also be aware of the CPUTR 2008 and the OFT's guidelines on debt collection which state under the title Deceptive and/or unfair methods - Examples of unfair practices are as follows - 2.8

(i) - 'Failing to investigate and/or provide details as appropriate, when a debt is queried or disputed, possibly resulting in debtors being wrongly pursued'

(k) - 'Not ceasing collection activity whilst investigating a reasonable queried or disputed debt'

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

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

I reserve the right to report your actions to any such regulatory authorities as I see fit.
You have 21 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.


I look forward to hearing from you in writing

Yours faithfully


make sure you retain proof of posting