As this is my first ever post on Legal Beagles I would be grateful for advice on this matter based on fact or actual previous experience of similar circumstances.
My wife had a Bank of Scotland/Halifax One credit card, which due to me being out of work she defaulted on back in May 2009. This was about the time that we wrote to Halifax to reclaim under hardship rules, unfair charges levied on the account since 2005.
We had no response at all from Halifax and no correspondence from anyone regarding this matter or the fact that we had not made a payment, until a Statutory Demand was issued in August 2011 by 1st Credit (Finance) 3 Limited, who it transpires, purchased the debt and were assigned it by Halifax in July 2011. We were never notified of this assignment.
1st Credit (Finance) 3 Limited are a company listed at Companies House as “DORMANT”, therefore none trading. My question is how can they transact the purchase and issue a Statutory Demand as a ‘none trading’ organisation?
During and since we unsuccessfully attempted to have the S.D. dismissed (thus incurring further costs), all correspondence has come from 1st Credit Limited and Connaught Collections, which (according to their letterhead) is a trading style of 1st Credit Limited, a different company to 1st Credit (Finance) 3 Limited.
Connaught Collections have now proposed we settle the full defaulted amount over three years subject to us agreeing to a charge on our property. When we requested that they send us a copy of the wording of the charge and in particular how it would be discharged once the debt was repaid, the replied saying that the would not divulge this information until we agree to accept the charge on our property. How can we be expected to agree to something when we do not know fully what it is we are agreeing to?
Can anyone confirm that this is acceptable practice for a debt collection agency?
Many thanks,
Onetotalk
My wife had a Bank of Scotland/Halifax One credit card, which due to me being out of work she defaulted on back in May 2009. This was about the time that we wrote to Halifax to reclaim under hardship rules, unfair charges levied on the account since 2005.
We had no response at all from Halifax and no correspondence from anyone regarding this matter or the fact that we had not made a payment, until a Statutory Demand was issued in August 2011 by 1st Credit (Finance) 3 Limited, who it transpires, purchased the debt and were assigned it by Halifax in July 2011. We were never notified of this assignment.
1st Credit (Finance) 3 Limited are a company listed at Companies House as “DORMANT”, therefore none trading. My question is how can they transact the purchase and issue a Statutory Demand as a ‘none trading’ organisation?
During and since we unsuccessfully attempted to have the S.D. dismissed (thus incurring further costs), all correspondence has come from 1st Credit Limited and Connaught Collections, which (according to their letterhead) is a trading style of 1st Credit Limited, a different company to 1st Credit (Finance) 3 Limited.
Connaught Collections have now proposed we settle the full defaulted amount over three years subject to us agreeing to a charge on our property. When we requested that they send us a copy of the wording of the charge and in particular how it would be discharged once the debt was repaid, the replied saying that the would not divulge this information until we agree to accept the charge on our property. How can we be expected to agree to something when we do not know fully what it is we are agreeing to?
Can anyone confirm that this is acceptable practice for a debt collection agency?
Many thanks,
Onetotalk
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