Oscar52 Vs Marbles (HFC) and DLRS

[oscar52]

Firstly, I apologise if this is in the wrong place, please feel free to move as necesarry.

 

Second, I know I havnt been here for some time (am regularly on MSE/DFW), but would appreciate some help please.

 

Some time ago (June 08) I asked Marbles for help as was struggling to pay (due to their 34.9% int rate) which they refused unless I filled in an I&E form - i advised this would cost me my job

 

I then asked them for my CCA (mid june) which they failed to provide (just a badly scanned app form with no prescribed terms) on several occasions.

 

I stopped paying them (rightly or wrongly) end of Aug 08 as they were in default. HFC continued to call, but not very often as I just kept reiterating my request and advsing them of their legal obligations. In November, I filed a complaint with FOS for their non compliance (although I am aware FOS has limited powers in this instance)

 

On 17th Jan I recieved a letter from Debt Litigation and Recovery Services (DLRS). I have called them twice (although not always best) Monday and Today, Mondays call was brief (was respondiong to a call to my mobile - message wasnt clear so wasnt sure who it was) Todays call was more in depth - why arnt you paying? Have you just racked this up and cant be bothered.

 

Anyway, advised them quickly that the above wasnt the case, have they got the CCA and deed of assignment which are required (sarcastic answer of not personally but the company has) and also advised them of FOS complaint/dispute which was responded to with "i think i'll advise our solicitors to instigate court action"

 

I am quite happy to go to court, but would appreciate some advice prior to it getting to that stage. I am aware of some of their obligations (probably not all) and am also aware that DLRS should not be collecting an account in dispute.

 

Sorry for the long post, Any advice is greatfully received.

Thanks

[hellhasnofury]

Firstly, I apologise if this is in the wrong place, please feel free to move as necesarry.

 

Second, I know I havnt been here for some time (am regularly on MSE/DFW), but would appreciate some help please.

 

Some time ago (June 08) I asked Marbles for help as was struggling to pay (due to their 34.9% int rate) which they refused unless I filled in an I&E form - i advised this would cost me my job

 

I then asked them for my CCA (mid june) which they failed to provide (just a badly scanned app form with no prescribed terms) on several occasions.

 

I stopped paying them (rightly or wrongly) end of Aug 08 as they were in default. HFC continued to call, but not very often as I just kept reiterating my request and advsing them of their legal obligations. In November, I filed a complaint with FOS for their non compliance (although I am aware FOS has limited powers in this instance)

 

On 17th Jan I recieved a letter from Debt Litigation and Recovery Services (DLRS). I have called them twice (although not always best) Monday and Today, Mondays call was brief (was respondiong to a call to my mobile - message wasnt clear so wasnt sure who it was) Todays call was more in depth - why arnt you paying? Have you just racked this up and cant be bothered.

 

Anyway, advised them quickly that the above wasnt the case, have they got the CCA and deed of assignment which are required (sarcastic answer of not personally but the company has) and also advised them of FOS complaint/dispute which was responded to with "i think i'll advise our solicitors to instigate court action"

 

I am quite happy to go to court, but would appreciate some advice prior to it getting to that stage. I am aware of some of their obligations (probably not all) and am also aware that DLRS should not be collecting an account in dispute.

 

Sorry for the long post, Any advice is greatfully received.

Thanks

 

Hello Oscar,

 

My first piece of advise to you, and I am sure that you are aware is, do not talk to these people on the telephone, in any circumstances, whatsoever.

 

All communication must be done in writing, so you have a paper trail.

 

They will on the phone say things like ""i think i'll advise our solicitors to instigate court action". threatening scaring tactic:evil: Did you get their name perchance:evil: They will be more selective with what they state in a letter that can be produced if needed at a later date

 

The first thing you must do is not panic

 

The second thing you must do is write to these muppets and inform them of the errors of their ways regarding the enforceability of the ca of the debt they purchased. Put the account into legal dispute.

 

The badly scanned pre contactual application form is all they have, and this is why they are repeatedly sending it to you. I had a similair court case last year, which hfc and their solicitors crawled back under their stone with before the court date and withdrew the case. There are also a few threads on the hfc forum which might be of some use to you.

 

If the worst comes to the worst, and they issue a court claim, you can defend it and put in a counter claim:-D

Edited January 22, 2009 by hellhasnofury

[oscar52]

Thank you for your reply '

 

My post has apparently been edited, (according to a PM i received) but I cant see it.

 

I appreciate what you say about phone calls and know its correct. As i said, Mondays call was curiosity, Wednesdays, more of "go away and dont annoy me - ps do you have all the legal docments)

 

A letter will be going to them tomorrow, just to clarify everything and advise them of their responsibilities (and those they have already breached)

[citizenB]

Thank you for your reply '

 

My post has apparently been edited, (according to a PM i received) but I cant see it.

 

I appreciate what you say about phone calls and know its correct. As i said, Mondays call was curiosity, Wednesdays, more of "go away and dont annoy me - ps do you have all the legal docments)

 

A letter will be going to them tomorrow, just to clarify everything and advise them of their responsibilities (and those they have already breached)

 

 

You were probably advised by pm that your post had been moved rather than edited as such, Oscar so dont be too concerned.

 

Good luck with your battle against this crowd

[oscar52]

Ah right. Fair enough

 

(doesnt appear to have moved though lol)

[oscar52]

Not been on here in a little while.

 

This has now been passed to 1st credit - who have sent the usual letters with usual "threats".

 

Have spoken to them a couple of times, just to advise that there is a complaint with FOS, and they shouldnt even have this.

 

Have recently (over the phone) requested my CCA and NOA. Letter receieved today states that they have requested my CCA from HFC (so have i 4 times, still havnt had anything other than an app form:rolleyes:)

 

And also stated, they didnt have to send the deed of assignment due to law of property act 1925 (maybe not, but i still have to have the notice).

 

Any advice on the letters I should send them. assuming i dont not acknowedledge letter - but what about the NoA.?

[citizenB]

Oscar, if the account has been assigned/sold to another company then you should have been advised. It might be interesting to write to the Original Creditor and say..

 

Dear Sirs

 

I have been approached by XXX company who say they have been assigned account number 12345678.

 

Would you please confirm the accuracy of their claim, the date assignment was made and the value of the outstanding balance at assignment date.

 

Yours faithfully

[oscar52]

I am aware of the value - it states that on the letter from yesterday. However, have never had a notice of assignment.

[oscar52]

Hope someone can help me - I am fairly rubbish at searching forums.

 

I have just recieved my Credit file - on it is a default from Halifax Re my HFC/MArbles card.

 

I gave them a quick call - got the usual we will not deal your accout has been passed over to blah blah blah.

 

My complaint with FOS has still not been resolved.

 

Are there any letters I can send to Halifax and/or First Credit - one to dispute the default, and second to ask for the default notice and notice of assignment (neither of which I seem to have recieved)

 

Secondly, should I also cc in the OFT and FOS (and hope for a reply from either HBOS and / or First Credit?

Edited May 7, 2009 by oscar52

[citizenB]

Oscar, I will try and find a letter for you, however.. Please note there is a difference between receiving a Default Notice and a default placed on your credit file.

 

A default will be registered at the CRAs if you arent paying , paying late or partial payments.

 

A Default Notice is a notice sent out by either a Credit Card Company or assigned owner of the account. It will give you a specified time of not less than 14 clear days to resolve the arrears before terminating the account which could mean there is a court claim in the pipeline.

 

Ah, right. I have just reread your post. I dont think there will be a template letter as such.

 

You will probably need to send a Subject Access Request for ALL information Halifax holds on you before you will see sight of a DN or assignment. That will cost you £10.00 unfortunately, there is a draft SAR letter in the link in my signature.

[oscar52]

Aren't they legally obliged to send a notice of assignment?