1st Credit now claiming old HSBC loan

[wesd25]

So here we go again..

I had a loan with HSBC that got stuffed up by their over zealous charges during a rough patch that compounded my debt to them. After trying to get them to see sense, I stopped paying them anything to break the cycle of debt and changed bank accounts. They tried and failed to get anything out of me as I wasn't going to pay them anything until they returned over £1k in charges over a 6 month period (I now note that there was a court case for similar circumstance recently and the bank lost..). So this, and everything I had with HSBC, was in dispute for too long but as we all know, HSBC are above the Law and can get away with whatever they like when they want to put their customers in a position where they cannot pay for their obligations in order to charge extortionate charges and then hold them to ransom because they make more money that way, instead instead of working with them..

So I received a letter from 1st Credit dated 17th September 2014 stating that HSBC had sold this account to them on 4th September and that the full outstanding balance was now due. The envelope also contained a letter claiming to be from HSBC confirming that they had sold the account to 1st Credit.

Whilst it looks a little more convincing that the letter I received from MKDP about my credit card and personal account, I'm still sceptical, is it normal for letters claiming to be from HSBC to arrive in the same envelope as the 1st Credit intro letter?

Fast forward to 24th September (only 1 week later) and they send a letter inviting me to contact them to agree payment terms. These letters look like they are all computer generated. As HSBC put me in a position where I couldn't pay for this debt in the first place and refused to work with me so that I could pay it back, there is no way in hell that I will be agreeing to pay anything to this company.

And today, just one more week later, I received a letter (dated 1st October) now threatening County Court Proceedings, just 2 weeks after sending the original letter. It threatens that they will claim for extra fees as well as threatening application for attachment of earnings (I'm self employed), seizure of assets (haven't got any) and a charge against my property (rented).

This loan was unsecured, and my whole account was in was in dispute. I don't quite see how 1st Credit think they have a leg to stand on when HSBC put me in a position where I couldn't pay for this in the first place..

I'm assuming I need to CCA them before they try and take me to court for this. I'm about to go to court against MKDP at the end of the month too, which I really don't have time for..

Just reading through the Debt Purchasing and Assignment page here and there is a mention on the Court threat letter I received today that theie client is HSBC, so this is a little confusing. On the one hand they have claimed to have purchased and been assigned the debt, on the other hand, they state that the client is HSBC..

Anyway, back to the CCA, I'm assuming that I send them a CCA plus the fee to see the agreement?

I can't stand these parasites, they should all be shut down..

Dan

[FlamingParrot]

Re: 1st Credit now claiming old HSBC loan

I had a loan with HSBC that got stuffed up by their over zealous charges during a rough patch that compounded my debt to them. After trying to get them to see sense, I stopped paying them anything to break the cycle of debt and changed bank accounts. They tried and failed to get anything out of me as I wasn't going to pay them anything until they returned over £1k in charges over a 6 month period (I now note that there was a court case for similar circumstance recently and the bank lost..). So this, and everything I had with HSBC, was in dispute for too long but as we all know, HSBC are above the Law and can get away with whatever they like when they want to put their customers in a position where they cannot pay for their obligations in order to charge extortionate charges and then hold them to ransom because they make more money that way, instead instead of working with them..

Not just HSBC, banks in general operate this way. :mad2: :mad2:

So I received a letter from 1st Credit dated 17th September 2014 stating that HSBC had sold this account to them on 4th September and that the full outstanding balance was now due. The envelope also contained a letter claiming to be from HSBC confirming that they had sold the account to 1st Credit.

Whilst it looks a little more convincing that the letter I received from MKDP about my credit card and personal account, I'm still sceptical, is it normal for letters claiming to be from HSBC to arrive in the same envelope as the 1st Credit intro letter?

Looks like they often do that, you're not the first one to say that. :ohwell:

[FlamingParrot]

Re: 1st Credit now claiming old HSBC loan

And today, just one more week later, I received a letter (dated 1st October) now threatening County Court Proceedings, just 2 weeks after sending the original letter.

Could you post up the letter you received, removing all personal details? :typing:

It threatens that they will claim for extra fees as well as threatening application for attachment of earnings (I'm self employed), seizure of assets (haven't got any) and a charge against my property (rented).

This is standard templated waffle, even if you were employed and owned your home, they still couldn't do any of these things without obtaining a CCJ to start with, THEN applying to the court to enforce it in the ways described. It wouldn't happen overnight! :mad2: :mad2: :mad2:

I'm assuming I need to CCA them before they try and take me to court for this. I'm about to go to court against MKDP at the end of the month too, which I really don't have time for..

Just reading through the Debt Purchasing and Assignment page here and there is a mention on the Court threat letter I received today that theie client is HSBC, so this is a little confusing. On the one hand they have claimed to have purchased and been assigned the debt, on the other hand, they state that the client is HSBC..

Anyway, back to the CCA, I'm assuming that I send them a CCA plus the fee to see the agreement?

Yes, good idea, send it recorded delivery and sign it digitally using a computer font. :thumb:

I can't stand these parasites, they should all be shut down..

[righty]

Re: 1st Credit now claiming old HSBC loan

You say 'old loan" How old & when did you last make a payment??

[wesd25]

Re: 1st Credit now claiming old HSBC loan

Thanks for your replies FlamingParrot and righty..

Firstly, the last payment was made about 3 years ago when HSBC stitched me up..

Secondly, I want one of these for obvious reasons! HSBC

Thirdly, I'm going to hopefully insert the letters here..

Hmm, how do I add an image, it wants an image from a URL.. Do I upload them first?

[Amethyst]

Re: 1st Credit now claiming old HSBC loan

This might help with the documents - http://www.legalbeagles.info/forums/...r-details-safe!)

[wesd25]

Re: 1st Credit now claiming old HSBC loan

Thanks Amethyst.. Here are the letters..

[wesd25]

Re: 1st Credit now claiming old HSBC loan

They are very quick to send these letters out.. And they always seem to send them second class post on a Friday so that they only arrive on the following Tuesday, giving no time to do anything. I guess that is their way of instilling some sense of urgency to these things..

I'm going to prepare the CCA to send out to them on Monday to arrive Tuesday recorded delivery...

[FlamingParrot]

Re: 1st Credit now claiming old HSBC loan

They are very quick to send these letters out.. And they always seem to send them second class post on a Friday so that they only arrive on the following Tuesday, giving no time to do anything. I guess that is their way of instilling some sense of urgency to these things..

The first two just refer to the assignment, legally they are obliged to send you those to show they are the new owners of the account. The third one is an attempt to get you to ring them. :nono: On the fourth one they are stepping up the pressure but I wouldn't say that constitutes a letter before action as such, it's more of a scare-o-gram. I also got the full set from 1st Crud a few years ago.
The reason I asked you to post up was to see if there was an actual letter before action that would need a suitable response but that's not the case. Those would normally be sent by a firm of solicitors.

I'm going to prepare the CCA to send out to them on Monday to arrive Tuesday recorded delivery...

Good idea, :clap2: that way once the 14 days are up, if they contact you again you can tell them the account is in dispute till they respond to your CCA request. :thumb:

Do post up if you hear anything else. :typing:

[wesd25]

Re: 1st Credit now claiming old HSBC loan

Thanks for your assessment FP..

I seem to remember receiving similar letters from MKDP before a letter from their solicitor that turned into attempted legal action..

Not to mention the daily phone call on both my home and mobile phones, plus voice message and text message asking me to call them.. Where do you draw the line between trying to contact someone and harassment..?

[FlamingParrot]

Re: 1st Credit now claiming old HSBC loan

Thanks for your assessment FP..

I seem to remember receiving similar letters from MKDP before a letter from their solicitor that turned into attempted legal action..[/QUOTE]If you receive one of them, do post up as soon as you can, there's a letter you have to send in response. It helps that you have already sent the CCA request. :thumb:

Not to mention the daily phone call on both my home and mobile phones, plus voice message and text message asking me to call them.. Where do you draw the line between trying to contact someone and harassment..?

You should keep a detailed log of the calls, you may want to look at this: http://www.legalbeagles.info/forums/...om+harrassment

http://www.bailii.org/ew/cases/EWCA/Civ/2013/882.html

Following the brilliant result in Roberts v Bank of Scotland PLC [2013] EWCA Civ 882

Ms Roberts brought a county court claim for harassment following 6 months of telephone calls at a rate of approx 3 per day.
She won the Bank then appealed and lost badly Giving all consumers a nice Court of Appeal binding precedent of £7500 damages for the level of harassment she experienced.

This result is HIGHLY significant to anyone receiving intrusive levels of phone harassment for debts. Basically, once you tell them you don't want the calls, they can only resort to legal proceedings to 'encourage' payment. Telephoning you night and day is simply NOT acceptable.

[wesd25]

Re: 1st Credit now claiming old HSBC loan

£7.5k would do very nicely right now! 1st Credit do seem to be a bunch somewhat persistant little parasites, they sent me an email for the first time yesterday too..

I ended up sending the CCA off today so it should arrive tomorrow..

In the meantime, I've just checked my equifax account and MKDP LLC seem to have entered defaults for the my credit card and personal account under their name that I had with HSBC despite not proving that they have any valid claim to them.. I'm in the middle of preparing my defence for the personal account case at the end of the month now..

Really don't need all of this..

[Kafka]

Re: 1st Credit now claiming old HSBC loan

When a firm buys a defaulted account they become the new Data Controller, responsible for reporting account data to the CRAs. They will appear as the owner, regardless of whether they defaulted it or if it was already defaulted before they bought it.

[sugarcane]

Re: 1st Credit now claiming old HSBC loan

Thanks Amethyst.. Here are the letters..

Hi
I'm in a similar situation as you (HSBC mastercard) and got those letters too from 1st credit. I thought they were being very unfair and asked them to stop threats of litigation so soon and with no apparent paperwork.

I complained to the Credit Services Association and this is part of the response with reference to their heading of court proceedings:
I do believe that consideration should be given to re-phrasing the statement,as well as re-positioning it on the the letter. I have highlighted this to 1st Credit, explaining that it does not help support their message of being "here to help" if they are immediately setting out the potential consequences of non-payment. I have encouraged 1st Credit to review this particular approach, specifically the phrasing and positioning of the statement "County Court Proceedings Are Being Considered".
Daniel Spenceley
Compliance Manager

It would appear that 1st Credit has taken no notice of this and it may be worth a letter/phone call/email to him. He was actually very helpful.
A letter of complaint to the Compliance director 1st credit Robert Kingdon may also be useful.
Just thought I'd share this.
Good Luck.

[wesd25]

Re: 1st Credit now claiming old HSBC loan

Hi sugarcane..

Thanks for sharing this.. I'm sure I'll receive their next letter any day as there has been only 5 days since their last letter.. Perhaps a mention about their regular frequency as well as the numerous attempts to contact me which, as FlamingParrot has highlighted, could border on harassment..

I'll see what they say as a result of my CCA. If they reply stating that they don't have the documents to prove that they have a valid claim then I will question why they are pursuing me via the Credit Service Association.. I'm assuming that you sent them a copy of the letters with your complaint.. Maybe I should pose the question to the FOS too..

Perhaps I should send off a letter to them and complain about MKDP LLP, as they have pushed me into court next week without providing the documents required by a CCA..

Thanks for the heads up though..

Hi
I'm in a similar situation as you (HSBC mastercard) and got those letters too from 1st credit. I thought they were being very unfair and asked them to stop threats of litigation so soon and with no apparent paperwork.

I complained to the Credit Services Association and this is part of the response with reference to their heading of court proceedings:
I do believe that consideration should be given to re-phrasing the statement,as well as re-positioning it on the the letter. I have highlighted this to 1st Credit, explaining that it does not help support their message of being "here to help" if they are immediately setting out the potential consequences of non-payment. I have encouraged 1st Credit to review this particular approach, specifically the phrasing and positioning of the statement "County Court Proceedings Are Being Considered".
Daniel Spenceley
Compliance Manager

It would appear that 1st Credit has taken no notice of this and it may be worth a letter/phone call/email to him. He was actually very helpful.
A letter of complaint to the Compliance director 1st credit Robert Kingdon may also be useful.
Just thought I'd share this.
Good Luck.