Just been served papers by sols acting for 1st Credit (finance)

[Angry Cat]

Re: Just been served papers by sols acting for 1st Credit (finance)

Deny it.

And report First Crud and their drek shysters to Consumer Direct, on 0845 4 04 05 06.

CC, I have already suggested same!

OFT imposes requirements on 1st Credit over debt collection practices - The Office of Fair Trading

[CleverClogs]

Re: Just been served papers by sols acting for 1st Credit (finance)

CC, I have already suggested same!

Yes, but I posted their 'phone number!

[Captain Haddock]

Re: Just been served papers by sols acting for 1st Credit (finance)

Good.

So evidence of subsequent naughtiness by First Crud should result in them being fined or even losing their licence, right?

What might happen, though, is that the slightly ornamental Office of Faffing and Twaddling might ask their directors to stand on the naughty step for a whole five minutes. :rolleyes2:

They derserve to be struck off, those people.

I just wish the OFT would seriously crack down on these firms. Some of the people who work for those DCAs, directors included, are really not very intelligent. I recall seeing a programme on TV about them a few years back. Pathetic. I saw them then as little more than errant children, but this tactic of serving stat demands is the big boys' game. But if you don't get it right - sayonara to your costs and you still have to pay your sols fees, unless they're in cahoots on a NWNF basis!

[Angry Cat]

Re: Just been served papers by sols acting for 1st Credit (finance)

If consumers do not COMPLAIN, nothing will be done;
the OFT are not clairvoyant!

Please, COMPLAIN: Trading Standards in Scotland - SCOTSS

[talktalk]

Re: Just been served papers by sols acting for 1st Credit (finance)

You might be very interested to read this too - http://www.credittoday.co.uk/article...atens-recovery
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Have you tried contacting the Govan Law Centre in Scotland too ? They may well be interested in this....

[labman]

Re: Just been served papers by sols acting for 1st Credit (finance)

You might be very interested to read this too - http://www.credittoday.co.uk/article...atens-recovery
------------------------------- merged -------------------------------
Have you tried contacting the Govan Law Centre in Scotland too ? They may well be interested in this....

Indeed - GLC are excellent:

http://www.govanlc.com/solicitors.htm

[Angry Cat]

Re: Just been served papers by sols acting for 1st Credit (finance)

Govan Law Centre: About

[Captain Haddock]

Re: Just been served papers by sols acting for 1st Credit (finance)

Thanks, Labman and Talktalk. I was not aware of the Credit Today article; bit of a double-edged sword, that one.

Angry Cat - thanks, but I think Govan are pretty busy. I will drop them a line about this, though. I'm really waiting for Experian getting their **se in gear with my credit file to see who owns what before I send the denial off. They're another waste of space.

[Captain Haddock]

Re: Just been served papers by sols acting for 1st Credit (finance)

So, finally I get to look at my credit file and am a bit puzzled. The entry for 1st Crud states that it's a 'bank' account/debt, whereas in fact this was a credit card. Also, how is it proved that they now own it? By virtue of the fact they only appear on the list? The demand definitely states that it has been assigned, therefore as I understand it they cannot pursue me for insolvency, as only the legal owner - i.e., the bank - retains the right to do so, as in para 2 of the link below.

http://www.hmrc.gov.uk/manuals/vatfi...vatfin3215.htm

[CleverClogs]

Re: Just been served papers by sols acting for 1st Credit (finance)

So, finally I get to look at my credit file and am a bit puzzled. The entry for 1st Crud states that it's a 'bank' account/debt, whereas in fact this was a credit card.

This is hardly unknown. It may simply be due to a clerical error, though at least one cynic has been known to wonder if it could be an attempt to use the exemption to overdrafts formerly given by section 74 of the Consumer Credit Act 1974.

Also, how is it proved that they now own it?

They will have a deed of assignment, issued under the Law of Property Act 1925.

By virtue of the fact they only appear on the list? The demand definitely states that it has been assigned, therefore as I understand it they cannot pursue me for insolvency,

Wrong!

as only the legal owner - i.e., the bank - retains the right to do so, as in para 2 of the link below.

http://www.hmrc.gov.uk/manuals/vatfi...vatfin3215.htm

I have read, re-read and re-re-read that link and the pages linked from it, but I cannot see anything that could possibly have given you such a mistaken idea.

If the debt was the subject of only an equitable assignment, then the assignee does not have the right to do much more than ask for the money but, if the debt was the subject of an absolute assignment - as this seems to be - then the new owner has the right to try enforcing the debt how he/she/it/they please - including bankrupting or sequestering debtors.

I'm really waiting for Experian getting their **se in gear

That's curious.

1. What evidence do you have that the staff at Experian share one communal bottom?
2. In what way has their bottom become disengaged?

with my credit file to see who owns what before I send the denial off.

You already know this - it was the firm of parasites who served the SD.

They're another waste of space.

And they also add needlessly to the national carbon footprint.

[Captain Haddock]

Re: Just been served papers by sols acting for 1st Credit (finance)

The served papers state 'assignment', not sale.

Apologies: I meant the 2nd SECTION. In it, it states: 'For purposes of this guidance we distinguish the assignment of a debt from a sale of a debt, in that with an assignment only the equitable interest is passed to the assignee and the assignor retains the legal interest in the debt and any liability to obligations arising from the original contract. Often it will not be possible for the assignee to sell that which has been assigned.'

So, the damnd states 'assigned' and not 'sold'. Or am I again missing something, here?

[CleverClogs]

Re: Just been served papers by sols acting for 1st Credit (finance)

The served papers state 'assignment', not sale.

It's the same thing!

Whether or not there has been an exchange of money or other valuable consideration, the fact remains that an debt allegedly owed to one company has now been absolutely assigned to another.

Now stop faffing around and send off your denial.

[Captain Haddock]

Re: Just been served papers by sols acting for 1st Credit (finance)

Respectfully, how is it the same thing?

They need to prove they own the debt, as far as I see it. How can you be sure the assignment is absolute?

The denial went last week.

[Captain Haddock]

Re: Just been served papers by sols acting for 1st Credit (finance)

I'm really confused. I have just seen a glossary site which lists assignment as 'sale'. So, why does the HMRC differentiate between the two?

Anyway, I have asked them if they own the debt, so let's see what they say.

[Captain Haddock]

Re: Just been served papers by sols acting for 1st Credit (finance)

If consumers do not COMPLAIN, nothing will be done;
the OFT are not clairvoyant!


Please, COMPLAIN: Trading Standards in Scotland - SCOTSS

Done!