[SETTLED]- 1st Credit ( MoonBeaver ) v Swaroman

[Swaroman]

Re: 1st Credit ( MoonBeaver ) v Swaroman - Issued 24 March 2015

AA Card was originally issued by BOS / HBOS, but came across to MBNA when the AA dis-associated itself and MBNA bought the portfolio (2004/2006 possibly??)

I think AA now issue themselves or via anther bank and not MBNA.

If this was originally BOS, it would have gone over to MBNA.

Thanks for taking the time to reply. It was taken out at the same time as an unsecured loan, which did get repaid. I'll hunt down some documents re this one over the weekend, but I think you're 100% correct.

[Undercover Elsa]

Re: 1st Credit ( MoonBeaver ) v Swaroman - Issued 24 March 2015

Hi swaroman,
Keep an eye out for the Default Notice too as errors in that can help your case. It will be headed "Important-you should read this carefully".

Elsa x

[Swaroman]

Re: 1st Credit ( MoonBeaver ) v Swaroman - Issued 24 March 2015

Hi swaroman,
Keep an eye out for the Default Notice too as errors in that can help your case. It will be headed "Important-you should read this carefully".

Elsa x

Will do - can I take it that this would've been issued by MBNA before they assigned it? Hope I can find it, my head wasn't too good at organising affairs in a systematic order for quite a time.

[Undercover Elsa]

Re: 1st Credit ( MoonBeaver ) v Swaroman - Issued 24 March 2015

It would have been issued before it was defaulted/terminated, shortly (up to a few months) after you stopped contractual payments.
It should include an Office of Fair Trading fact sheet. The envelope it came in can be useful too if we need to establish exact dates.
Basically, if it's not worded correctly, or doesn't give you enough time (14 days + post time) to remedy the breach (arrears), or doesn't include the OFT info sheet, then it can help to preclude them from enforcing the debt.

[Never-In-Doubt]

Re: 1st Credit ( MoonBeaver ) v Swaroman - Issued 24 March 2015

Right now the owner doesn't matter. Let's not get hung up on that.

It was issued by HBOS and stayed with HBOS. Last I knew if you had an AA Card then when AA changed providers, your account stayed with the original creditor so in this case HBOS. The only time that doesn't apply is when the issuer ceases to issue cards. So your account would have been HBOS AA at the start then simply changed to a typical HBOS card and no longer AA branded.

I thought the change of issuer occurred in 2013.... Your creditor was and still is HBOS - no reason for it to be MBNA unless you applied for an AA Card with MBNA.

[Never-In-Doubt]

Re: 1st Credit ( MoonBeaver ) v Swaroman - Issued 24 March 2015

FAQ's -> http://www.theaa.com/credit-card/cre...tabview%3Dtab1

[Never-In-Doubt]

Re: 1st Credit ( MoonBeaver ) v Swaroman - Issued 24 March 2015

According to Google BOS disassociated itself from their AA branded card and then re-issued new cards etc. but I've not had time to source the date http://www.theaa.com/credit-card/cre...d-rebrand.html

I'm never one to give false hope, but whenever a creditor messes with the legal "owner" of an account there is always room for a margin of error which is inherited by a debt purchaser such as 1st Credit

Plan B xx

The date was 2013.

Point 3 of the link agrees with my post #20 (bottom of previous page)

3. Because your existing AA Credit Card has been provided by a partnership run by the AA and Bank of Scotland, we can only automatically transfer your account to an equivalent credit card issued by the Bank of Scotland.

[Never-In-Doubt]

Re: 1st Credit ( MoonBeaver ) v Swaroman - Issued 24 March 2015

Right now the owner doesn't matter. Let's not get hung up on that.

It was issued by HBOS and stayed with HBOS. Last I knew if you had an AA Card then when AA changed providers, your account stayed with the original creditor so in this case HBOS. The only time that doesn't apply is when the issuer ceases to issue cards. So your account would have been HBOS AA at the start then simply changed to a typical HBOS card and no longer AA branded.

I thought the change of issuer occurred in 2013.... Your creditor was and still is HBOS - no reason for it to be MBNA unless you applied for an AA Card with MBNA.

So with this in mind, can you recall ever registering for a new card with HBOS when AA discontinued their brand with HBOS in 2013 or were you already in default at that time hence your statements were always issued by AA / HBOS?

You'd have usually went to something like this page to register away from AA to a suitable HBOS card --> http://www.bankofscotland.co.uk/aboutonline/sign-up/

Did you ever do this - yes / no?

So, can you recall the following:

1. date you last used the account
2. date you last paid the full contractual payment
3. date you last paid anything (ie reduced payment or single one-off payment)
4. default date
5. were you issued annual statements from HBOS / AA
6. have you ever done a CCA Request - if so, when
7. have you contacted or discussed this debt with 1st Credit prior to the claim or did you bury your head (doesn't matter - just need to know the history)

Thanks

[Never-In-Doubt]

Re: 1st Credit ( MoonBeaver ) v Swaroman - Issued 24 March 2015

I've just noticed the N1 may be improperly served as it doesn't contain the prescribed wording / values in respect of interest - it MUST show the daily rate (this is calculated as 0.00022 x the debt value)

Will email you later once you respond to the above

[julian]

Re: 1st Credit ( MoonBeaver ) v Swaroman - Issued 24 March 2015

Moon Beever issue the claim, but if defended, 1st Credit probably take it back in house to take it to court. I don't know why they use MB, perhaps they just like the name. Check the names, dates and amounts carefully, as they are very sloppy.

[Never-In-Doubt]

Re: 1st Credit ( MoonBeaver ) v Swaroman - Issued 24 March 2015

Julian - Yep. It's dodgy alright

[Swaroman]

Re: 1st Credit ( MoonBeaver ) v Swaroman - Issued 24 March 2015

Right now the owner doesn't matter. Let's not get hung up on that.

It was issued by HBOS and stayed with HBOS. Last I knew if you had an AA Card then when AA changed providers, your account stayed with the original creditor so in this case HBOS. The only time that doesn't apply is when the issuer ceases to issue cards. So your account would have been HBOS AA at the start then simply changed to a typical HBOS card and no longer AA branded.

I thought the change of issuer occurred in 2013.... Your creditor was and still is HBOS - no reason for it to be MBNA unless you applied for an AA Card with MBNA.

Many thanks Niddy and all on the forum too. I'm hoping to find as much paperwork as possible in the hours ahead now that am not at work and will email it (this time I'll get that bit right!) for you experts to peruse.
To speak in a pessimistic way for a moment, if I can't locate enough of that to help you to help me, as it were; what route shall I take with this in terms of the County Court forms and likely size of a payment arrangement that will be required of me if it gets that far, as I don't intend to capitulate with a judgement in default.
And/or, should I assess all avenues of dealing with it, including the nuclear one (BK)? - but confer with you as things develop?
Kind regards to all!!!

[Never-In-Doubt]

Re: 1st Credit ( MoonBeaver ) v Swaroman - Issued 24 March 2015

Hi,

In order to best help any possible defence, it is best that you send a couple of letters as follows - asap - don't delay, send these today/tomorrow if you can:

1. Issue a CPR31:14 request to the Claimants Solicitor (ie the solicitor) - template here --> CLICK TO DOWNLOAD TEMPLATE
2. Issue an Advanced SAR to the Original Creditor (ie the bank) - template here --> CLICK TO DOWNLOAD TEMPLATE
3. Issue a CCA Request (if not already done within last 3 months) to the DCA / Claimant - template here - CLICK TO DOWNLOAD TEMPLATE

You must send a £10 cheque or postal order with the SAR but this is now a very useful tool, although they get 40 days to respond it is worth sending for one because we can usually find errors with recon documents that the DCA / Solicitor may have compared to the original that the Original Creditor issued - comparing documents is a sure-fire way to find fault and assist your defence. You must also send £1 with the CCA Request and send both recorded delivery / proof of posting.

Finally, submit the AoS (NOT the defence) which gives you +14 days. DO NOT complete the defence at this stage.

[PlanB]

Re: 1st Credit ( MoonBeaver ) v Swaroman - Issued 24 March 2015

To speak in a pessimistic way for a moment, if I can't locate enough of that to help you to help me

We don't 'do' pessimism on here because there's always a Plan B with every situation and bankruptcy is the last resort

I had 23 creditors and £153k debt when I joined this forum. At the time of writing I can confirm I haven't paid a single one of them a penny despite three county court summons and a statutory demand.

I can't promise you the same outcome but I can promise you that we'll give it a shot with your debts too.

Next week we'll ask you about your other debts if you want us to help with those too.

Have a great weekend

Plan B xx

[Swaroman]

Re: 1st Credit ( MoonBeaver ) v Swaroman - Issued 24 March 2015

So with this in mind, can you recall ever registering for a new card with HBOS when AA discontinued their brand with HBOS in 2013 or were you already in default at that time hence your statements were always issued by AA / HBOS?

You'd have usually went to something like this page to register away from AA to a suitable HBOS card --> http://www.bankofscotland.co.uk/aboutonline/sign-up/

Did you ever do this - yes / no?

So, can you recall the following:

1. date you last used the account
2. date you last paid the full contractual payment
3. date you last paid anything (ie reduced payment or single one-off payment)
4. default date
5. were you issued annual statements from HBOS / AA
6. have you ever done a CCA Request - if so, when
7. have you contacted or discussed this debt with 1st Credit prior to the claim or did you bury your head (doesn't matter - just need to know the history)

Thanks

Here goes, (reliant on recollection still - problems re Mrs Swaro medically) in the same order as you pose the questions:
1. Can't recollect the last date the account was used, possibly 2009.
2. Last payment made, bit of a guess but before approx. Aug 2010.
3. There were no part payments or lump sum payments made after this time.
4. Default date (according to Noddle) is 19.10.2010.
5. Don't recall annual statements coming, but will try and locate paperwork asap (Mrs Swaro is just out of hospital after hip replacement surgery).
6. Have not made a CCA request.
7. Have not discussed anything with 1st Crdt, or Connaught - verbally or in writing.

Once my strength had gone, and couldn't do any more to service the cards in my sole name, I cut paying them - the maths simply didn't add up. This marked the beginning of all manner of turbulence in life (and no doubt many forum members know all about that, so I'll spare them the details!). In the last 18 months, I thought I'd take the UE and/or SB route with a number of them and see what happens. It's worked with some as regards ones that are either UE, or are now SB. I cut payments to a number of them, all at the same time and so they're atthe same age into SB territory as this one.
As soon as I can be exact with dates and amounts etc, I will pass on the details.
By no means least - thank you!