Moben/HFC finance

[Bigsis]

Hi, since my success with PPI claim I now have family and friends asking for advice.

My sister had a new Moben kitchen back in 2001, the salesman came to her home and she took out finance which was through HFC. She remembers back in 2006 she was still paying a direct debit to HFC through her Barclays acct, she rang HFC who said it rolled over to a higher APR as it hadn't been paid by an agreed date, so she paid off the outstanding amount in full.

Today she rang HFC to enquire if she had PPI on that acct, unfortunately she no longer has any paperwork or acct no. HFC said they can't go back further than 6 years as records are cleared after that, but to write and send a copy of a bank statement showing proof of DD payment. I'm not sure how that will help HFC? She will speak to Barclays tomorrow as she was unable to go that far back on internet acct.

Should she send a SAR at this point or do as they say?

[di30]

Re: Moben/HFC finance

Hi there

I would ask your friend to send them a copy anyway, because as they asked for it maybe they have ways.
However, I note you said your friend taken it out in 2001, how long ago was it settled/paid off? If within the last 6 years, the date dept should still hold something of the account.
Also to add that even though the broker who would have been the adviser at Moben (may still hold details), it is them you should also pursue as well.
They generally pass the details to the lender, in this case I assume HFC.
HFC they provide the agreement and debit the money each month.

Maybe worth your friend contacting Moben as well, to ask if they still hold any details, maybe of the application form they completed for the finance dealt with by them.

As you are aware a Subject Access Request (SAR) may help, this is a letter you send to request for data/paperwork on the account they must comply under the data protection act (DPA) to this request, you enclose £10 cheque or postal order, and they must forward the details by 40 calendar days of the request.

If you want the template for this, give us a yell, good luck.

[CleverClogs]

Re: Moben/HFC finance

I would add that all Moben sales-wallahs are (or were) told to push finance packages, for two reasons:

1. The customer would be more likely to overspend
2. Moben - and also the sales-wallah - would receive commission on the deal from the finance company.

[Bigsis]

Re: Moben/HFC finance

Hi Di30

Thanks for getting back, my sister paid it off in 2006. It seems Moben Kitchens no longer exist, part of Homeform that went into liquidation last year. If you could let me have template letter please, that would be great.

Many thanks

[CleverClogs]

Re: Moben/HFC finance

It seems Moben Kitchens no longer exist,

Hurray!

Good riddance!

[di30]

Re: Moben/HFC finance

Hi Di30

Thanks for getting back, my sister paid it off in 2006. It seems Moben Kitchens no longer exist, part of Homeform that went into liquidation last year. If you could let me have template letter please, that would be great.

Many thanks

Not a problem, i shall get this to you now shortly, sorry for not getting back sooner, inlaws not long gone home lol .

[di30]

Re: Moben/HFC finance

Tweak it to your requirements (friend's).

YOUR ADDRESS
YOUR POST TOWN
YOUR POSTCODE

BANKS NAME
BANKS ADDRESS
BANKS POSTCODE

Date

Account No: XXXXXXXX Sort Code: XX XX XX

Dear Sir/Madam

Please send me all data that your company holds relating to my entire account history. Please include details of all transactions, and a copy of the original contract by which this account is/was governed at the time it was opened including all amendments made to the contract terms since opening the account.

I would also like a schedule of all charges & interest applied to my account(s) including details of any instances that required manual intervention. If you are unable to provide this specific information, copy statements will suffice.


All data, including data held on a microfiche must be provided within a reasonable timescale, a maximum of 40 days.


In light of all the recent publicity regards the reclaiming of bank charges, some Banks appear to now only be providing a breakdown of charges in response to all and any Data requests. For the avoidance of doubt I do actually require all information held by yourselves.

It seems a lot of banks are also wrongly interpreting the Data Protection Act (DPA) 1998 as a requirement to only disclose six years worth of personal data, and this is also wholly wrong. The DPA clearly states that all information held must be disclosed and it has no correlation to the Limitation act 1980 at all. If you no longer hold data beyond 6 years however, I would like a signed declaration from your data controller and a copy of all documents pertaining to its proper disposal.

Whilst not exhaustive and for the avoidance of doubt I shall list what I require:

* Full copies of all contracts that exist between myself and your organisation; including copies of any documents you hold in support of same.

* Copies of all statements relating to the above accounts.

* Copies of all correspondence, including all letters, faxes, emails and memos sent and received between ourselves, and any other third party in relation to any of the above accounts.

* Copies of any telephone recordings and/or transcripts of these recordings as well as any logs or journals that relate to them.

* Copies of all documents which include any of my personal information including copies of any contracts or invoices, emails or computer records containing my personal information, or any records which pertain to this information.

* Full details and copies of any documents upon which you relied when you have provided my personal or financial information to any individual, organisation or third party.

* Full copies or transcripts of any computer logs or database records kept in relation to myself or in relation to my financial or personal information.

*Details of all systems you currently have in place to ensure my personal or financial information is kept securely, including details of those officers who currently have control of same, and at the time it was held or provided to a third party.

* Where any previous information or records held have been deleted or disposed of, the methods used to do so, including dates, reason for deletion, certificates or references confirming details of destruction. Where you are unable to provide such certificates, please provide a declaration, signed by an authorised officer of your company, confirming the dates and methods of destruction of this data.

I enclose the maximum statutory fee of £10.

You have 40 days to comply with this request.

If you fail to comply fully I shall enter a formal complaint with the Information Commissioners Office which could result in a fine and prosecution.




Yours faithfully,



Your name

[Bigsis]

Re: Moben/HFC finance

Thanks Di, no problem I've been dipping in and out of this as I've been baking lol xx

[CleverClogs]

Re: Moben/HFC finance

Thanks Di, no problem I've been dipping in and out of this as I've been baking lol xx

She's not just pretty, is she?