Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
First Direct current account assigned to CL Finance
I recently received a letter from CL Finance Limited (CL) saying they have bought my First Direct current account, which I have been paying off via Metropolitan Collection Services (MCS) at £1.00 per month.
In the same envelope was a letter purporting to be from HSBC telling me the same. Both letters got my name wrong - example Mr N Other instead of Mr A N Other.
The "HSBC" letter states that payments made to the HSBC account after 10th October 2008 will be forwarded to CL and deducted from the balance shown. Accordingly, the balance they quote would have been correct for 10th October but is incorrect for the assignment date of 15th December.
As the balance is incorrect, surely the assignment isn't kosher?
As the letter isn't correctly addressed to me, I plan ignore it and continue paying MCS. HSBC can forward my payments to CL should they wish. I acknowledge no debt to CL.
Any thoughts/observations?
Halifax (current accounts, credit card, old mortgage, secured loan) thread here
Re: First Direct current account assigned to CL Finance
They are also likely to give you an additional default on the dbt
Please don't pm me about specific questions unless you have posted and it has not been dealt with or unless the matter is confidential. Please include a link to the post you want me to look at. If you have received a defence, contact me.
Advice & opinions of BankFodder, The Consumer Action Group and The Bank Action Group are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.
Re: First Direct current account assigned to CL Finance
Originally Posted by BankFodder
They are also likely to give you an additional default
I don't recall seeing a default recorded for this account, although it's several months since I last got my credit files from the CRAs.
Definitely not received any default notice from first direct - moved to a parachute account elsewhere and reached agreement to token payments after they suddenly removed my overdraft facility and demanded immediate repayment about 18 months ago.
First direct had previously told me the unsecured debt would be written off provided I kept up agreed payments towards my mortgage arrears.
Halifax (current accounts, credit card, old mortgage, secured loan) thread here
Re: First Direct current account assigned to CL Finance
Received a letter from "Howard Cohen & Co Solicitors" stating that CL Finance have instructed them to "prepare court papers."
It doesn't quite look kosher:-
1. adverts for an online payment portal.
2. a statement that I can stop the action by paying NOW (in capitals, and also untrue as I don't have the money).
3. they look forward to hearing from me by the stated deadline; no deadline stated.
I have never written to or spoken to CL Finance. I have paid £1.00 per month to First Direct via MCS most months since I agreed to do so in late 2007. CL Finance have never attempted to "review" this arrangement.
Is this genuine, what is the best way to proceed?
Halifax (current accounts, credit card, old mortgage, secured loan) thread here
I DON'T GIVE ADVICE BY PM BUT IF YOU SEND ME A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER HELP THERE
If you are sent a private message directing you to another website for advice or support with your issues it is your choice whether to accept. Before you decide, consider the users here who have already offered help and support.
Private message facilities are offered for users to communicate issues that are perhaps inappropriate for posting on the main forum. Site rules explain this in more detail.
If you are approached by private message with a view to asking you to visit another website, please inform the site team via the report icon, especially if this results in a request for a fee.
my views are my own and are given in good faith to try and help people. Please seek professional advice on your case if necessary
Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.
Re: First Direct current account assigned to CL Finance
Thank you, ims21 and cerberusalert.
Does anybody have any suggestions for a reply to this letter?
My thoughts are to state that I do not acknowledge any debt to their client, and that there are absolutely no circumstances under which I will pay any costs incurred by their client or themselves in taking frivolous and vexatious court action in regard to a First Direct account that is being repaid to First Direct (via Metroplitan Collection Services).
Halifax (current accounts, credit card, old mortgage, secured loan) thread here
Re: First Direct current account assigned to CL Finance
Originally Posted by mfpa
Thank you, ims21 and cerberusalert.
Does anybody have any suggestions for a reply to this letter?
My thoughts are to state that I do not acknowledge any debt to their client, and that there are absolutely no circumstances under which I will pay any costs incurred by their client or themselves in taking frivolous and vexatious court action in regard to a First Direct account that is being repaid to First Direct (via Metroplitan Collection Services).
That's what I'd do too.
Successfully claimed back mis-sold PPI (Barclays Bank) 2009-10 (£8500)
Running a paid-for DMP - so far so good. Deeply respect those who self-manage a DMP; it is possible to do with the help of fellow CAGGERS
Re: First Direct current account assigned to CL Finance
Hi mfpa
I'm unable to read the letter you received from CL Finance titled "notice of assignment" because it is to small, however, does the letter have 2 paragraphs as follows:
"We are aware that Bla Bla bank has previously agreed a concessionary payment arangement with you in relation to your Account. We can assure you that this arrangement will not be affected in any way and you should continue to make payment in accordance with the terms of that arrangement.
We understand that you currently make payments vis a third party debt management organisation and you should continue to make payments to them. We will make arrangements to contact the company concerned so that they can send payments to us."
If the wording is the same as above this is a standard format of letter CL Finance Limited issued when they were in the process of purchasing a debt from the original creditor pursuant to S136 Law of Property Act, during the transitional "qualifying period" any payments made to the original creditor, the original creditor was obliged by contract to forward on to them.
All you need do at this stage is email Howard Cohen & co and state whilst you acknowledge receipt of their letter dated xx/xx/2011, you have not breached the terms of their previous letter dated xx/xx/2009.
I would simply leave it at that at this stage and see if you receive a reply, continue making the payments to MCS as you have done.
Have either First Direct, MCS or CL Finance Limited sent you any statements of account?
The other question is when you say you have mostly made the payments, how many have you missed and when?
Re: First Direct current account assigned to CL Finance
Originally Posted by consumeredge
Hi mfpa
I'm unable to read the letter you received from CL Finance titled "notice of assignment" because it is to small
Sorry about that. In my browser, clicking on the small image opens a life-sized image in a new tab.
Originally Posted by consumeredge
however, does the letter have 2 paragraphs as follows:
"We are aware that Bla Bla bank has previously agreed a concessionary payment arangement with you in relation to your Account. We can assure you that this arrangement will not be affected in any way and you should continue to make payment in accordance with the terms of that arrangement.
We understand that you currently make payments vis a third party debt management organisation and you should continue to make payments to them. We will make arrangements to contact the company concerned so that they can send payments to us."
It has the first paragraph, then contradicts it by telling me to pay direct to them (obviously they have no hope in hell as I acknowledge no debt to them). Then it says the concessionary arrangement is subject to review of my financial circumstances and they'll contact me at the appropriate time to undertake this review.
Originally Posted by consumeredge
If the wording is the same as above this is a standard format of letter CL Finance Limited issued when they were in the process of purchasing a debt from the original creditor
Looks like I got a different template letter.
Originally Posted by consumeredge
All you need do at this stage is email Howard Cohen & co and state whilst you acknowledge receipt of their letter dated xx/xx/2011, you have not breached the terms of their previous letter dated xx/xx/2009.
Except that I do not acknowledge their previous letter dated xx/xx/2009, since First Direct have never contacted me themselves to say they were assigning the account to CL Finance.
Originally Posted by consumeredge
Have either First Direct, MCS or CL Finance Limited sent you any statements of account?
No.
Originally Posted by consumeredge
The other question is when you say you have mostly made the payments, how many have you missed and when?
Not entirely sure on this. My payments to anything tend to be late rather than missed completely. I was unemployed for over a year following redundancy in 2009, and my wife has recently been unemployed for several months. My finances are still shot from that, with hundreds of pounds of arrears on my mortgage and utility bills. I tend to end up missing some creditors one month and different ones the next.
Halifax (current accounts, credit card, old mortgage, secured loan) thread here
First Direct current account assigned to CL Finance
telling me the same. Both letters got my name wrong - example Mr N Other instead of Mr A N Other.
Reply With Quote
Originally Posted by BankFodder
