Legality- On Consumer credit Licence

[Amethyst]

Re: Legality- On Consumer credit Licence

Think you want this bit - shows licence granted to RFH in 2003, then was varied in 2004 to change to Merit finance. Sorry for formatting!

So they only let you know in August 2003 cause their licence wasnt granted till then. They must have been buying up debts in advance of getting their licence so they could get straight in with the collecting when it was.

If they collected from you before July 2003 then they werent licenced and that would be a problem. Doesnt matter if they were licenced or not when they bought the debt.

Licence Details:


Licence/Application Number Licence Status Applicant/Holder Name 0541569 Lapsed on 15/08/2008 Merit Finance Limited Event Details:


Event TypeDate of ReceiptClosed DateStatus Notification 01-Jun-2006 05-Jun-2006 Completed Notification 10-Dec-2004 10-Dec-2004 Completed Notification 06-Oct-2004 07-Oct-2004 Completed Variation 01-Oct-2004 03-Nov-2004 Completed New Licence App 17-Jul-2003 14-Aug-2003 Completed



Event Number Event Type Date of Receipt Closed Date Status 1 New Licence App 17-Jul-2003 14-Aug-2003 Completed Licence Event Details:

RoleName LICENSEEMerit Finance Limited OfficerLinda Marie Gills OfficerRonald Francis Higgins
Address TypeAddress Principal Place Of Business154A, Fleet Road, Fleet, Hants, GU51 4BE Registered Office154A, Fleet Road, Fleet, Hants, GU51 4BE

Categories:

Category Consumer credit Consumer hire Credit brokerage Credit reference agency Debt adjusting/counselling Debt collecting
Canvass Off Trade Premises Details:

With the right to canvass off trade premises for debtor-creditor-supplier agreements or consumer hire agreements.

Event Details

Licence Details:


Licence/Application Number Licence Status Applicant/Holder Name 0541569 Lapsed on 15/08/2008 Merit Finance Limited Event Details:


Event Number Event Type Date of Receipt Closed Date Status 2 Variation 01-Oct-2004 03-Nov-2004 Completed Licence Event Details:

RoleNameAction LICENSEE Merit Finance Limited Added LICENSEE RFH Ltd Removed
Address TypeAddressAction Principal Place Of Business154A, Fleet Road, Fleet, Hants, GU51 4BEAdded / Retained Registered Office154A, Fleet Road, Fleet, Hants, GU51 4BEAdded / Retained

[Caspar]

Re: Legality- On Consumer credit Licence

Thanks Ame! The main issue now then is that you have stated in an earlier post that you have been paying this debt reliigiously for 10 years and never missed a payment. Before 2003 to whom were you paying the debt? This would seem now to be the crux issue in whhether or not you have any case.

[The Tinkerman]

Re: Legality- On Consumer credit Licence

Exactly my sentiments

To whom have I been paying this debt?


Well I've always paid it to the Solicitor Chivers Easton Brown since the judgement!

Didn't know Jack about the first sale of assignment from Imperial Consolidated Financiers Limited to Orion Asset Finance Limited / ICF Loans Limited up to Merits Witness Statement, and that is fishy enough looks like thy sold it to the same company although according to company house they are two separate companies?

Then you have the second assignment a letter from Facility Trading Services Limited but only received it in August 2003, where they informed me that the sale had actually taken place on the 1st of October 2002 as follows:
“We act on behalf of RFH Limited who has instructed us with regards to your default under the loan agreement entered into by you with Imperial Consolidated Financiers Limited.

Take note that by assignments dated 1st October 2002 ICF Loans Limited assigned to RFH Limited absolutely all amounts due under this agreement & our client is now entitled to the sum due and outstanding and they have retained the same solicitor and my monthly payments should carry on going to the solicitor.

So you would assume by that RFH Limited have been taking my payment since the 1st October 2002 as my payments must have been going somewhere?

I did bring this up with the Judge at my last hearing regarding my payments and how I was not aware of my payments either going to Orion Asset Finance Limited / ICF Loans Limited on the first assignment and neither was I aware that my payments were going to RFH Limited from the 1st of October 2002 up until August 2003 on the second assignment,

and all he could say to that was "Well you can more or less have your payments back for those periods" but the debt still stands and Merit can still collect it plus £10,000 worth of statutory interest, but nothing about the fact that they both have been collecting this debt illegally and adding statutory interest when there was nothing appertaining to that either on the original judgement or there Particulars of Claim?


Like I stated on a previous thread of mine I have read so many posts recently where basically the Judge has either ignored what the defendant has had to say, even when the law states otherwise, not give you the opportunity to fully state your case, or just wants to get it over and done with asap with 99% of the time the Claimant coming out on top when it seems unjustified using let’s just say (TACTICS) and from the experience I have had so far I get that gut feeling as well.

[Caspar]

Re: Legality- On Consumer credit Licence

I'd be inclined to ask the solicitors for a breakdown of what you've paid, what you still owe and to whom the money has gone. You may need to do this via an SAR.

The other thing that springs to mind is do the solicitors have a CCL as surely it could be argued they are receiving payment for debts. Unsure about the situation with judgments.

You definitely need a clear picture of what you've paid to the solicitors, what you still owe and what they have done with the money. The only way you're going to find this out is by contacting the solicitors.

I honestly think given the muddled position and endless change of names etc.... clarification is the way forward so you know where you stand.

[The Tinkerman]

Re: Legality- On Consumer credit Licence

I did SAR them and all I got back regarding the payments was a list as long as my arm dating back to the Original Judgement but nothing to show who the payments went to.

But like I said the Judge didn't seem bothered about that anyway, do you think I should CPR their Solicitor for disclosure of who my payments have gone to and if so what will it achieve in light of what the judge said anyway.

I've already CPR them to disclose a copy of the first assignment (WHICH I KNEW NOTHING ABOUT) that they stated I have had in their witness statement but they have not got one!!! would have thought they would have needed that themselves in order to buy it and to prove the first assignment was done legally, funny how they sent just about everything else appertaining to the first sale apart from the assignment notice that I should have received a copy of which I never did.

Furthermore how can Merit state in their witness statement that I received a copy of the first assignment notice when they have not got a copy themselves?

[Caspar]

Re: Legality- On Consumer credit Licence

If you phoned the solicitors (you must have built up a reasonable relationship with them after 10 years of not missing a payment) could you explain your dilemma and ask them to break down who your payments have gone to. Obviously state you're willing to pay a reasonable fee to cover their costs or could pop in to collect it if a local firm.

One way or another you need to find out.

If I go silent on this post I'm not ignoring you - off in motorhome for 10 days tomorrow and will have very limited reception up in the Welsh mountains. Will try to get on at some stage if I can, otherwise will catch up a week on Sunday! Good luck.

[The Tinkerman]

Re: Legality- On Consumer credit Licence

Cheers Caspar

Have a good time in Wales, took the family their to a farmhouse near Conway in the summer had a great time.

[Caspar]

Re: Legality- On Consumer credit Licence

Managed to get reception for a while - any news yet?

[The Tinkerman]

Re: Legality- On Consumer credit Licence

Hi Caspar

Hope ur enjoin your jollies


they state already had them in my SAR, explained but it does not tell me whom the payments have gone to, apparently that is all I am getting, never had the need to ring them before and if their letters are anything to go by now I know why!

Think a CPR31.16 request is my next step.

Still worrying though about the Judges comments that if the payments have been going to these DCA illegally for a period of time for no proof of assignment on the first sale to the DCA and the second DCA because the did not have a CCL for the 1st year of collection and that all he would do is refund the money which wont amount to much anyway and that is ALL he will do?

but the proceeding will carry on regardless!!!!


Surprised you got a reception as we could not get one all the time we were in Wales.

[Caspar]

Re: Legality- On Consumer credit Licence

It's coming and going! Going to give up soon! Glad it's moving in the right direction, keep us updated!