1st Credit Threat

[Never-In-Doubt]

Re: 1st Credit Threat | HBOS Mass Assignment

This said - 'we are writing to notify you that Bank of Scotland has assigned all its respective rights title, interest'... blah blah...I bet everyone else got one too eh with the initial DCA intro????

No that is the NoA as detailed in post 1 above mate!

See here for Paul's guide on DN's and TN's etc ---> http://forums.all-about-debt.co.uk/showthread.php?t=1915

[Never-In-Doubt]

Re: 1st Credit Threat | HBOS Mass Assignment

Ill ask Andrew about the case, it was one of his.

Firstly, Mr Justice Warren in Hammond v Pro Fit said the insolvency Court is no place for a disputed debt. Secondly, it is inappropriate to threaten to take action that you know you cannot take, such would breach the OFT guidance.

Thirdly, s78 non compliance is not something an insolvency court could look at, lest we not forget that the purpose of a SD is to demand immediate repayment of all monies due so if there is a breach of s87 that action cannot be taken (see para 75 Harrison v Link)

So it would take a brave creditor to roll into court on that one.

Plus i set aside a demand on s78 with 1st Credit, but i am bound by client confidentiality and have been asked not to divulge the name as it would be embarrassing to the professional involved.

Mate, the above explains it crystal clear. I understand what you're saying, but for the same respect I can see why there is so much confusion.

So as I have already mentioned, the OFT do not like you to make threats you cannot actually make - 1st Credit now insist they make the threat with the intention of following it through hence they still play dirty even post 2009 sanctions.

Similarly, the reason for defending a SD claim would be based on it being disputed - so we have that right as well. I just want to edit post 1/2/3 to get the facts 100% spot on if you could help please? The main query is the s.78 arena - can the creditor (yes or no) take action for BR proceedings if there is a s.78 fault or s.78 request outstanding or is s.78 protection exempt from BR proceedings?

Thanks mate

[Batman]

Re: 1st Credit Threat | HBOS Mass Assignment

Ah righto - cheers mate, sorry to but in here...so as far as I am aware we have no Termination letter or DN plus no proper agreement and the clipping (application form scan) HBOS supplied related to an old paid up loan and not the pref account itself they are chasing and its a S18 nightmare, etc ....good one - thanks...

[Never-In-Doubt]

Re: 1st Credit Threat | HBOS Mass Assignment

Ah righto - cheers mate, sorry to but in here...so as far as I am aware we have no Termination letter or DN plus no proper agreement and the clipping (application form scan) HBOS supplied related to an old paid up loan and not the pref account itself they are chasing and its a S18 nightmare, etc ....good one - thanks...

Will you stop stressing - lets not forget we have been here three times already plus our 500 email exchange!

Read post 1. Simples.

[Batman]

Re: 1st Credit Threat | HBOS Mass Assignment

I will, I will - promise!!!! lol

They cannot enforce any debt without first defaulting the account and terminating it - have you ever received (from HBOS or any other DCA) a DN or TN? If not, great!

Got it/sorted ultra cool - OK - I'm off now walking the dog...lol

[AhhWell]

Re: 1st Credit Threat | HBOS Mass Assignment

Got these bastids chasing my partner for a joint loan we took.

It just started last week with the assignment letter, which is odd as if it was assigned why do they not have my name on the details?

Anyway I have sent a do not recognise this alleged debt letter you guys kindly drafted. However, it seems my letter was sent after they sent their 2nd letter threatening Court, but has the wording of considering and please call us etc.

Do I reply to 2nd letter or see what they say to my 1st letter?

Now I am not 100% if I received a Default Notice but will go check my records when I get back home.

But can they pursue the whole debt off of one of the named people?

This is a post 2007 debt, which worries me, and it's for £27k. Original loan was £25k (a bit of consolidating and home improvements) but the company I worked for went bust and left me in a Finacial mess. Anyways it looks like they dumped loads of interest on even though I wrote to Original Creditor as soon as Company went bust.

Do you want me to carry on posting here or add it to my diary?

Please advice and thanks

[Paul.]

Re: 1st Credit Threat | HBOS Mass Assignment

Got these bastids chasing my partner for a joint loan we took.

It just started last week with the assignment letter, which is odd as if it was assigned why do they not have my name on the details?

Anyway I have sent a do not recognise this alleged debt letter you guys kindly drafted. However, it seems my letter was sent after they sent their 2nd letter threatening Court, but has the wording of considering and please call us etc.

Do I reply to 2nd letter or see what they say to my 1st letter?

Now I am not 100% if I received a Default Notice but will go check my records when I get back home.

But can they pursue the whole debt off of one of the named people?

This is a post 2007 debt, which worries me, and it's for £27k. Original loan was £25k (a bit of consolidating and home improvements) but the company I worked for went bust and left me in a Finacial mess. Anyways it looks like they dumped loads of interest on even though I wrote to Original Creditor as soon as Company went bust.

Do you want me to carry on posting here or add it to my diary?

Please advice and thanks

~Ahh chasing your partner for a joint loan?

They should be pursuing both parties to a loan agreement. see s141(5) CCA 1974

[AhhWell]

Re: 1st Credit Threat | HBOS Mass Assignment

Thanks Paul.

Shall I see if they respond to my first letter or should I send another letter?

Will read that section tonight just on the phone at mo and my old eyes hate small screens lol

[Never-In-Doubt]

Re: 1st Credit Threat | HBOS Mass Assignment

~Ahh chasing your partner for a joint loan?

They should be pursuing both parties to a loan agreement. see s141(5) CCA 1974

---> http://www.legislation.gov.uk/ukpga/1974/39/section/141

Except as may be provided by rules of court, all the parties to a regulated agreement, and any surety, shall be made parties to any proceedings relating to the agreement.

[AhhWell]

Re: 1st Credit Threat | HBOS Mass Assignment

Interesting and thanks

Do I keep that up my sleeve and wait to see what they say about my first letter,

or

Write to them stating that clause?

[AhhWell]

Re: 1st Credit Threat | HBOS Mass Assignment

2nd thoughts should I send a CCA request? I never did with Original Creditor as at that time I never knew about them.

[Paul.]

Re: 1st Credit Threat | HBOS Mass Assignment

2nd thoughts should I send a CCA request? I never did with Original Creditor as at that time I never knew about them.

good idea

[5corpio]

Re: 1st Credit Threat | HBOS Mass Assignment

Just an update from them: If anyone having issues with regard 1st credit not with the SD/BR issues

I Have Not had the SD, BR or anything letter only 'we've been assigned account and that we own it, followed by legal proceedings being considered letter', but i had sent off 'sold in dispute' and they come back with account on hold as per request for 'sold in dispute' till they get statements, invoices and agreement and they'll send to me.

Will edit when get home if typo error! - Done

[AhhWell]

Re: 1st Credit Threat | HBOS Mass Assignment

CCA with £1 postal order sent Recorded Delivery in my partners name.

[Meerkat Mob]

Re: 1st Credit Threat | HBOS Mass Assignment

Will you stop stressing - lets not forget we have been here three times already plus our 500 email exchange!

Read post 1. Simples.

I hope you didnt print those off !! safe the forest and all that