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

[berniel]

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

A SAR would give you everything they have to rely on, including, possibly importantly, how you and they have two different figures for the debt owed.

Proof of ownership would come later, if they did actually pursue through court, under The Rules of Disclosure CPR31 you can force them to show the Deed of Assignment itself.:beagle:

I am not sure if the CPRs apply to bancruptcy petitions Labman, also not sure they apply north of the border. DPA requsts do of course

Bernie

[Angry Cat]

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

National Debtline Scotland | Debt Advice | Factsheet 05 What Happens When A Creditor Takes Court Action Against You

Suggest that you telephone the above!

[labman]

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

Spot on Bernie. Would the following fit do you think, taken from the Scots Rules of Court:

Lodging of documents founded on or adopted
27.1.-(1) Any document founded on by a party, or adopted as incorporated, in his pleadings shall, so far as in his possession or within his control, be lodged in process as a production by him-
(a) when founded on or adopted in a summons, at the time of lodging the summons for calling;
(b) when founded on or adopted in a petition, note, application, minute, defences, counterclaim or answers, at the time of lodging that writ; and
(c) when founded on or adopted in an adjustment to any pleadings, at the time when such adjustment is intimated to any other party.
(2) Paragraph (1) shall be without prejudice to any power of the court to order the production of any document or to grant a commission and diligence for recovery of it.
Consequences of failure to lodge documents founded on or adopted
27.2. Where a party fails to lodge a document in accordance with rule 27.1(1), he may be found liable in the expenses of any order for the production or recovery of it obtained by any other party.

[Captain Haddock]

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

CPR13 not relevant in Scotland, though correct me if I'm wrong.

This morning, I've been through all the old stuff, from 2008 onwards. There is a ,mention by HBOS that they may pass the account to a collection agency which was their in-house agency, Blair, Oliver and Scott.

After CCAing them and them providing paperwork that had differing account numbers and no T&Cs attached, BOS eventually ceased dealing with me and then I had a slew of DCAs over the years. At no time was I informed of the debt being passed on or sold. They must have a document stating such, either from HBOS or the other DCAs.

[Angry Cat]

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

What to do if you are served with a statutory demand | business.scotland.gov.uk

[Captain Haddock]

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

Thanks, Angry Cat.

Again, there is no mention of 'set aside' in the Stat Demand I have received; should there have been?

[Captain Haddock]

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

And thanks to Labman as well.

Contacting Experian to see owns what on my file.

[Captain Haddock]

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

Spot on Bernie. Would the following fit do you think, taken from the Scots Rules of Court:

Lodging of documents founded on or adopted
27.1.-(1) Any document founded on by a party, or adopted as incorporated, in his pleadings shall, so far as in his possession or within his control, be lodged in process as a production by him-
(a) when founded on or adopted in a summons, at the time of lodging the summons for calling;
(b) when founded on or adopted in a petition, note, application, minute, defences, counterclaim or answers, at the time of lodging that writ; and
(c) when founded on or adopted in an adjustment to any pleadings, at the time when such adjustment is intimated to any other party.
(2) Paragraph (1) shall be without prejudice to any power of the court to order the production of any document or to grant a commission and diligence for recovery of it.
Consequences of failure to lodge documents founded on or adopted
27.2. Where a party fails to lodge a document in accordance with rule 27.1(1), he may be found liable in the expenses of any order for the production or recovery of it obtained by any other party.

Can that be explained in plain English?:tinysmile_kiss_t4: Anyone?

[Angry Cat]

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

Debt advice for Scottish residents - Introduction to sequestration

[shell]

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

You need to let the DCA and court know this account is in dispute first of all. Hopefully that will slow things down for now. Then you need to do a DSAR. If no signed CCA appears with the DSAR then the account is permanently in dispute until all documents are supplied. I would also then threaten to report them for not supplying all documentation you have asked for. If they don't then send the CCA, report them. You also then inform them by registered letter that the account is in dispute until such time as all documentation requested is supplied and as such you will consider any activity by DCA's as harassment on their part.

[bluebottle]

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

Try asking for Certified Copies of the original agreements. A legal professional will know what that entails. ON NO ACCOUNT TELL A DCA WHAT A CERTIFIED COPY IS. If they don't know, tell them to seek professional legal advice. In simple terms, a Certified Copy is, basically, a photocopy of the original documents, endorsed with a statement, either handwritten or stamped on, signed and dated in ink by a person authorised to do so. In my opinion, it's the only safe way of knowing whether a debt is genuine or not and whether liability for the debt can be attached to you. Call me a cynical ex-copper if you like, but my view of reconstructed and reconstituted agreements is that they should be viewed with healthy suspicion and scepticism. A Certified Copy protects ALL parties involved.

[Captain Haddock]

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

I have received nothing - yet - from the courts but I will bear in mind what has been said.

I am curious about the Solicitors' lack of mention of set-aside, which they should mention in their letter of procedure, no? Isn't that a bit dodgy, leaving that out?

I have continued to pay off debts that I recognise as being properly constituted but not the converse. As to the latter, I have dealt with DCAs in the past and treated them like the vermin they are. I am reluctant to post anything further until I get my first letter off as I know these animals have lackeys who surf this site.

Gimme a few days and I'll post back.

[CleverClogs]

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

There is no provision for set aside in the document I have been handed, only the instruction to deny the debt (or pay it or any part of it to the creditor), accept the debt and pay it or do neither of those and be made bankrupt!

So, do I send back the denial slip and a letter citing history of the account or..?

Deny it.

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

[CleverClogs]

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

The amount on the Stat Demand from the solicitor is incorrect. I think I have them on that, anyway, without resorting to proof of ownership, posession of CCA and the fact that their client has a record of abusing the Stat Demand and has ideed been reprimanded by th OFT because of this.

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:

[Captain Haddock]

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

Am holding off on letter until I see my CF but two significant F-ups by the sols and/or the DCA will see this blown out of the water. I cannot say anything else at this stage since the scumbags will be raking 1st Crud threads to gain info. As soon as the denial and covering letter have been signed for I will post it. All I can say is that figure is incorrect and bears someone elses name.