problems with halifax

[citizenB]

Hi it seems to be the case that if a bottom feeder DCA buys a debt they have the right to return the debt to the OC/DCA they purchased it from if any problems arise. Since I joined CAG in 2007 have had approx 9 DCA all chaseing the same debt that is unenforceable as no signed agreement, have seen this account returned so often after I have advised new purchaser re "pig in a poke" that I have a template letter all I do is now change date etc.

 

dpick

 

dpick, this is interesting. We are coming up against this situation quite frequently. Is there any documented information that gives a Debt purchaser the right to return/resell the account back to the original owner ?

[dpick]

Hi no documented proof mostly word of mouth ie number of threads where account has been returned to OC or previous DCA and in my case as above approx 8 or 9 DCA amended my CRA file to reflect their purchase of my account when I told the they had purchased a "pig in a poke" they sent letter to say they had closed account and returned it to previous DCA etc, checked later and CRA file had been changed again to reflect present owner. This account will be statute barred in May 2013 and just has one entry on CRA files though the owner has been amended often.

 

Had to inform a couple of DCA I would take them to court for defamation as they had changed default date to try to prolong statute barred period idjuts.

 

dpick

[citizenB]

Ah righto, thanks.

 

Do you know for sure if the account was genuinely sold/assigned - or was the DCA at each time simply acting as a 3rd party collection agent. If you have Notice of Assignments from several DCAs in respect of ONE account, that could be quite interesting. I am sure that something like that must give proof to the fact that the original creditor is aware there is a problem with the account and are simply muddying the waters.

[sussex1]

cheers for the responses, seems likely then they have bought a few and I will send the usual "in dispute" letter to see what happens.

 

I know it doesn't count for much but common sense would say, if they have bought a lemon they should have been more careful and are not allowed to pass it back to the original company

 

thanks again

[babydoll0141917]

Any news on this Sussex ??

[sussex1]

hi babydoll,

 

not really, they did send one letter saying they had referred it back but unless i was disputing whole account i should still pay something. Obviously i've not replied and have heard nothing else. How about you?

[babydoll0141917]

Hi Sussex Hope all is well I sent the account in dispute letter..they came back with the same application that Halifax and all the other DCAs have sent..they also sent me statements of accounts from 2006 to 2008,, they were just print outs from 1 st Cruds printer ..not even from halifax..and where all the rest are I dont know..they did reply back back saying please contact them to start paying if I dont ..then court blah blah blah .. I sent an email back to them to refer to the Email of Account in dispute..

 

I think they will issue SD for these accounts .A lot of Halifax Apps the same has ours that have been sold to 1st Cred seem to be getting them

[sussex1]

guess we will have to sit tight and wait then. I'm not sure exactly what the consequences of a SD being issued are but as and when it is received, I will post on here and no doubt the good people of CAG will advise

 

regards

[babydoll0141917]

We will have to get the SD setaside..If we dont then they could petition for BR ..I have nothing so they wouldnt get nothing,,

 

Take care

[sussex1]

Hi

 

after 1st credit telling me they were going back to Halifax, I have received this response from Halifax and addressed to me although on a compliment slip from first credit

 

 

Anyone know what the Chester Commercial Court test case is?

 

also they say in the same letter it was sold to 1st credit on 6th August 08 but wasn't defaulted until 10th October 08!!

 

The first date is clearly an error as i have been dealing with the many DCA's they passed it around until it got to first credit.

 

The default notice here as discussed earlier in the thread was faulty but I still don't have the official termination notice.

 

Any views on how to reply? Do I reply to 1st Credit or Halifax?

 

thanks as always

[the_shadow]

Hi,

 

This was the McGuffick case vs RBS I believe.

 

S.

[citizenB]

Hi

 

after 1st credit telling me they were going back to Halifax, I have received this response from Halifax and addressed to me although on a compliment slip from first credit

 

 

Anyone know what the Chester Commercial Court test case is?

 

also they say in the same letter it was sold to 1st credit on 6th August 08 but wasn't defaulted until 10th October 08!!

 

The first date is clearly an error as i have been dealing with the many DCA's they passed it around until it got to first credit.

 

The default notice here as discussed earlier in the thread was faulty but I still don't have the official termination notice.

 

Any views on how to reply? Do I reply to 1st Credit or Halifax?

 

thanks as always

 

 

Well as far as I can see, they have made a brilliant faux pas as it would appear they have sent the information requested in 2088 !!

[citizenB]

IMHO, their "understanding" of your complaint is as muddled as their actual response.

It is the usual cut and paste rubbish that Halifax love to use - obviously no one checking the content before adding their signature before mailing, to ensure the letter even makes sense !

Their response is otiose and disingenuous.

If they can make a simple error in a date.. then one wonders how many of these have been made on statements !!

[FlyboyAgain]

Hi no documented proof mostly word of mouth ie number of threads where account has been returned to OC or previous DCA and in my case as above approx 8 or 9 DCA amended my CRA file to reflect their purchase of my account when I told the they had purchased a "pig in a poke" they sent letter to say they had closed account and returned it to previous DCA etc, checked later and CRA file had been changed again to reflect present owner. This account will be statute barred in May 2013 and just has one entry on CRA files though the owner has been amended often.

 

Had to inform a couple of DCA I would take them to court for defamation as they had changed default date to try to prolong statute barred period idjuts.

 

dpick

 

Defamation? On what grounds? Surely you should be going through the Information Commissioner's office if these clowns are altering details? Why would you risk a court case on a charge of defamation of character?

[sussex1]

been having problems with scanner and so have only just being able to reattach letter

 

1st credit got my work number and i unknowingly answered it. They insist they own this account now.

 

Any views on how I should respond to them? It has already been stated on thread that default notice was faulty. I have never received the termination notice. Should i ask for a copy of this now?

 

Howe about the test case they refer to which Shadow thinks is McGuffick vs RBS. How is best to respond re this?

 

all views appreciated as always

 

http://i1340.photobucket.com/albums/o739/sussex71/033.jpg

 

http://i1340.photobucket.com/albums/o739/sussex71/028.jpg

[babydoll0141917]

Morning Sussex

 

Im still writing to and fro to 1st credit..I did ask questions on here yesterday regarding the Faulty DN,, the answer was that paper work wriggles didnt hold out much hope now..we are told on Cag not to tell them about the faulty DN ..Thats ok as long as it doesnt go to court,, Confused Yep I am

 

 

I asked 1st Cred for a DN they said I would have to go to Halifax for that ..

[the_shadow]

Apologies I've not kept up to date on the site or this case....

 

They are correct in what they can do even though you say the account is in dispute, basically everything up to obtaining judgement against you, McGuffick shows that, are you certain they responded properly to the s78 request, if they didnt then Carey vs HSBC is your sword.

 

S.

[sussex1]

Hi

 

Im a little confused re what to do on this now. On reading other threads its my understanding (and I could be wrong) that pretty much they can chase the money, pass the account around to whoever they want but if agreement not executed properly, they cannot enforce. Hopefully someone can confirm this.

 

I've put docs from this thread into this post, including what they say is the agreement but I have argued is an application, a default notice with not enough time to remedy,their confirmation they haven't signed what they say is the agreement and have altered the date stamp and their confirmation it is an exact copy of what they have. What I have never received, although I'm not sure this will be relevant now is a termination notice.

 

 

http://i297.photobucket.com/albums/mm223/sussex1/halifax2-2.jpg

 

http://i297.photobucket.com/albums/mm223/sussex1/halifax-2.jpg

 

http://i297.photobucket.com/albums/mm223/sussex1/halifaxoct2.jpg

 

http://i297.photobucket.com/albums/mm223/sussex1/halifax14101-1.jpg

 

http://i297.photobucket.com/albums/mm223/sussex1/halifax14102.jpg

 

http://i297.photobucket.com/albums/mm223/sussex1/halifax3010.jpg

 

http://i297.photobucket.com/albums/mm223/sussex1/halifax30102.jpg

 

http://i297.photobucket.com/albums/mm223/sussex1/hali1812.jpg

 

http://i297.photobucket.com/albums/mm223/sussex1/hali18122.jpg

 

http://i297.photobucket.com/albums/mm223/sussex1/halifax270109-1.jpg

 

 

 

As I say I am confused and I feel out of my depth slightly now. Can anyone suggest a suitable reply to 1st Credit?

 

Thanks for your time and opinions

 

Sussex

Edited November 23, 2012 by sussex1

[babydoll0141917]

Its like reading mine all over again Sussex,,what a dilemma,,im still telling 1st credit the same thing..they have been contradicting them selves tho

[sussex1]

Hi

 

still getting pursued by 1st Credit who today have even sent me a direct debit form to complete advising they will accept any offer i make as long as i keep up with payments.

 

 

Has anyone got any suggestions as to what I need to say to them?

 

I'm inclined to just tell them i'm still waiting for a copy of a properly executed agreement for this alleged account and see what they do. Is that a good idea? Should I also ask for the termination notice that I never received?

 

thanks again

[babydoll0141917]

Hi sussex

 

Im in talks with 1st credit..they tell me these Apps are CCAs ..but then they contridicting them selves and say ..Halifax have never received a request for a CCA ..If I want one im to follow Halifax procedure..they did send customer a COPY APP tho I take that as copy of the Application ..,,I sent a CCA request in 08 not sending again ..Ive told them the faults with the CCA

 

I did ask for a copy of the DN notice ..1st Cred said I need to ask Halifax for that ..so they may tell you the same thing with the TN..I guess its a good thing they are asking you to make them an offer not that you will ..just proves that these apps are just that Apps

[babydoll0141917]

Any update sussex ?

[sussex1]

Any update sussex ?

 

Hi babydoll, I've not heard anything for some time although the owner on my credit file appears to have changed to a company whose name escapes me , I'm at work at moment. Mine becomes SB early next year so am leaving sleeping dogs lie

How are you getting along?

[babydoll0141917]

Hi Sussex

 

I still have 1stcred on me case ..Im still disputing the Application form...I didn't hear anything for 6 months then when I did they sent me the same App form and statements from 2006 to 2008 ..wheres the rest of them LOL..I told them I never had a CC with that amount of credit and cant work out how it got to that much with out seeing the statements from the start of the account..I still think these Apps are not ligit..If they were why don't they justsend a summons instead of all this letter ping pong..I haven't answered their last letter yet ..they wrote and said if they don't hear from me within 14 days they would have to consider their options..Im sending a SARs to Halifax tomorrow..

 

Mine is SB also early next year ..I know people say to ignore but if I just keep disputing till early next year then they wont have no chance..But there again keep writing to them just feeds them ..Don't know what to do really..This as been going on since what a nightmare2008..Hope you are well

[sussex1]

It is annoying not knowing what to do but I think if they had anything they or one of the many that have tried to collect money would have taken us to Court by now.

Just checked credit file and now owner since March is Cai finance ltd. I've never had correspondence from them and am hoping it stays like that!! With any luck we'll both soon be off the hook!! Good luck