An update - Dec 2017:

I have just received solicitors letters regarding this account and trying to collect the debt.

I will read properly later, dig out my old file and relay details.

Its that time of year - dca's always send seasons greetings in the form of collection threats....

Really annoying

(Sols =L Aldridge)

Letter received:

Debt owing £xxxx – due to 1st Cred

Letter of Claim

We are instructed on behalf of 1stcred.

This letter is sent in compliance with the Pre-Action Protocol on Debt Claims.

It is part of the requirements of the Protocol that we refer you to Annexe 1 of the same and supply you with the info sheet and reply form.

A copy of Anx 1 and those docs are provided with this letter.

Our client has a claim for monies owed on your BOS loan acc ref # xxx which was opened on/around xx (the Agreement).

The account was assigned to our client in 2014 and a NOA was sent to you on x 2014 confirming our client as the new legal owner.

The sums owed to BOS must now be paid to our client.

If you require a written copy of the Agreement our client will request it from the original creditor and send it upon receipt.

We understand our client and its legal dept have requested settlement of £xx via various letters and by way of telephone collection methods

(** never spoken to anyone**) but to date has not received a satisfactory offer of payment.

If you have made an offer of payment this letter is sent cos our client does not consider the offer to be reasonable.

If our client has received installment payments this letter is sent because you failed to keep up with your arrangement

(** I missed a few months of £nominal/m this year **)

Our client confirms that no charges or interest have been added since the date of assignment although statutory interest and court costs will be added if we are required to commence court proceedings.

Blah blah – they then attach a statement of account.

Then say to avoid county court proceedings and judgment I must contact their client by phone.

They also say if I want to offer payment instalments I should complete the financial info sheet so their client can consider my offer

Backtracking more than 2y

- 1stcred never sent the T&Cs with the cca.

Which someone on here said it meant they weren't compliant with the cca request.

Should I write to the sols and remind them of this and send in another cca request?

Or should I just write to 1stcred, apologise for missing few payments and say all I can afford is x£/m and that will have to do....

Should I be worried that 1stcred have appointed sols?

Read a few threads on here and LA seem to be quite sharp....

read here:

https://www.consumeractiongroup.co.uk/forum/showthread.php?481827-The-Pre-Action-Protocol-for-Debt-Claims-is-made-by-the-Master-of-the-Rolls-as-Head-of-Civil-Justice.-1st-Oct-2017

you must reply

follow post 2

Ok Thanks. Just read that through now.

The statement they have sent just shows payments since 1stcred took over the debt.

They have sent no statement of account from before then.

So there is no written proof of the debt and if/how accrued.

I need to triple check

- but from recollection anything that could be possible owed would have been interest; not loan.

Unsecured too.

Just reading through my old notes.

1stcred never sent the T&Cs with the original cca request in 2014

- which made them non-compliant.

Quite annoying that after 3y they have set this legal process in motion...

Guess I should have not missed a few months...

SO:

1 - I need to reply (as per post 60 above) to 1stcred within 30 days with a proper Reply sheet filled out

2 - Should I send another cca request given they never fully complied with my original request 3y ago...

yes follow post 2 in that thread

its NOT legal proceeding

just the new way since October they must now do things

rather than sending stupid threat-o-grams.

when was your last payment to Halifax?

dx

oh yes

you blindly kept paying after being told to stop years ago.

dx

Last payment was 5m ago. And today - just in case it makes a difference!

I know I kept paying

- but i paid a tiny nominal payment/month because they kept threatening me and i thought the tiny amount was better than action.

Not sure why I forgot paying the last few months, other than busy with other more important issues.

But I did forget and now they have sent the legal letters.

3y ago they might have litigated cos i stopped paying.

3y later and I haven't paid for 5m and they threaten to litigate.

Still not statute barred.

But the situation is the same - they never complied with the CCA request.

DX I will follow what you said above and re-send a new cca request.

Am I stuffed or are they (if dont now provide all the details)?

it is NOT the start of legal proceedings!!

follow post 6 in that post

staple the CCA request and the £1 blank PO to the reply form too.

ONLY fill out the form with the guided word there

DONT PUT OR ADD ANYTHING ELSE.

and STOP PAYING!!

and do NOT sign anything

Thanks DX.

Ok I will do no other payments.

And will sort the form; cca request and £1 PO tomorrow.

Very helpful.

Will keep you all updated.

I guess I won't hear anything until after Christmas though...

Done.

Wait and see what happens next.

Update:

I have received a bunch of statements from 1stcred

- showing from start to assignment and then from assignment to now.

There are £200 of penalty charges dating back more than 10y.

The original unsecured loan was in 03 for 25k, apr of 7.9%/ monthly .639%.

The term was for 7 years. (ie mid 10)

i stopped making full payments end 08.

Been making token payments ever since.

Well beyond the original term - its now been almost 15y!

Just added up all payments made in last 15y and they total almost 26.5k

1st cred suggest I still owe them 6.5k.

Obviously the original loan has been repaid, but only paid 1.5k of interest.

They have sent me a booklet entitled personal loan conditions 03.

They have included my id provided in 03.

They have sent 1 photocopied page which has:

on one side the 'personal loan application form' and on the other side the 'personal loan agreement'.

Both signed & dated.

The agreement side shows the loan amount,

the interest amount,

the total to pay,

the monthly amounts to pay,

the apr and the monthly interest rate.

They have included the NOA - dated mid 2014.

They have not sent the Default Notice.

They have requested that from Hal.

where does this leave me?

scan the CCA return up please to one multipage PDF

read upload

attached info received to follow

i hope i have done this correctly

cca info.pdf

you had a CCA return before did you not>

how does that compare

thanks dx

Last time they never sent any t&cs.

This time they have sent a photocopy of what looks like it was a booklet entitled 'personal loan conditions 2003'. This is not attached to anything that has my name, address or account # referenced. There is nothing to show that it relates to me or was ever given to me.

They never sent a copy of the Default Notice - not a few years ago; not now.

They say they have asked Hal for a copy.

Interestingly when I checked the list of charges on the 'personal loan conditions' sheet

- Hal write they charge £50 to issue a Default Notice.

There is no record of a £50 charge being added to my account on the statements they have provided me.

The statement and balance in June 2014 shows the list of all payments and charges from 03.

Beside the bottom 'total' there is a typed "debt passed on, pleas".

Hal sent me a NOA start July 2014

- In this they say the 'date of sale' was the last date on the balance statement - which was 12 days earlier.

Is this ok?

1stcred have also sent a statement

- entitled "printaccountpresue" - which lists payments subsequent to the NOA, from July 2014 until 2017.

scan up what they sent before please

I am now attaching earlier cca info sent by dca in 2015.

They sent a personal loan statement from start to end June 2014 (when they passed the debt on). (I have not attached this).

They also sent a separate log of payments entitled 'presue'.

They logged a date of 01/07/14 as the 'date placed'.

They then list my monthly payments from mid 2009 and against each dated payment there is a written [recoveries].

I had stopped paying the correct monthly amount end 2008 and had been paying monthly random lower amounts.

Dca did not send copy of any Default Notice.

Dca did not send the 2003 terms.

Although the signed 'Agreement' states

'you agree to pay the loan on the basis of the conditions set out below and in the Personal loan conditions 2003 booklet -a copy of which you have received'.

Hal state they sold the debt 24 June 14;

yet they also sent me an annual statement dated 25 June;

and the last date on the balance statement they sent me was dated 26 June.

They sent me the NoA dated 14 days after the day they say they sold the debt.

The Dca sent a 'welcome' letter the same date as the NoA is dated.

Does any of this help?

cca2015docs.pdf

Just looking at the situation:

neither hal or dca have sent the default notice

- should they have done as part of the cca request?

Also if Hal was still corresponding with me and sending statements

was it legal for them to sell the debt w/o sending me a DN?

Im just a bit confused about the dates and legally what they should have done to be able to enforce....

all they had to do was record one was sent

that's probably in the comms or account log of the sar.

to sell the debt

they must have defaulted it yes.

i'll have to re read the thread later to get up to speed again

Just looking at the situation:

neither hal or dca have sent the default notice

- should they have done as part of the cca request? No

 

Also if Hal was still corresponding with me and sending statements

was it legal for them to sell the debt w/o sending me a DN? Yes

 

Im just a bit confused about the dates and legally what they should have done to be able to enforce....

Andy

I dont think I have ever had a DN

I checked the statements they sent

- the last full payment I made was Oct 08.

2 months later they have registered a £50 charge.

£50 is the fee they charge for a DN.

But - if this charge relates to a DN

- at the date they issued the charge I had only missed 1 month payment

- which seems too quick to issue a DN.

That said, I don't have a record of one and neither Hal or DCA have ever sent a copy of a DN to me.

Where do I stand with this now?

They cant charge for issuing a default notice...that will be a late payment penalty fee

their 2003 personal loan conditions pamphlet lists account charges - it says issue of a DN is £50

Unfair penalty fee then.....

They have added more than £250 of these unfair penalty charges

I haven't heard from dca in last 2 weeks.

I am not quite sure if I am waiting on them to send more info or if I should expect a letter of legal action in the post?

Sit on your hands or get reclaiming

Hadn't entered my head that those extra charges would be 'unfair penalty charges'...

Just input the charges into a cis template. Would the % rate be the same rate they charged me for the loan? Or a higher amount like for a credit card?

their int rate