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

[Captain Haddock]

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

And.... just after getting off the phone to Consumer Direct, a ream of paper has flown through the door. The sols have included a letter of assignment from the bank, which, to be fair I think I may have seen in the past. The other letters purportedly sent by 1st credit/connaught I have never seen, at all.

Anyway, they've attached an agreement that does not have my signature on it, and relates to no account!But they have attached an application form that has my signature, though this again relates to no account!

Sols covering letter advises court prodeedings in the offing.

[Captain Haddock]

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

Any further advice? I am sure they will now press ahead, even though the T&Cs are not anywhere near my signature and that they only supplied and application form with a signature; the T&Cs are separate and do note contain my signature.

Thought about defending myself but have never done so before and am wary of being tripped up by Crud's sols.

[Captain Haddock]

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

If this goes to court - and I think this lot fancy their chances despite the right royal mess mess of both agreement and supplied documents - am I just left to defend myself against the insolvency/debt or can I use the opportunity to go after Crud and its ratbag sols?

[Captain Haddock]

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

So, all quiet on the western front. I have heard nothing from the ratbags nor the courts, though I guess there is still time. Anyway, on the advice of the Scottish Legal Complaints Commission, I fired off a letter of complaint to the ratbags about their conduct in relation to the serving of the stat demand and events prior to that. Also DSAR'd them, as well. They're probably following this but I no longer care.

I will update this after the ratbags respond. If they ever do.

[Captain Haddock]

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

These clowns have just denied to supply any info under DSAR, citing 'legal professional privilege' and 'duty of confidentiality to client'. Can these dogs do this?

[teaboy2]

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

Would love to know how they think anything pretaining to you and/or contains your personal data is "legal professional privilage" as they will find legal privilage is for privilaged documents only. As for confidentiallity of their clients, well they are require to remove such information from such documents, though account details, and any notes placed manually or automatically regarding you account should not be.

I think they are thinking your after copies of communications between them and their clients which is protected under legal privilage, when truth is you just want copies of documents they have containing your personal data and connected to the account, not any direct communication between them and the client.

Personally i would write back to them reminding them that you simply seek copies of documents pretaining to the alleged account, default notices, and true copy of the originally signed agreement/contract, along with copies of all notes and manual interventions and phone recordings pretaining to your account that contains your personal data and that therefore you are not wanting or interested in what communications they have between themselves and their client. Remind them it is an offense to if they fail to comply with your subject access request. Also remind them that section 7 (4) of the data protection act 1998 does not apply to their cleint as their client is not an individual but a company.

You may also want to remind them of section 15 of the act, granting the court the power to inspect such documents that they have refused to provide to the data subject and to question the logic as to why they refused etc.

[Captain Haddock]

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

Thx, Teaboy2. I am abroad at the moment but will see if I can get a copy sent to me of what I sent to them. They've already supplied me with CCA stuff. Will wait until I see my letter again.

[Captain Haddock]

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

I think I did ask them for, amongst other things, details of corresp between them and their client. But do remember: the sol sent the CCA paperwork AFTER sending me the stat; I had received nothing beforehand regarding this account.

[Captain Haddock]

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

So, I am back home and have read the sols letter again. It also attaches a 'default notice'. Now, what is odd about all this is that it is dated May 2012 and has been signed by a partner in the legal firm acting for 1st Crud. Why is the sol sending out a default notice when the bank served its own several years ago? I think they have tripped themselves up and noticed that they did not have and supply me with a copy of the original default notice and have issued this one as their letter states:-

'This notice should also be understood as terminating the agreement notwithstanding notice of termination and a previous default notice may have already been served.'

Apart from trying to cover their a***, should not the original default suffice? Furthermore, I have not made any agreement with 1st Crud nor its sols so I find this all a bit odd. There are also the usual pleadings for payment and threats included in this missive.

[miliitant]

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

This notice should also be understood as terminating the agreement notwithstanding notice of termination and a previous default notice may have already been served.'


interesting comments

are they now saying the creditor assigned a live account to ist crud

did you get a termination and default notice from the original creditor prior to 1st crud
have you sent an subject access request to the original creditor to see if they have a default notice and termination notice on file

a credit account can only be defaulted once and by the original creditor

[Captain Haddock]

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

The account was sold to 1st Crud. It took me a while but, yeh, I did find the orginal default notice and sale of the debt to 1st Crud. The OC account was put on hold as the T&Cs were incorrectly set out and the docs supplied didn't even link me to the account in question! What fools!

I decided to DSAR the sol and got FA back. Way back in February, after they had served the stat notice, they voluntarily sent a ream of correspondence - some of which I truly didn't recall seeing nor had copies of - that one would expect after enforcing CCA.

'a credit account can only be defaulted once and by the original creditor' - that's what I thought. So, wonder what their little game is. And why is a solictor's office issuing and signing another default notice?

[miliitant]

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

i would be checking if the solicitors office had a consumer credit licence as well to issue default notice under s.87 (1) of the cca 1974

where are you at with the stat demand

have you done the affi davit yet

[Captain Haddock]

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

I will check as you suggest though this crowd have some form up here in Scotland, it appears. Am intent on causing them a bit of bother.

Affidavit? I presume you mean the denial letter? The denial was sent well within period allocated. Since then, more threats and this odd default notice.

[miliitant]

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

after an application (statutory demand) has been served on the debtor, the debtor then has 21 days to set aside the application using forms 6.4 and forms 6.5

http://www.insolvency.gov.uk/pdfs/forms/6-4.pdf

http://www.insolvency.gov.uk/pdfs/forms/6-5.pdf

if this is not done the creditor can petition for bankrupcy

most dca use these as threats to get the debtor to contact them and never have the intention to follow through but they should never be ignored and get them set aside with a cost order

my applologies but i am not up to scratch on scottish law

[Captain Haddock]

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

I'm aware of all you kindly set out.

Just used the OFT site to see if the sols have a CC license. Site threw up nothing on my search but a quick call says they do. Anyway, I have never heard of a second default letter being issued. Time to CCA 1st Crud.

And, fwiw, the sols did not include set-aside in their stat demand!