HFC Marbles credit card SD - was dismissed as voluntary joint charge provided - now owed by Cabot - settled at home sale - was i overcharged?

[tedney]

Hello

I have looked at numerous threads on this excellent forum, but I cannot seem to find the information I am looking for.

I was issued with a Statutory Demand by a cedit card company a while back and subsequently agreed to a Legal Charge on a property for a fixed sum.

I have now been advised by a firm of solicitors that the debt, which has now increased over that stated on the Charge and has been Assigned.

I have not been advised by the original lender of any assignment and the new "Assignee" seems to be a company not registered within the UK.

As not disputed with the original lender, I have been maintaining monthly payments.

What should I do?

Is there a given time frame for receiving notices of assignment?

Any help would be appreciated.

Thanks

[PGH7447]

who was it alledgedly assigned to?

[tedney]

Phoenix Recoveries (UK) Limited S.à.r.l.

Thanks for your response, Solicitor who wrote about assignment is evidently acting for both the assignor and assignee?

[PGH7447]

send a sar to the original lender and see what comes back

[tedney]

Thanks PGH7447, I will do that. Regards

[tedney]

Hello

Can a credit card company assign a legal charge on a property to a DCA without notice to the debtor please?

[palomino]

It depends on whether a legal charge on a property counts as property in itself.

I don't know the answer but maybe others will.

[tedney]

Sent SAR with fee, using template, I have received a response, requesting I complete their form and provide a copy of driving licence or passport! and request to return to a P.O. Box number, though return address in on envelope.

Form asks for date of birth, name and address, and account type and number, and signature and date. Covering letter states that they will provide information within forty days of receipt of this form!

Shall I just write back saying that all this info is already in their possession, and that the clock is already running?

Any Advice would be helpful.

Thank you

[PGH7447]

Write back and say they were happy in the past to send out confidential info to the address listed so what has changed

[tedney]

Thanks very much PGH7447 I will do that today.

[PGH7447]

LETTER BEFORE ACTION

Section 7 – Data Protection Act 1998

Dear Sir/Madam

Account: xxxxxxxx

You have failed to comply with my Data Protection Act Subject Access Request dated (Insert Date).

If you do not comply within the next 7 days I shall seek a Court order obliging you to do so together with damages at the discretion of the Court and without any further notice.

 

Yours faithfully

[tedney]

Thanks again PGH7447, did you mean for me to send this in addition to "what has changed" letter, or send both please?

[mazash]

I think that you should send the letter of LBA after what you have sent what is changed.

So it will show that you have given them enough chance to reply to your what is changed letter.

try not to send anything with your signature on--in case?

[tifo]

i would assume a legal charge on a property has to be done through the court and the DCA would need to prove they're now the creditor ...

[Kraken1]

I don't believe that it is any different to any other legal interest and can be assigned under s136.

[tedney]

Thanks tifo and Kraken1.

Charge was done after issue of SD.

I have not been advised by original creditor of assignment, but by agent of DCA which advised me last month of assignment made last May.

I have no proof of assignment in the way of any official notification, other than a letter from agent.

Should I have anything please, in particular from original creditor?

[Kraken1]

yep. A notice of assignment.

[tedney]

Thanks again Kraken1, I am sending SAR to original creditor.

[tedney]

I have sent a SAR to HFC, but the recipient is sending back "delaying" letters asking for my proof of identity.

I have responded as advised on here.

The original deadline of 40 days is looming, I remind them of this.

Can I get "heavy" if they miss deadline, which it looks as if they might?

Is there a template letter available?

Thanks

[clemma]

I will have a look for a letter for you. Whatever you do, do not send any ID. There is a letter somewhere about that too.

[tedney]

Thanks Clemma,

I have not sent ID merely confirmed address and date of birth.

Was this too much.

I am aware of not signing anything, they wanted driving licence and passport (did not stipulate copies!) I have not sent.

Brilliant havinastella.

Thanks for that, I will check detail and action accordingly.

Thanks again!

[clemma]

Thanks stella - knew they were around somewhere

[tedney]

Hello Again!

I have checked all the template letters and I have complied with "Assuming that the Data Protection Act information request was lodged correctly (template letter, confirmed delivery, and fee paid)

They have written twice since original request, both of which I have responded to.

They are requesting "identification to be verified"

I have responded both times, and have confirmed address and date of birth.

Do you think they will they try and say that 40 days runs from date of receipt of address and date of birth, or does it run from original request?

 

[loobyloo35]

sub

[clemma]

The 40 days run from the day of request......they are using delaying tactics