Halifax Loan & intrum - now Link - now Statute Barred

[dx100uk]

in E&W yes it does

but bit like not having an enforceable CCA

they cant use the courts

but simply ask for payment.

 

 

dx

[HP Mum]

Evening - Just trying to put a few issues to bed.

My H'fax loan disappeared off my CR file in May.

But I have continued to pay a nominal amount monthly.

The original loan of £25k was taken out in mid 2003.

I have repaid over £24k.

But have not paid the interest added to the loan - which should have been apx 8k.

If it is statute barred now and off my CRA file - can I stop making the nominal payments ? Or can I still be chased?

I am trying to decide if I write to 1st Cred and tell them that I consider the debt cleared....

1st Cred bought the debt off H in July 14. Apx £7k - which is the interest that H never got...

They only just - in April - sent copies of the agreement + my id and all payments I made to H

[dx100uk]

if you've been paying it it cant be SB'd...

 

 

the fact that a debt falls off a CRA file is nowt to

do with state barring whatsoever, or if/if not a debt is then still 'owed'

 

 

dx

[HP Mum]

Thanks

So it was defaulted 6 years ago and I have continued to pay monthly nominal amount which has almost cleared the original loan amount.

Cos I have made these payments it cant be SB.

what would happen if I stop paying the nominal payment ?

Do you think 1st cred honestly expect full payment of an interest payment when the original loan is repaid ?

As I understand from earlier postings,

they can ask for payment but as Default has dropped off the CRA file they cant pursue it through the courts - is that correct?

I cant figure out if I write to 1st cred and say the loan is cleared so please go away

or if I should offer a token settlement ?

[dx100uk]

have you sent the muppets a CCA request?

dx

[HP Mum]

Morning

I have received a letter from 1stcred saying my account "will shortly be passed to their legal department to consider initiating bankruptcy proceedings against me"

I have been paying a nominal amount every month.

It has dropped off my CRA file.

I have paid off all the capital; what remains is the interest amount unpaid - apx £7k.

Should I be worried that they will start court proceedings for bankruptcy?

Thanks....

I haven't done a cca yet.

But now they have sent this threatogram perhaps I should now?????

[dx100uk]

you sent them a CCA last august

they didn't reply

you continued paying...why?

pers until/unless someone sends an enforceable CCA

or an SD [unlikely as they said this 4 times in as many years.]

or a claimform

I'd be stopping all payments and letter tennis

[HP Mum]

hi

1st Cred did reply to my cca request.

In April this year. Post #30 above

I sent it in Aug last year and it took them until April to dig out paperwork

- driving licence/signature / payment history.

They have subsequently been increasing the amount of letters they send me...

Which is why I am a bit nervous about this threatening letter re bankruptcy

[dx100uk]

why have we not seen what they returned as the CCA?

 

for more than 2yrs they been willy waving they are going for an SD.

to date, all they do is continue to willy wave.

 

dx

[HP Mum]

sorry for not posting what 1stCred sent....

 

1st cred sent:

One page entitled Personal Loan Agreement - unsecured.

Credit Agreement Regulated by the CCA 1974.

It had H address and my address.

 

It listed the financial info

- the loan amount,

the charge amount,

the total to pay,

the amount of £s to pay over x instalments,

the APR rate (7.9%) and monthly interest rate (0.639%)

 

It listed a number of conditions and there was a box with my signature and dated (12y ago)

There was a H employee signature also.

 

Interestingly the date is not in my hand-writing.

The date is the same writing for the H employee.

 

The Personal Loan Application Form.

The date is the same as the Agreement and again is in the H employee hand-writing.

I did not agree to Personal Loan Repayment Cover.

 

Passport copy

Driving licence copy

NOA - from H to me, notifying assignment July 2014 to 1stcred.

 

6 pages of Personal Loan Statement

- shows monthly correct payments from the start date of the Agreement as per the docs they sent.

 

2 pages entitled "Pre-Sue".

This says Creditsolve - Live legal report.

It says date placed (last summer)

- and it lists all the nominal monthly payments since mid 2009.

 

Does this alter my situation?

Can they seriously threaten me?

[dx100uk]

we need to see it please

follow the upload

put it in a multipage word doc first.

 

 

dx

[HP Mum]

have uploaded info

 

I scanned as pdf and it is quite big at 1.5mb. I hope it is ok to read?

If there is anything else I should scan, please let me know...

[dx100uk]

and all the t&C's they sent with that CCA?

 

 

 

 

dx

[HP Mum]

None

They sent a statement of what I had paid - which I have left out as it makes me more anonymous.

But no T&Cs.

Is that a problem for them? or me?

[dx100uk]

for them

that makes the CCA return non compliant.

[HP Mum]

Hmmmm

 

do I write and tell them that !

"Thank you so much for what you sent but the package was incomplete and thus non-compliant

- so get back on high horse and forget threatograms about bankruptcy....."

 

That kind of letter ??

[dx100uk]

why enter letter tennis?

 

 

dx

[HP Mum]

do I assume that 1st Cred know they have been non-compliant and are just threatening me emptily??

 

If I don't partake in letter tennis I think I have a couple options:

continue paying a monthly nominal amount

stop paying

 

write and ask for a f&f figure to settle (a small % of what owed)

 

The debt is no longer on my cra - so a f&f low settlement won't show, will it?

 

Thanks

[dx100uk]

so who's getting the payments now?

 

 

dx

[HP Mum]

Actually good point. Bank transfer to Halifax. Never 1stCred.

The statements sent by 1stCred do show these direct payments to Halifax.

Is this an issue, good or bad?

[dx100uk]

pers if they have not sent T&C's then I'd be stopping payment if the debt is now owned by a DCA

and their CA is non compliant

 

 

dx

[HP Mum]

Interestingly I have received another letter from 1stCred.

 

It outlines my agreement to Hal and date of assignment to 1stCred

and then - ironically - lets me know about the convenient payment methods available to me !! (dd, so, online, phone, card, post, web)

 

It then attaches an annual statement - which says "Annual Statement relating to fixed-sum credit agreement".

 

The statement shows the nominal monthly payments made - under the heading 'Description' there is written 'payment to client (purchase)

 

Would be kind of interesting to stop the monthly nominal payments - if I was confident they would not threaten me

 

PS - is there a probable likely reason why 1stCred have not sent the T&Cs ?

Is it because it is so long ago (03) ?

Because Hal won't have kept the pertinent T&Cs for this loan ?

Or just lazy and silly....

[dx100uk]

that's the standard 'statement of account' that the owner of anything related to an account under the 'consumer credit act' must send under the new [apr 2013] FCA rules.

 

nothing to worry about.

 

haliprats prob do not have a copy of the T&C's with your AD on it

 

wait for 1st crapit to get an old copy from their files and mundge it with your address

 

bet they get that wrong for the address at time of take out, and the correctly dated version.

 

dx

[HP Mum]

Well....1stCred are certainly spending many pennies on postage at the moment !

 

Just got another letter.

 

This time they say:

"my account has been passed to their legal dept as I haven't given them an acceptable offer of repayment;

credit bureau info suggesting I have sufficient means to begin repayment of the debt ;

and they say they are unaware of any reason as to how my current circumstances may be affecting my ability to begin repayments".

 

They are giving me another 10 days to respond.

 

Then they "may" issue a 'statutory demand'...

 

despite the advice above saying ignore and don't get into letter tennis

- is it a good idea to remind them that the info they sent was missing required info ???

 

ps - address has been the same all the time

[dx100uk]

no std crap if you read around.

 

 

all design to make you react