Vampyra -v- Halifax/1st Credit Ltd

[Vampyra]

I'm posting this one from the start as I recieved 1st Credit's letter this morning. It's an interesting letter and I'm not sure how to proceed. As they are an unknown quantity to me, I thought maybe a thread of what happens might help others, if it proves interesting or tricky.

Last week I got a letter from Halifax dated 10th April 07, stating my debt had been assigned to 1st Credit on 30th March 07, and they are now the legal owners of the debt.

The letter is very cheap and lightly printed.

This morning I got the expected letter from 1st Credit. I notice a few things. On the Halifax letter my name is typed in all capitals and the address normally - same with the 1st Credit letter. There is a bar code below the address on both letters - everything to do with the bar cade and the address are in the same font.

Again, the 1st Credit letter is very cheap and lightly printed.

I would like to quote the letter as I'm not sure how to proceed with this:

Dear Vampyra

Agreement with: HALIFAX BANK
Relating to Account No: xxxxxxxxxxxxxxxxxxxxxxxxx xx
Outstanding Balance £641.85

We write to introduce 1st Credit Lts to you.

HALIFAX BANK has assigned to 1st Credit Ltd the full outstanding balance due under the agreement referred to above. As a result of this assignment, the full outstanding balance is due to 1st Credit immediately.

As the outstanding balance is owed to 1st Credit you should not make any payments to HALIFAX BANK as it will take significantly longer to process payment onto your 1st Credit account. To discharge your account, you need to make direct payment to 1st Credit.

You should contact this office immediately so that we can agree payment terms with you. Failure on your part to do this will result in more formal recovery proceedings being taken against you.

In accordance with the Data Protection Act 1998 we will comply with any request for a copy of the Personal Information about you which is held on our computer system.

Send your request, along with the administration fee of £5.00 and a sae to the above address.

PLEASE DO NOT IGNORE THIS LETTER

We look forward to hearing from you.

yours faithfully

So should I do the Data Protection Act request for a £5.00 fee? Will this cover a CCA? Then do I Subject Access Request Halifax? Little confused with this one.

[kennyparkroad]

i would CCA them first and send the statutory £1 with it, this would mean they would also have to produce the deed of assignment.

see what comes back, but yes i would Subject Access Request Halifax too.

this help?

if you need the CCA or anything just reply, im going out for an hour but will be back at 1pm!

[Vampyra]

Thanks Kenny.

I'll CCA them then and see what transpires.

I got a letter from Halifax stating the debt had been assigned to 1st Credit - is this a Deed of Assignment?

Does this letter look right? I've sent this to 6 other companies and just hope the wording is ok. Would appreciate your thoughts on this:

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY

Dear Sir/Madam

Re:− Account/Reference Numbers

With reference to the above agreement, I would be grateful if you would send me a copy of a true and properly executed credit agreement.

I understand that under the Consumer Credit Act 1974 (Sections 77−79), I am entitled to receive a copy of a true and properly executed credit agreement on request. I enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

I understand a copy of a true and properly executed credit agreement should be supplied within 12 working days.

I understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of a true and properly executed agreement under these sections of the Act.

I look forward to hearing from you.

Yours faithfully

Let me know if I should add or change anything.
Many thanks

[kennyparkroad]

that looks ok, but i would change this

I enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act, please note this is NOT to be offset against any alleged debt and must be used for the purpose stated.




if you use that, then they cant say the misunderstood the payment

Kenny

[jadzia]

Hi vampyra,just subscribing,1st credit are the driving force behind my junk from connaught,sorry nothing helpful or profound to add,but will view progress(ha,if you can use the word in association with dca's!!)with interest,good luck on this one

[Vampyra]

Thanks Kenny and Jadzia.

I will add that bit Kenny, but on the other 6 I CCA'd last week I actually wrote the account number, my name and the purpose for use on the back of the postal order I sent. I also wrote my name and didn't put my signature on the letters. Someone said somewhere on this forum that the unscrupulous ones can photocopy your signature and add it to application forms and stuff to create agreements they don't have. Dunno if that's true but was trying to be careful!

I'll CCA them today - thanks.

[kennyparkroad]

remember send it recorded delivery

and if you can fax it to them too and print out a header sheet, this is what i do with everyone

[Vampyra]

Thanks. Everything is going recorded to all parties - costing a pretty penny in postage but needs must. All the other CCA's have arrived as well.

Unfortunately I don't have a fax machine to do that with and nowhere around here to fax from

[kennyparkroad]

ilet us know how it goes

[Vampyra]

First update Kenny - 1st Credit just rang me and asked for the wrong name and guess what? I wasn't here!

FC: Hello Can I speak to Vampyra Wrongsurname?
V: No
FC: Is she there?
V: No-one of that name here.
FC: Is that the Vampyra address?
V: No
FC: Is she just not there or..
V: No
FC:When will she be there?
V: No-one of that name here
FC: Is this the address of...
V: No Thank you goodbye!

[wobbles1914]

Originally Posted by Vampyra

I'm posting this one from the start as I recieved 1st Credit's letter this morning. It's an interesting letter and I'm not sure how to proceed. As they are an unknown quantity to me, I thought maybe a thread of what happens might help others, if it proves interesting or tricky.

Last week I got a letter from Halifax dated 10th April 07, stating my debt had been assigned to 1st Credit on 30th March 07, and they are now the legal owners of the debt.

The letter is very cheap and lightly printed.

This morning I got the expected letter from 1st Credit. I notice a few things. On the Halifax letter my name is typed in all capitals and the address normally - same with the 1st Credit letter. There is a bar code below the address on both letters - everything to do with the bar cade and the address are in the same font.

Again, the 1st Credit letter is very cheap and lightly printed.

I would like to quote the letter as I'm not sure how to proceed with this:



So should I do the Data Protection Act request for a £5.00 fee? Will this cover a CCA? Then do I Subject Access Request Halifax? Little confused with this one.

Vampyra,

It's spooky but I have received exactly the same letters on exactly the same days.
I rcvd a letter from "HBOS" dtd 10th April and letter from "1st Credit" dated 12th April rcvd this morning!
Well spotted on the simularities between! The barcode on the "HBOS" letter actually quotes the 1st Credit reference number

The address is typed in EXACTLY the same font, case and size...

Also there is no contact number or address for Bank of Scotland only a Scottish sounding name!

Does anyone know if there is a standard layout / content that must be in an official Deed of Assignment? The ones that Vampyra and I have look like I typed it up and was guessing what needed to be in it. Interestingly I was receiving phone calls from 1st credit just before this "DoA" turned up.

Wobbles

[Vampyra]

Yeah I'm wondering if they really have had the debt assigned or not. It seems a bit dodgey to me.

I said to someone in a thread earlier how easy it would be to obtain old bank correspondance and find those with unsaticfied debts and begin to chase them.

I have to say, in my opinion, I don't trust the Halifax letter to be entirely kosher!

[edit]

[wobbles1914]

Vamps,

I CCA'd HBOS (Capital Bank plc) on 27th March. When I received the "DoA" I thought it was related to the CCA I had sent and that they couldn't find the OA so they were moving me on quickly. It now appears that this is part of a bigger picture and there must have been a bulk buy of alleged debt at some point.

I will be writing to HBOS as they should not have sold / assigned a debt while the account is in dispute (via CCA letter sent). I can then find out if they know anything about it or have in fact written it off....

Wobbles

[Vampyra]

Yeah I'm gonna Subject Access Request HBOS I think. Set some wheels in motion!

[greendykes]

Interesting thread I too have had dealings with 1st credit/LLoyds..I am still waiting on them providing me with evidence of LLoyds passing my debt over and I sent 1st Credit a CCA only to receive a letter 11th April stating that " We will shortly be advising our client of your request. This document will be sent to you as soon as possible. This process may take at least one month" I have still not received any response from lloyds stating they have passed the debt on! I have sent a LIB to both Lloyds and 1st Credit. I have also informed 1st Credit that if they do have authority then will it be them who pay's me back my illegal bank charges!! Strangely no reply to this also. Check my thread for all the ongoing antics lol.

[kennyparkroad]

the right hand doesnt know what the left hand is doing! lol

VAMP - they got the wrong surname huh?

Interesting LOL

[Vampyra]

For obvious reasons I can't tell you my surname but it's an Irish surname and most people cannot say it correctly. They often just tend to say weird names down the phone at me. I know it's me they want as they get my first name and address right - but hey - "no-one of that name here - and no lie guvnor".