Halifax BOS debt passed to 1st Credit, Advice Needed !

[Jakey135]

Hi I'm very new to all this so please bear with me.

 

I have an long outstanding debt with HBOS just over £9000 due to stupid decisions i made earlier in my life.

 

I have over the years been in dispute with BOS,

they have passed my account from one DCA to another about 5 in total,

everytime I complain or kick up a stink they send it back to HBOS.

 

They have now passed this to 1st Credit who i beleive has been sold the debt by HBOS,

although I can not see any mention of them on my credit file, checked on 'Noodle' today.

 

I am really angry with HBOS as the last time i had contact with them, around 18 months ago,

i sent them a complaint as i did pay an amount to one of their DCA's about 3 months worth,

this was never reflected in the figure they put on the statements they sent me

and is not reflected in the figure they have passed to 1st credit.

 

Furthermore i did questions a possible breach of DPA as one of the DCA's HBOS sent my file to,

contacted a utility company and stated this in writing to me.

 

The utility company provided them with confirmation of my address and that i was living there and also that i was paying for utilities at the address.

 

I complained to HBOS as they had no right to do this as i had previously been in contact with them and they was no question that i was living at the address.

HBOS did not reply to this and over the months as they kept quiet i didn't puruse the complaint, however i did keep the letters.

 

I have just looked at my credit file today and it does show the default with HBOS outstanding ,

the first default date was 22/11/2007, it doesn't show any payments after that date,

probably because i paid the DCA not BOS, and they have never acknowledged this.

 

1st credit have now sent me 2 letters, the first with your typical B&W photocopy of a bank of scotland headed letter

saying that they have now been passed the debt and a second one threatning bankruptcy and asking me to pay £1500 in installments.

 

I have read a few comments about 1st Credit and I have sent them a letter telling them i don't acknowledge the debt and asked them for the original signed agreement.

I have not signed the letter and asked them to contact me in writing only. I also included a postal order and gave them 12 days as recommended.

 

I suspect I will need some guidance going forward, as i know these people can be a bit tricky.

I was considering an IVA as i am just about coping with my debt until these people came along, i am now a bit worried.

 

If i do opt for an IVA i didn't want to pay 1st credit as i know how much they pay for books of debt,

i would have rather resolved the issue with BOS, which I did try to do initially.

 

Any advice or assistance would be much appreciated.

 

Kind Regards

Edited September 3, 2012 by Jakey135

[dx100uk]

hi ya

 

can you please use the edit button in the grey bar below your msg

 

and add some blank lines and sentences

 

dx

[Jakey135]

Soz, I have now amended, did put paragraphs in first but seem to bunch everything together.

 

Cheers

J

[dx100uk]

prob pasted over from somewhere?

 

alway use notepad or a pure text based program.

 

dx

[dx100uk]

right

 

you say you've paid a dca monies toward this debt

but these dont showgoing off the debt?

 

urm.. i smell cash cow here.

 

what was the org debt?

 

and when did out take it out?

 

dx

[Jakey135]

The original debt was a Credit Card debt of £9660

but i paid £300 to a DCA some 18 months - 2 years ago (Not 1st Credit).

 

I made the payments as a gesture while BOS was dealing with my complaint.

 

BOS have never acknowledged the payments and the file was passed back to them after I stop making payments.

 

The Credit card was taken out in 2000/2001 but i can't be sure the exact date.

 

Thanks.

J

[dx100uk]

doesn't it not make you wonder why for a debt of £9.6k they have never gone to court?

when they take people to court for as little as £100?

 

something smells here ?

 

so its live and still owned by BOS

it was defaulted in 11/07 so before that you never had any issues paying.

 

then you hit hard time and its been passed around eventually with you making a couple of £150 payments in all that time.

 

and now you've a threat-o-gram from 1st crapit.

 

i think you need to SAR BOS

 

i can only think that the bal if mostly PPI &/or PENALTY charges

 

and thats why they wont go near a court for fear of a counter claim

or

there is no enforceable paperwork

 

that CCA 1st crapit will be interesting !!

 

dx

[BRIGADIER2JCS]

I agree SAR to HBOS, things do not add up here.

[sweetjane]

Was it a credit card that came unexpected with a loan? BOS did this a lot. We successfully claimed back PPI on both loan & credit card and unfair credit card charges which wiped out the debt. Sounds like you are in financial hardship. BOS know you are struggling and may have mis-led 1st credit about your ability to pay. Make sure they know debt was in dispute and you are in hardship.

[Jakey135]

Hi All

 

Just to clarify the debit is showing as owned by BOS on Noodle but i did receive a letter from 1st Credit saying that 'Bank of Scotland PLC has assigned all of it's respective rights, title and interest in respect of the above mentioned account' so i assume BOS have sold on the debt.

 

Anyway, i received a package today from 1st Credit, they have provided me with a bunch of printed statements going back to 2006, but no signed agreement, of which they did acknowledge i required in a previous letter and that they would approach the original creditor. I have issued a SAR to BOS today, what should I do about 1st Credit? Should I just reiterate the account is in dispute and request the CCA again ?

 

Any help appreciated as always.

 

Kind Regards

J

[BRIGADIER2JCS]

Were any terms and coditions supplied by 1st Credit?

[Jakey135]

No nothing just copies of statements.

[BRIGADIER2JCS]

This is their response to a CCA request?

If so send the account in dispute letter from the CAG library.

[Jakey135]

i know ! the letter simply says 'please find enclosed copies of statements/invoices as requested, upon receipt please contact 1st Credit immediately to discuss the above account'. I will send the letter you have suggested. Thank you.

 

J

[BRIGADIER2JCS]

Ok, did you actually make a CCA request with the £1 statutory fee paid?

[Jakey135]

Yes i sent the CCA request with a £1 postal order recorded delivery. They acknowledged the request with a letter confirming they had put the account on hold and would request these from the original creditor. Then i received a bunch of copied statements today, no agreement.

[BRIGADIER2JCS]

Then they have failed to comply with the CCA request, so defo in dispute send the letter addressed to their Compliance Manager, by RD.

[Jakey135]

Thanks BRIG, i'm still trying to find my way around the site, can you point me in the direction of the dispute letter ?

[BRIGADIER2JCS]

Go to top of the thread, green tab below ''Banks Credit'' library.

[Jakey135]

Thanks BRIG, i found the letter but as i see it the 12+2 days has not expired as yet, they signed for the letter on the 30 August 2012. Should I still send ?

[BRIGADIER2JCS]

Yes they seem to think they have complied but they have not,if the statements are avilable so should the agreement.

[Jakey135]

Thanks for all your help BRIG, I will send the letter.

[BRIGADIER2JCS]

No problem keep us up to date please!!