1st Credit and HSBC Debt not mine.. Stat Demand.

[citizenB]

overdone, I think you will find all the links in the following thread. You could also search for comments by surfaceagentx20 and pt2357

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/147432-high-court-judgement-rankines.html?highlight=Rankine

[Chalkitup]

Just watched Panorama documentary again. It was repeated early Friday morning. Apparently, where the "Rankines" went wrong was not to stick to the looking of inappropriate material within the Consumer Credit Act legislation and writing individual letters to creditors, which is what we do on here.

I understand that details of the Rankine's failure are now being quoted by DCA's in an inappropriate manner. Where can I find details of their case on the net?

BBC - Press Office - Panorama: Can't Pay, Won't Pay

 

 

Hello overdone,

 

Is this what you want:-

News and Events : Articles : Judgment: Basil Rankine vs American Express Services Europe Limited

 

Onwards and Upwards

 

Chalkitup

[ODC]

Here is an excellent defence if the pondlife try to waffle about Rankine - Thanks to Rory

 

Account Ref: xxxxxxxx

Dear Sirs

 

I refer to my letter dated XX/XX/XX in which I requested pursuant to s.77/78 of the Consumer Credit Act 1974, for you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

You have replied quoting the Rankine Vs HBOS & Others, claiming that you do not need to provide the requested information, This has surprised me, as no precedent was sent in this case, May i remind you of the following cases:

 

WILSON Vs FCT (2003) UKHL "the court considered that under the CCA, it was bound to uphold Mrs Wilson's arguments and declare the agreement to be unenforceable"

 

Dimond v Lovell [2000] 2 WLR 1121 where a credit hire company's loan agreements failed to stipulate the prescribed terms and were therefore, as Lord Hoffman put it, "irredeemably unenforceable"

 

I am sure that I do not need to remind you of your legal obligations under the Consumer Credit Act 1974, and the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

May I also take the opportunity to remind your company of the Solicitors' Code of Conduct. In particular Rule 11.01 Deceiving or Misleading the Court.

 

11.01 Deceiving or misleading the court

• (1) You must never deceive or knowingly or recklessly mislead the court.

 

 

 

(2) You must draw to the court's attention:

o (a) relevant cases and statutory provisions;

o (b) the contents of any document that has been filed in the proceedings where failure to draw it to the court's attention might result in the court being misled; and

o © any procedural irregularity.

(3) You must not construct facts supporting your client's case or draft any documents relating to any proceedings containing:

o (a) any contention which you do not consider to be properly arguable; or ..............."

If you are unsure of your legal obligations, please seek advice from a qualified solicitor or your local CAB office.

 

Yours faithfully

[overdone]

Well done CB.ODC and Chalkitup. I thought I was opening a can of worms. Has anyone heard of "Credit Solutions" of Purley, Croydon? I hope they are not yet another name for 1st Credit and Conaughts.

Edited November 14, 2008 by overdone
add info

[citizenB]

Well done CB.ODC and Chalkitup. I thought I was opening a can of worms. Has anyone heard of "Credit Solutions" of Purley, Croydon? I hope they are not yet another name for 1st Credit and Conaughts.

 

Yep, they are one of my penpals..what do you want to know ?.. :DThey were supposed to visit me on Wednesday according to their bright yellow postcard.. they didnt turn up:(

 

Their latest letters to me.... Our client will NOT allow this unacceptable situation to continue...

[Chalkitup]

Credit Solutions .....

 

They telephoned me for three weeks and sent me four letters then I read them the riot act and they handed my debt back to MBNA

 

Onwards and Upwards

 

Chalkitup

[overdone]

Credit Solutions .....

They telephoned me for three weeks and sent me four letters then I read them the riot act and they handed my debt back to MBNA

Chalkitup

 

So although they are in Croydon, Surrey, they are not Connaughts or 1st Credit? Does Croydon have any industry, that does not deal with debt? Do people earn a respectable living by say, working in a supermarket or anything like that?

Edited November 14, 2008 by overdone
typo

[citizenB]

So although they are in Croydon, Surrey, they are not Connaughts or 1st Credit? Does Croydon have any industry, that does not deal with debt? Do people earn a respectable living by say, working in a supermarket or anything like that?

 

 

Is this a trick question ?

[overdone]

Is this a trick question ?

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/160796-barclaycard-mercers-offsetting-query.html#post1816807

 

Yes, if this is a trick answer.

[Chalkitup]

So although they are in Croydon, Surrey, they are not Connaughts or 1st Credit? Does Croydon have any industry, that does not deal with debt? Do people earn a respectable living by say, working in a supermarket or anything like that?

 

 

Hello,

 

According to their web site ...........

 

Credit Solutions Holdings Ltd. (CHSL) consists of the following three group companies:

Credit Solutions Ltd.

Credit Solutions was founded in 1990 and subsequently became the first Debt Recovery Agency to be accredited with the ISO 9001:2000 Quality Standard.

power2contact Ltd.

power2contact was formed in 2003, taking a radically new and successful approach to field visits by using the latest handheld technology, bespoke software and fully-employed field staff.

The Crucible Debt Purchase Company Ltd.

The Crucible Debt Purchase Company has the funds available to deliver debt purchase opportunities quickly and efficiently.

 

Onwards and Upwards

 

Chalkitup

[overdone]

Well, you have to hand it to 1st Credit, one word from Trading Standards and they do as they please. This arrived this morning from Mackenzie Hall.

 

Ref. xxxxxx

Puruers 1st Credit Ltd

Original Creditor HBOS

Principle sum £4598.xx

 

IMPORTANT - DO NOT IGNORE.

 

Dear Overdone,

 

We have been instructed by our client to recover this Overdue account on their behalf.

 

Our clients have informed us that they are unaware of any ligitimate reason for non-payment of their account and although they would prefer an amicable settlement, they will not hesitate to take such further action as may be appropriate.

 

We trust that this will not be necessary and would request that you send your payment by the deadline below to the address at the top of this letter to avoid action.

 

Payment deadline NOON 19th November 2008.

 

If you have recently forwarded payment or if there is any issue that you would like to bring to our attention then we would ask you to contact this office Immediately by telephone on 01563 554 793.

 

Yours sincerely,

Francis Clark

Mackenzie Hall Limited.

 

I would have thought posts 153, 155. Page 8 and post 271 page 14, were legitimate reasons. Apparently not.

Edited November 15, 2008 by overdone
add info

[The GodMother]

dear mucky hall.

 

BOG OFF.

 

yours overdone.

 

Just for ppls amusement

[Duffers Mum]

Ah Mackenzie Hall, theres a blast from the past! They tried to get DH to pay a statute barred debt last year, and it was googling them that I found my way to the CAG! Two emails and the threat of TS, OFT and FOS and the words statute barred soon got rid of this bunch of muppets, I'm sure you'll have no problem getting rid of them.

 

Good luck

[The GodMother]

my bog off letter should work.

[overdone]

my bog off letter should work.

 

Much as I would like to get straight to the point with Mac Hall I have blasted them with photocopies of TS letters and written,

 

 

Dear Sirs,

 

PLEASE DO NOT IGNORE THIS LETTER

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY

 

Account No: xxxxxxxxx HBOS 1st Credit Ltd

 

In acknowledgement of your letter, referenced above of 12 November 2008. I was in fact surprised to hear that 1st Credit have asked you to contact me regarding the above. Since they are in breach of my Consumer Credit Agreement requests (Consumer Credit Act, 1974); dated 23 June 2008 for which I have proof of receipt . I can only assume therefore that they failed to inform you of their non compliance.

 

Your principal had until mid July to comply with a legal request. They are now in breach of that request. I am enclosing copies of the letters sent to , 1st Credit for which I have received no reply other than letters threatening legal action and the subsequent involvement of Trading Standards.

 

I therefore suggest you return this account to 1st credit.

 

 

 

Yours faithfully,

 

 

Overdone

 

and to Essex Trading Standards I have written,

 

Dear Mrs xxxxxxxx,

 

Re: 1st Credit

 

Thank you for your letter of 30 October 2008 in which you state that you would be grateful if I could notify you of any more demands for payment from 1st Credit.

 

From the enclosed letter you can see that 1st Credit have asked Mackenzie Hall to pursue this debt on their behalf.

 

I trust the enclosed will assist you to take further action.

 

Yours faithfully,

Overdone.

Edited November 18, 2008 by overdone
typo

[citizenB]

Seems like a good plan to me overdone

[overdone]

Sent recorded delivery, I had a load of paperwork from Mackenzie Hall this morning. Could someone look at it and tell me where they think it might be flawed.

 

I had a load of terms and conditions too, backdated to look as If they were the originals.

Edited November 27, 2008 by overdone

[surprise]

Take them down quickly and remove all personal information.

 

name, account number etc

[overdone]

Image of machhallletter - Photobucket - Video and Image Hosting

 

Image of mackhallapplication2 - Photobucket - Video and Image Hosting

Edited November 28, 2008 by overdone

[surprise]

This is clearly an application form with no prescribed terms and conditions. The letter to PeterBard from the DTI is clear on this subject. You can find it in PeterBard's thread letters from the DTI.

[overdone]

This is clearly an application form with no prescribed terms and conditions. The letter to PeterBard from the DTI is clear on this subject. You can find it in PeterBard's thread letters from the DTI.

 

They have sent me a perfect set of terms and conditions which I think have been prepared retrospectively. I need to know basic flaws like what should appear next to the signature and A.P.R stuff. I only have a little knowledge which can be a dangerouse thing so would appreciate if someone could prepare a list and what sort of letter to write.

[surprise]

The prescribed terms need to be on the same page as the signatures. Also, PeterBard is an expert on these documents and he had a look at one of mine and he said they hadn't got a cat in hell chance of enforcing it, it was a CapOne Application Form. If you search his name and look at his threads it may help. I am sure that these Credit Card companies would be willing to go to court more often than do if they were so certain their application forms were enforceable.

[citizenB]

They have sent me a perfect set of terms and conditions which I think have been prepared retrospectively. I need to know basic flaws like what should appear next to the signature and A.P.R stuff. I only have a little knowledge which can be a dangerouse thing so would appreciate if someone could prepare a list and what sort of letter to write.

 

 

You say they have sent you a perfect set of terms and conditions. From what date are those? Your APPLICATION form is dated 1997.

 

On the t&cs is there a date or date code anywhere, what if any are the value of the charges they say they will apply to the account in the event of default ?.

 

On the application form, does it refer to terms and conditions as overleaf, in another document ?

[overdone]

You say they have sent you a perfect set of terms and conditions. From what date are those? Your APPLICATION form is dated 1997.

There is no date on the terms and conditions but charges that would be applied are those prevailing ten years ago.

£25 each time you do not make a minimum payment by the payment date.

£25 if your account balance is over your credit limit on a statement date.

etc, but it does seem expensive for ten years ago. Without a date reference I cannot invalidate them

[overdone]

On the application form, does it refer to terms and conditions as overleaf, in another document ?

 

The application form is illegible.

 

Image of mackhallapplication2 - Photobucket - Video and Image Hosting

 

I have had no deed of assignment but who would that have to come from, RBS or 1st Credit or Connaughts or........

What sort of letter should I write to Mckensie Hall in response. These were sent recorded delivery by Mackensie Hall.

Edited December 3, 2008 by overdone