Phoenix / Fredrickson - Advice

[Tech24]

I would be grateful if someone could give any advice on how to deal with this.... I have a debt from HSBC relating to a student overdraft from 1998, which I started making payments to wescot Credit services back in 2005. Since then Ive been paying them £50 a month by Standing Order. A couple of years ago I moved address and didnt inform Wescot of this, however continued to make payments.

 

Over the last couple of months I have been getting letters from Fredrickson / Phoenix, chasing this debt, at my new address. Having finally spoken to Wescott they said that the debt was taken off them some time back and they had been sending my payments onto Metropolitan Collection Services / HSBC, and that I should cancel my DD with them and speak to Metropolitan directly. The bloke from Wescott also said he was surprised that the debt had been taken off them as i had been making regular payments each month etc.

 

Phoenix have now written to me advising they have made enquiries and can confrim i am resident at this address and that they will be taking legal proceedings against me.

 

I am unsure whether to respond to Phoenix or try any get some sense out of Metropolitan, or just forget about them both- any advice would be much appreciated.

[Spamalot]

I would be grateful if someone could give any advice on how to deal with this.... I have a debt from HSBC relating to a student overdraft from 1998, which I started making payments to wescot Credit services back in 2005. Since then Ive been paying them £50 a month by Standing Order. A couple of years ago I moved address and didnt inform Wescot of this, however continued to make payments.

 

Over the last couple of months I have been getting letters from Fredrickson / Phoenix, chasing this debt, at my new address. Having finally spoken to Wescott they said that the debt was taken off them some time back and they had been sending my payments onto Metropolitan Collection Services / HSBC, and that I should cancel my DD with them and speak to Metropolitan directly. The bloke from Wescott also said he was surprised that the debt had been taken off them as i had been making regular payments each month etc.

 

Phoenix have now written to me advising they have made enquiries and can confrim i am resident at this address and that they will be taking legal proceedings against me.

 

I am unsure whether to respond to Phoenix or try any get some sense out of Metropolitan, or just forget about them both- any advice would be much appreciated.

Hi there,

 

Phoenix are EVIL! They will litigate at the drop of a hat because their policy is to get a CCJ and then a CO if you own a House.

 

My advice would be to get a SAR sent out as soon as possible to try and find out when your Debt was assigned etc.

 

As you have not received a Notice of assignment they must prove they own the debt also so don't send them any money until they do.

 

Spam.

[Tech24]

So i should write to them with the SAR and ask them for a notice of assignment at once or do i leave them to write to me with that?

 

I was in two minds whether to just contact Metropolitain / HSBC direct and try and do a deal with them...

[Spamalot]

So i should write to them with the SAR and ask them for a notice of assignment at once or do i leave them to write to me with that?

 

I was in two minds whether to just contact Metropolitain / HSBC direct and try and do a deal with them...

Hi,

My personal view would to be to ignore anything that Phoenix are saying through whatever mouthpiece they are using.

 

Send a Subject access request to your original creditor and they should supply all the info that you need to see whether or not Phoenix now 'OWN'

this account. If they do own the account and you haven't received a notice of assignment then they are on a sticky wicket... If you wish to continue paying your standing order to your OC just to keep things ticking over that's great.... don't even acknowledge Phoenix exists let alone pay them any money because you have received no legal Notice of Assignment to them and they could be anybody...

 

Just in case they do miraculously send a NOA to you it must be sent recorded or special delivery. If it arrives in ordinary post it is not deemed 'served' as they can't prove you've received it.

 

Spam.

[Tech24]

Cheers Spam, will do. Thanks for the advice.

[Tech24]

Sorry ... another question on this, can I CCA HSBC on this or does the fact that payments have been made on the debt prevent me from going along that route?

[Spamalot]

Sorry ... another question on this, can I CCA HSBC on this or does the fact that payments have been made on the debt prevent me from going along that route?

 

There is nothing to stop you from doing that...the more ammo you get the better...If you get a copy of credit agreement that turns out to be unenforceable it will add more fun to fighting Phoenix...

 

Seriously, just ask for as much paperwork as possible regarding the account and then when you've got it post it up for advice..

 

Spam.