1st Credit Threat

[Never-In-Doubt]

Re: 1st Credit Threat | HBOS Mass Assignment

I've just sent 1st Credit the link to this thread as they were referring to Blue Stars earlier so you may see them viewing this thread (ie now). Don't worry. I allow them access as they do work with us, as various users will testify.

1st Credit may be a tough DCA but the contact we have seems to want to get their issues resolved and doesn't like this bad publicity so he tries to resolve things for us. In essence it's doing you a favour believe it or not.

As I say, email me if you want to add your account to the batch defence I'll send over later. Most of you have similar cases as is evident from your diaries so it's easy enough to counter argue.

[Batman]

Re: 1st Credit Threat | HBOS Mass Assignment

Brilliant - and yes, "bad publicity" that could ultimately lead to a massive fine or even the loss of the ability to trade commercially (as threatened in 2009 by OFT) is worth any company seriously considering 'before' undertaking any additional activity against consumers I should say.

[vint1954]

Re: 1st Credit Threat | HBOS Mass Assignment

It is also a risk 1st Credit take. When they buy the debts, they know there are big issues with them. Maybe they should press HBOS for a clearer outline of each account before they part with their money.

[Batman]

Re: 1st Credit Threat | HBOS Mass Assignment

Trouble is that HBOS know full well about all the numerous issues with what they sell on. As many HBOS victims here will know you will get a shed load of DCAs chasing (and subsequently closing)an account before the bank flogs it on.

I recall taking several DCAs to court over their aggressive pursuit tactics on HBOS accounts. One judge actually said to us - you should be chasing HBOS themselves here and not the DCAs as they are your real target...

[Never-In-Doubt]

Re: 1st Credit Threat | HBOS Mass Assignment

Right guys lets stay on track please.

Email me if you want me to look at this for you.

[Batman]

Re: 1st Credit Threat | HBOS Mass Assignment

OK guys - a swift recap here...

I just received a large package from 1st Credit with over 70 bank statements in it but 'no' agreement...they also included a template saying to contact them to discuss the account upon receipt of the statements...

I suppose then I just wait (how long?) to see 'if' they next come up with an agreement eh?

[Never-In-Doubt]

Re: 1st Credit Threat | HBOS Mass Assignment

I suppose then I just wait (how long?) to see 'if' they next come up with an agreement eh?

I would reply with a one liner saying, please see attached an additional copy of my lawful s.78 request. Sending statements is only one part of the request, until such time you fully comply by sending the agreement and associated terms this account is unenforceable in line with s.127 of CCA1974.

And attach a copy of the original CCA Request you recently sent off

[Batman]

Re: 1st Credit Threat | HBOS Mass Assignment

Ah Cheers mate - totally appreciated will sort it pronto.....and its all going via recorded delivery too ha ha

Best wishes

[mystery1]

Re: 1st Credit Threat | HBOS Mass Assignment

I would reply with a one liner saying, please see attached an additional copy of my lawful s.78 request. Sending statements is only one part of the request, until such time you fully comply by sending the agreement and associated terms this account is unenforceable in line with s.127 of CCA1974.

And attach a copy of the original CCA Request you recently sent off

Unenforceable, yes, but what has s127 got to do with a s78 request ?

M1

[Never-In-Doubt]

Re: 1st Credit Threat | HBOS Mass Assignment

Unenforceable, yes, but what has s127 got to do with a s78 request ?

M1

they have not complied with s.78 and s.127(3) protects against enforcement under 65(1).

[Batman]

Re: 1st Credit Threat | HBOS Mass Assignment

Thanks Niddy - the letter then stays as it is, and I save on printing ink lol

[mystery1]

Re: 1st Credit Threat | HBOS Mass Assignment

they have not complied with s.78 and s.127(3) protects against enforcement under 65(1).

Consumer Credit Act 1974

65 Consequences of improper execution.
(1)An improperly-executed regulated agreement is enforceable against the debtor or hirer on an order of the court only.

The Consumer Credit Act 1974 - John Antell - Barrister

127 (3) The court shall not make an enforcement order under section 65(1) if section 61(1)(a) (signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner).


How does this s78 response (statements only) affect s65 & s127 ?


Under s78 (6) Consumer Credit Act 1974


(6)If the creditor under an agreement fails to comply with subsection (1)—
(a)he is not entitled, while the default continues, to enforce the agreement





Unenforceable via s78 is curable. Unenforcability via s127(3) & s127(4) is "irredeemable unenforceable" which is quite a stark difference.

How does a temporary failure of s78 bring in an irredeemable failure via s127 ?

I understand that a temporary s78 failure is not guaranteed to be fixed but that is a gamble.

M1

[Never-In-Doubt]

Re: 1st Credit Threat | HBOS Mass Assignment

I understand that a temporary s78 failure is not guaranteed to be fixed but that is a gamble.

M1

which is what we do here..... court being the last resort.

[Batman]

Re: 1st Credit Threat | HBOS Mass Assignment

Yeeekkks pulling me hair out now guys with you two ...

So is my letter with the following OK???

Post office shuts in an hour...lol

I would reply with a one liner saying, please see attached an additional copy of my lawful s.78 request. Sending statements is only one part of the request, until such time you fully comply by sending the agreement and associated terms this account is unenforceable in line with s.127 of CCA1974.

[mystery1]

Re: 1st Credit Threat | HBOS Mass Assignment

Change 127 for 78 IMO or don't say which section.

M1