1st/Moony PAP Letter of Claim - old BOS OD - now intrum/resolvecall

[BaconMan27]

Hello everyone

 

I've received a letter from Moon Beever Solicitors on behalf of 1st Credit (Finance) Limited for an outstanding Halifax debt of £2,254.03

 

Letter reads as follows

 

"We are instructed on behalf of 1st Credit (Finance) Limited of The Omnibus Building, Lesbourne Road, Reigate, RH2 7JP.

This letter is sent in compliance with the Pre-Action Protocol on Debt Claims ("the Protocol").

It is part of the requirements of the Protocol that we refer you to Annex 1 of the same and supply you with an information sheet and reply form. A copy of Annex 1 and those documents are provided with this letter.

 

Our client has a claim for monies owed on your Bank Of Scotland Plc Bank account reference xxxxxxxxxxxxxx, which was opened on or around 3rd July 2006 ("the Agreement").

 

The account was assigned to our client on 18th November 2013 and a notice of assignment was sent to you on 10th August 2015 confirming our client as the new legal owner.

 

The sums owed to Bank Of Scotland Plc must now be paid to our client"

 

It then goes on to say that I can request a written copy of the agreement (if applicable) which the client will request from the original creditor and send to me upon receipt.

As well as providing as reply form and a income/outgoing form

 

I had some bad credit problems in the past and I understood that they were now statute barred.

This debt doesn't appear on my credit report, which I check every month after being a victim of identity theft.

 

I'm not sure what to do next, so any advice will be gratefully received.

 

Thanks,

 

Al

[basildonbond1946]

Have you paid or acknowledged the Debt within the last six years.

 

If you have not paid or ack the debt it is Statute Barred which means the debt is still there but they cannot take court action to recover debt.

 

They can ask you pay but they cannot harrass you when you have advised them it is SB.

 

Some of the more knowledgeable members will you advise you

[BaconMan27]

As far as i can remember I've neither paid or acknowledged the Debt in the last six years,

as it's not been on my credit report since I started checking it each month i'm assuming it is now SB.

[fkofilee]

Go speak to RBS find out the last payment date...

 

Sorry i mean BOS...

[Bazooka Boo]

You need to check and be sure 100% that this is SB.

[BaconMan27]

OK, is there a standard letter template for things like this?

According to the letter from Moon Beever I've got 30 days from the date of the letter to return the Reply form and the Standard Financial statement back to 1st Credit.

[fkofilee]

NO ring them!

Its DCAs we tell you NOT to ring

[BaconMan27]

OK, i'll give them a call first thing, thanks

[Guest]

if its after 6 years since the default date with no payments/ack's - happy days.

is it re a credit card?

(ps, i know it shouldn't go from the def date, but as has been seen some creds do argue that. and its been in issue in the courts recently apparently)

[BaconMan27]

I don't think it's a credit card,

if I remember correctly it would have been a current account that I had a large overdraft on, as I was a student then.

[Guest]

ok, things may be different re a current a/c, depending on its circumstances.

did they default it. (seems so, in which case the same wld apply. over 6 years since, happy days)

wait see what the guys input also.

[dx100uk]

if the number is not 16 digits its not a card

have you moved since taking this OD out

and are HBOS aware of your current adddress

[BaconMan27]

Yes i've moved 3 or 4 times in the last 10/12 years.

No I don't think HBOS are aware of my current address.

 

It's only 1st Credit/Moon Beever who have contacted me about this and would have got my address from my credit file/Electoral Roll

[dx100uk]

then you MUST reply oneway or the other

else by default you'll get a backdoor CCJ filed to an old address

that's what the phishing letters are about that you've probably had already.

 

HBOS has 24/7 phonebanking

go ring them now and ask last payment date.

 

you really should never run away from debts in the current climate

its getting even easier for debt buyers to get backdoor CCJ's on mostly any consumer debt now.

[BaconMan27]

just got off the phone with HBOS and according to their records the following are linked to me;

 

A card cash account which had a balance added to it of £50.93 on 25/6/2015 (I thought this had been closed a long time ago, so this is a bonus)

 

A current account (which the letter from 1st Credit/Moon Beever is referring to) which according to HBOS was closed on 17/09/2011.

 

The person I spoke to couldn't see any notes about it being assigned to a debt collection agency,

i'm not sure where 1st credit have got the date 18/11/2013 as assignment to them from HBOS.

There was also no notes about the balance at point of closure or a last payment date.

 

They couldn't send me out any information,

I need to speak to Account Services in the morning and they will be able to send me out the information.

 

Where do I go from here?

 

Are 1st credt/Moon just phising on a old SB debt,

hoping that i'll get scared and pay up?

[dx100uk]

its rare for a DCA to go straight in with a PAP letter

have you never received nowt else on this before now?

its statute barred then regardless.

forget the pap forms

send them our SB letter from the debt collection section of our library

[BaconMan27]

I have received letters from 1st credit in the past about this offering me discounts if I pay X amount now and they will forget the rest, TBH I've just ignored them as I thought they were just phishing as I thought the debt was SB.

[dx100uk]

they can still go for a backdoor CCJ regardless to if its SB

as nothing is ever checked no human is ever involved in a default judgement it rubberstamped.

which is why its vitally important to always tell your creditors of an address change.

 

dx

[BaconMan27]

is this the one to use?

http://www.consumeractiongroup.co.uk/forum/showthread.php?387368-Statute-Barred-Letter-**Update-28th-October-2015**

[dx100uk]

its the only one there bar the Scottish one!

[BaconMan27]

OK fantastic, just wanted to make sure . Should this go to 1st Credit or to Moon Beever?

[dx100uk]

the owner

[BaconMan27]

OK, i'll get it fired off to 1st Credit and see what they come back with. Thank you all for the help so far .

[BaconMan27]

i've just got off the phone with HBOS account services who then put me through their collections department 

who confirmed to me that the account in question was closed by them in 2010 and not 2011.

there was a payment made to it on 25/06/2012 (not sure who that was from, it wasn't from me).

They then confirmed that they sold the debt to 1st credit in November 2013.

As I've never acknowledged the debt or made a payment myself

should I send the SB letter or because there was a payment made in 2012 is debt still in force?

[dx100uk]

if the payment wasn't made by you

then its not authorised by you in writing and doesn't count.

 

didn't have any debt management plans with anyone did you?