Halifax and 2 DCA's

[Spellkaster]

I have 2 debts with Halifax.

A credit card debt which started in September 2006. Passed onto Moorcroft Debt Recovery Limited.

A personal loan taken out online in 2011 passed onto Wescot Credit Services Limited.

I need some advice.

I have asked both Moorcroft and Wescot to show how their client has passed on them debts for collections.

Moorcorft are claiming they have not purchased the debt. Wescot have not said.

I have asked for a Deed of Assignment and other documents.

Both Moorcroft and Wescot have not replied with the documentation.

Moorcroft did an unauthorised credit search on my Noddle file which they have refused to remove.

Wescot did 2 unauthorised searches and agreed to remove them when challenged.

How do I get these 2 off my back, the OC is aware I cannot pay due to being on benefit and they know I am registered disabled and classed as vulnerable.

[nemesis45]

Re: Halifax and 2 DCA's

I have 2 debts with Halifax.


A personal loan taken out online in 2011 passed onto Wescot Credit Services Limited.

I need some advice.

I have asked both Moorcroft and Wescot to show how their client has passed on them debts for collections.

Moorcorft are claiming they have not purchased the debt. Wescot have not said.

I have asked for a Deed of Assignment and other documents.

Both Moorcroft and Wescot have not replied with the documentation.

Moorcroft did an unauthorised credit search on my Noddle file which they have refused to remove.

Wescot did 2 unauthorised searches and agreed to remove them when challenged.

How do I get these 2 off my back, the OC is aware I cannot pay due to being on benefit and they know I am registered disabled and classed as vulnerable.

Ok Wescot first: Is this debt showing on your credit files? You can check Noddle online Free.
This will show which company now owns the debt.

Morecroft are I suspect collecting on behalf of it's principal.
Again credit file check will confirm,

As to the document requests:

1. The Deed of Assignment is the contract between the original creditor and the debt purchaser,
and is considered a confidential commercially sensitive document even if one was disclosed it is
of little or no value to you as contains details of many thousands of other debts and would therefore
be extremely heavily redacted.

You would have received notices of the assignment from the original creditors and / or the debt purchasers?
Searches of credit files are not unauthorised the debt purchaser inherits the right from the original creditors
agreement.

Both debts have been sold by the OC's and no information about your health or income will have been passed
to the debt purchasers.
Theses companies have no obligation to provide and documents, you can request copies of the agreements for
these debts by making a CCA request for a copy of the agreement, there is a £1.00 statutory fee for each request.
The time scale for response is 12 + 2 working days.
nem

[Spellkaster]

Re: Halifax and 2 DCA's

Ok Wescot first: Is this debt showing on your credit files? You can check Noddle online Free.
This will show which company now owns the debt.

Morecroft are I suspect collecting on behalf of it's principal.
Again credit file check will confirm,

As to the document requests:

1. The Deed of Assignment is the contract between the original creditor and the debt purchaser,
and is considered a confidential commercially sensitive document even if one was disclosed it is
of little or no value to you as contains details of many thousands of other debts and would therefore
be extremely heavily redacted.

You would have received notices of the assignment from the original creditors and / or the debt purchasers?
Searches of credit files are not unauthorised the debt purchaser inherits the right from the original creditors
agreement.

Both debts have been sold by the OC's and no information about your health or income will have been passed
to the debt purchasers.
Theses companies have no obligation to provide and documents, you can request copies of the agreements for
these debts by making a CCA request for a copy of the agreement, there is a £1.00 statutory fee for each request.
The time scale for response is 12 + 2 working days.
nem

I have never received notice of the assignment from the original creditor when the debts were passed out to these 2 DCA's.

Moorcroft have said they have not purchased the debt only acting to collect.

Wescot have not said either.

If both DCA's continue to chase and I have not received a notice of the assignment from the oc what can I do?

[nemesis45]

Re: Halifax and 2 DCA's

I have never received notice of the assignment from the original creditor when the debts were passed out to these 2 DCA's.

Moorcroft have said they have not purchased the debt only acting to collect.

Wescot have not said either.

If both DCA's continue to chase and I have not received a notice of the assignment from the oc what can I do?

If you didn't receive NOA's how did you find out about Wescot and Moorcroft?

nem

[Spellkaster]

Re: Halifax and 2 DCA's

If you didn't receive NOA's how did you find out about Wescot and Moorcroft?

nem

They sent me a letter of demand for payment!!

[Debt Camel]

Re: Halifax and 2 DCA's

when did you last make payments to either of these debts?

what makes you think the debts have been sold? what does your credit record show?

why do you say you are vulnerable? NB I'm not disputing that you are, just asking.

[Spellkaster]

Re: Halifax and 2 DCA's

when did you last make payments to either of these debts?

what makes you think the debts have been sold? what does your credit record show?

why do you say you are vulnerable? NB I'm not disputing that you are, just asking.

I was paying into an IVA but I cancelled this in July 2015.

When I got a demand for payment via Moorcroft they said they hadn't purchased the debt were only collecting.

Wescot have not said anything.

I am registered disabled due to having mental health issues, and other health matters, the original creditor is aware of my health status and has failed to inform the Moorcroft and Wescot due to vulnerability.

[nemesis45]

Re: Halifax and 2 DCA's

They sent me a letter of demand for payment!!

That was probably the notice (s) of assignment.

nem

[Debt Camel]

Re: Halifax and 2 DCA's

I was paying into an IVA but I cancelled this in July 2015.

ah sorry, I should have remembered your distinctive name

National Debtline have told you that you would meet the DRO criteria. Isn't this the obvious way forward for you?

[Spellkaster]

Re: Halifax and 2 DCA's

ah sorry, I should have remembered your distinctive name

National Debtline have told you that you would meet the DRO criteria. Isn't this the obvious way forward for you?

I am not prepared to do another form of debt solution when one has already failed.

I paid £2700 into the IVA for nothing.

I wont be doing a DRO sorry it would damage my credit file further.

[Debt Camel]

Re: Halifax and 2 DCA's

I am sorry you were mis-sold an IVA. It was a very inappropriate solution for you. But it is a shame if you are now rejecting an alternative that is massively simpler, cheaper and less stressful than an IVA.

It would get rid of these debts, stop the hassle of dealing with letters from different debt collectors and stop any chance of court action - because getting a CCJ also would damage your credit file further.

[Spellkaster]

Re: Halifax and 2 DCA's

ah sorry, I should have remembered your distinctive name

National Debtline have told you that you would meet the DRO criteria. Isn't this the obvious way forward for you?

I'm sorry but I am not doing a DRO.

[Spellkaster]

Re: Halifax and 2 DCA's

This is what it says in the FCA's Consumer Handbook;

Notice of assignment

CONC 6.5.2R01/04/2014

1. (1)

Where rights of a lender under a regulated credit agreement are assigned to a firm, that firm must arrange for notice of the assignment to be given to the customer:

1. (a)

as soon as reasonably possible; or

1. (b)

if, after the assignment, the arrangements for servicing the credit under the agreement do not change as far as the customer is concerned, on or before the first occasion they do.
[Note: section 82A of CCA]

1. (2)

Paragraph (1) does not apply to an agreement secured on land.

1. (3)

A firm may assign the rights of a lender under a regulated credit agreement to a third party only if:

1. (a)

the third party is a firm; or

1. (b)

where the third party does not require authorisation, the firm has an agreement with the third party which requires the third party to arrange for a notice of assignment in accordance with (1).
[Note: article 17 of the Consumer Credit Directive]