1st Credit | HBOS Mass Assignments

[Never-In-Doubt]

Re: 1st Credit | HBOS Mass Assignments

The template below is what you would usually respond with, upon receiving the 1st Credit dreaded threat of BR/SD/CCJ - this applies whether you're a home-owner or not (remember to edit the BR wording to that of SD or CCJ as appropriate). But do not send it if you have an outstanding CCA Request.

* Delete/Edit the red guide text within the template

I have tidied this post up and added red guide text with options depending on the threat issued by 1st Credit.

Hope this makes it easier to understand and follow.

[Batman]

Re: 1st Credit | HBOS Mass Assignments

"red guide text with options"

Great stuff...........!

[pompeyfaith]

Re: 1st Credit | HBOS Mass Assignments

Right had the NOA and the SD threat of BR arrived today so will be following this to the letter.

Will get a CCA request in the post Monday as this Halifax account is roar and no CCA request applied for as yet.

The debt is under 2.5k and the chance of BR and getting there hands on the equity in the home is pretty remote I think because the house is lived in by two disabled citizens one of which is very frail and 86 yrs old.

Thanks Niddy you are on the ball m8 ever thought of playing for Rangers.

[nanna58]

Re: 1st Credit | HBOS Mass Assignments

About 4yrs ago my OH had to go to court for BR with 1st credit and we had to borrow on mortgage to pay, the whole episode was just crushing, i only wish we had known what we know now.Behind you all 100pc , these people need stopping
as the worry they cause is just awfull.

good luck

[helmsman]

Re: 1st Credit | HBOS Mass Assignments

Hi,
my HBOS account has just been given to westcot so I presume I follow the route of acc sold in dispute when they contact me, and new ccas are just for 1st Credit.

[MrsD]

Re: 1st Credit | HBOS Mass Assignments

yup Helmsman. just stick with the normal procedure unless it's a outrageous letter from 1st credit.

[helmsman]

Re: 1st Credit | HBOS Mass Assignments

yup Helmsman. just stick with the normal procedure unless it's a outrageous letter from 1st credit.

Hi,
All these dcas are doing my head in.(but its better than paying)

[pompeyfaith]

Re: 1st Credit | HBOS Mass Assignments

Interesting:

The OFT has imposed 'requirements' on 1st Credit using consumer credit powers, after an investigation found that some of its business processes and procedures failed to meet satisfactory standards. As a result, 1st Credit Ltd and its associated companies must:

• refrain from issuing statutory demands warning of bankrupt where it is unlikely that proceedings will be initiated
• not discuss legal action with consumers unless it is likely that such action will be taken
• ensure that sensitive cases involving vulnerable individuals, for example those with mental health or medical problems, are dealt with appropriately, and
• ensure that all matters of concern raised with them by the free advice sector and other third parties are dealt with appropriately.

[PlanB]

Re: 1st Credit | HBOS Mass Assignments

Next, they'll issue a threat of bankruptcy which is where we go back to basics and request a CCA from them. Do not worry about the threats made, just get a CCA sent off asap ---> Our Templates | Unenforceability Templates | CCA Request

The template below is what you would usually respond with, upon receiving the 1st Credit dreaded threat of BR/SD/CCJ - this applies whether you're a home-owner or not (remember to edit the BR wording to that of SD or CCJ as appropriate). But do not send it if you have an outstanding CCA Request.

* Delete/Edit the red guide text within the template



Remember do not send this template if you have an outstanding CCA Request to either HBOS or 1st Credit. Instead post here and let Niddy guide you...

Hello and Welcome Blue Star. This thread is a great idea and will be a place of refuge for anyone with 1st Credit on their backs.

Can you re-explain something I don't understand because I'm probably being stupid but I don't want to mess up and send the wrong thing when the time comes

In your post ^ ^ ^ ^ you say "do not send this template letter if you have an outstanding CCA Request" (I do have one from Jan 2011). Then in this post http://forums.all-about-debt.co.uk/s...8&postcount=13 it says "if you already have CCA paperwork get a new request sent".

I can see the logic of sending a second CCA Request direct to 1st Credit to put them on the back foot and hopefully prevent a successful court outcome. But normally AAD is against sending second CCA requests while the first one is still outstanding (we send Account Sold in Dispute template). My fear is that a fresh s.78 request could prompt HBOS (via my new s.78 to 1st Credit) to suddenly *find* my CCA or a recon and then 1st Credit could issue court papers or a SD regardless of whether they would succeed in court or not.

I don't know yet whether my HBOS account (£17k) has been sold to 1st Credit so I'm only wanting to understand what to do if/when it does.

[5corpio]

Re: 1st Credit | HBOS Mass Assignments

i think what Blue Star is saying PlanB, is that:

Send a CCA Request (if YOU have been SENT a BR/SD/CCJ with reference an HBOS Account ONLY) letter to 1st credit -

BUT DON'T SEND a CCA request for any alternative letters received from 1st Credit......... only for the above in question.

Post 2 by Niddy at the bottom of Blue star postings:
allaboutFORUMS - View Single Post - 1st Credit | HBOS Mass Assignments

......................

i have an HBOS (bank of scotland) in question and received letters from 1st credit BUT they NOT sent a BR/CCJ/SD letter, only threats of 'considering' so what i have done is sent a 'account sold whilst in dispute' as HBOS (bank of scotland) already deemed is UE. (Just to illiterate that not all accounts are the same as everyone by the way)

'Like FREE RANGE CHICKENS, have them to be passed back and fro'

[PlanB]

Re: 1st Credit | HBOS Mass Assignments

Thanks for that Scorpio, I did say I was getting confused but I was only referring to my HBOS account.

Normally if I get an introduction letter or a basic request for payment from a new DCA/debt purchaser I send the 'Account Sold in Dispute' template which is what you suggest I should continue to do in reply to any early non-threatening correspondence from 1st Credit re my HBOS account (if I've understood that right). But if I do that and then suddenly change tack by sending a new CCA request to 1st Credit if the letters get stronger and they threaten a SD or CCJ, won't I look a bit silly if I've been banging on about it being UE for weeks due to non-compliance with my first s.78 request

This post tells me to send a 2nd CCA request to 1st Credit even if I've already sent one before to HBOS http://forums.all-about-debt.co.uk/s...8&postcount=13

I told you I was getting confused

[kilasuit]

Re: 1st Credit | HBOS Mass Assignments

Is it not down tithe fact that 1st can quintessentially ignore your s.78 request due to acquiring the rights to this account without the full duties is they ignore in the previous outstanding request. Also this would do well in paperwork terms as you have sent the beginning letter that again requires them to deal with this request as new assignees.


Any other DCA would listen to the ASID letter while 1st seem to be ignorant of that fact.

[The Tech Clerk]

Re: 1st Credit | HBOS Mass Assignments

Is it not down tithe fact that 1st can quintessentially ignore your s.78 request due to acquiring the rights to this account without the full duties is they ignore in the previous outstanding request. Also this would do well in paperwork terms as you have sent the beginning letter that again requires them to deal with this request as new assignees.


Any other DCA would listen to the ASID letter while 1st seem to be ignorant of that fact.

Ummmmmm big word within that paragraph for this time of the morning, I nearly swallowed the gig cup of tea all in one go. lol

[Batman]

Re: 1st Credit | HBOS Mass Assignments

I am sending off a CCA request tomorrow, as advised, to see what 1st Credit have now. The last CCA request was sent to HBOS back in 2009.

This move follows us receiving a recent 'threat'from 1st Credit of a CCJ.

[PlanB]

Re: 1st Credit | HBOS Mass Assignments

Is it not down tithe fact that 1st can quintessentially ignore your s.78 request due to acquiring the rights to this account without the full duties is they ignore in the previous outstanding request. Also this would do well in paperwork terms as you have sent the beginning letter that again requires them to deal with this request as new assignees.


Any other DCA would listen to the ASID letter while 1st seem to be ignorant of that fact.

They can ignore all they like but they're not above the law when it comes to section 127 (3) of the CCA 1974

It's a bit early in the day for me to delve into the rights vs duties argument, but Paul has posted this Court of Appeal ruling on that very topic Jones vs. Link Financial so that argument just won't wash anymore:

http://forums.all-about-debt.co.uk/s...26&postcount=1


But I'll agree with you that 1st Credit can be ignorant at times