Re: Brown all CAPS window letter with "Defendant" visible!

by itheman Sun Nov 18, 2018 8:23 pm

thanks waylander,
i've looked at both T&Cs and no sign of an assignment, letter or specifics

by itheman Sun Nov 18, 2018 8:25 pm

other than the T&Cs and the statements i have been supplied with nothing else other than what's been posted on this topic

by waylander62 Sun Nov 18, 2018 8:30 pm

ok what is the date for filing directions questionnaire ?

i have a few ideas which we can try , but this is going to be very difficult.

by itheman Sun Nov 18, 2018 8:33 pm

Has to be with them 26th November

by itheman Wed Nov 21, 2018 6:29 pm

Hi waylander
is there anything i can be looking into in?

by waylander62 Wed Nov 21, 2018 9:04 pm

Hi

yes i believe there is, i am tied up in a big case at the moment, i need to file a lot of paperwork with the courts tonight but i will be back to ask you to send a letter to HSBC.

by itheman Wed Nov 21, 2018 9:09 pm

of course, let me know what to ask
cheers

by waylander62 Thu Nov 22, 2018 11:02 am

Hi

Ok you need to write to HSBC in respect of the guarantee

you need to ask them for a copy of the letter they sent you informing you that they had assigned this outstanding balance to 1st credit ( i think)

and most importantly you need to request information on what has been assigned you need to ask specifically if the bank have assigned its
1) rights
2) benefits
3) obligations

OR have they assigned all 3 rights,benefits and obligations to first credit

by itheman Thu Nov 22, 2018 11:09 am

Hi waylander,
Will do, thank you.
Irrespective of this, i should send the questionnaire back to the court?
cheers

by waylander62 Thu Nov 22, 2018 11:17 am

yes will have to send the directions questionnaire back to court

it wouldnt be an issue if it were a day or so late

by waylander62 Thu Nov 22, 2018 11:24 am

i am assuming that the agreement was with the business

AND

that the guarantee makes you personally liable should the business not be able to fulfil its obligations ?

by itheman Thu Nov 22, 2018 11:29 am

From what i recall yes, it was an overdraught on the business account, so must have been. Then i was/am liable with the guarantee

by waylander62 Thu Nov 22, 2018 11:35 am

yes thought that would be the case

have you checked the statements for excess and unfair charges ?

If you have not received any form of assignment from either the OC or the debt buyer then you can send a request for this information to the claimant especially if it is not in their evidence they have provided.

by itheman Fri Nov 23, 2018 1:27 pm

hi waylander,
How is this? Too much (i copied a lot from an earlier letter)?
PS. not sure HSBC address is correct as of today? anyone know if this is correct?

To:
Head of Legal Services
HSBC Bank PLC
PO Box 6201,
Coventry
CV3 9HW

23/11/2018

Request under s.78 Consumer Credit Act 1974

Dear Sirs
Re: Account / Reference Number: SORT CODE; xxxxxx ACCOUNT NUMBER; xxxxxxxxx

With reference to the above account, I require that you provide me a copy of the letter you sent informing me that you have assigned this outstanding balance to 1st Credit, or, whoever you first assigned the outstanding balance to.

I am aware that section 78(1) of the Consumer Credit Act 1974 sets out clearly what is required to comply with my request and quote “shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it”. For clarification I require information on what has been assigned to 1st Credit, or, whoever you first assigned the outstanding balance to.
1. Rights?
2. Benefits?
3. Obligations?
4. All of the above?

I am entitled to receive the information on request. I enclose a payment of £1.00, which represents the fees payable under the Consumer Credit Act 1974. This request is a statutory request and should not be construed as any acknowledgement or payment towards any account.

I understand that Consumer Credit (Prescribed periods for Giving Information) Regulations 1983 (SI 1983/1569) at Regulation 2 sets out the required time frame for compliance with this request as being 7 working days from receipt.

In the event that you do not consider yourselves the “creditor” I direct you to s189 Consumer Credit Act and the leading case of Jones v Link Financial Ltd [2012] EWHC 2402 (QB) (22 August 2012) which confirms that assignees of an account are the creditor and must comply with statutory duties.

In accordance with the new FCA guidance, if the copy of the executed agreement is reconstituted, then I expect you to confirm this is the case and to confirm what steps were taken to provide this reconstitution as set out in the FCA handbook CONC 13.1.4 (2).

I look forward to hearing from you
Yours sincerely,

By;

number of the family six

Authorised Agent and representative for Mr SIX.

Implied admission by lack of rebuttal .
No assured value . No liability. Errors and Omissions Excepted.

ALL-RIGHTS-RESERVED.WITHOUT-RECOURSE.NON-ASSUMPSIT

Calls may be recorded.

“This lawful notice adds to the Record Of The Parties”

There are "total charges" £50 - £70 p/month and "debit interest" £15-£20 ish p/m - first pages i've looked at.

As far as i'm aware never received any form of assignment from either the OC or the debt buyer.
Who's OC?
Should request be laid out as above/CPR-18?

by **daveiron** Fri Nov 23, 2018 6:41 pm

Dug this link out for HO address. The one you have is a PO box ,never send to a PO box as they will not be signed for.
As for the rest ,suggest you wait for waylander.

http://banksdaily.com/info/hsbc

by waylander62 Fri Nov 23, 2018 9:32 pm

Hi

no no, that is way over the top you are sending a CCA request for a copy of the agreement there.

ALL you are asking is for:

1) a copy of the assignment letter they sent to you when they sold it to first credit

that goes for both the overdraft agreement AND the guarantee

all you want to know is what was assigned in respect of the guarantee most importantly you need to request information on what has been assigned you need to ask specifically if the bank have assigned its
1) rights
2) benefits
3) obligations

OR have they assigned all 3: rights,benefits and obligations to first credit

ask for this as a Subject Access Request for specific information

by waylander62 Fri Nov 23, 2018 9:35 pm

Oh and remove all that crap from the bottom

just yours sincerely, you are simply asking HSBC for some information from the data access they hold on your account,

by itheman Tue Nov 27, 2018 11:18 am

Hi waylander,
cheers and sorry for delay.
cheers daveiron.

How is this:
To:
Head of Legal Services
HSBC Bank PLC
8 Canada Square,
London
E14 5HQ

27/11/2018

Subject Access Request

Dear Sirs
Re: Account / Reference Number: SORT CODE; xxxxx ACCOUNT NUMBER; xxxxxx

Please send me a copy of the assignment letter that you sent to me when you sold this: over-draught agreement and guarantee.

I also require information on what has been assigned to 1st Credit, or, whoever you first assigned the outstanding balance to.
1. Rights?
2. Benefits?
3. Obligations?
Or have you assigned all of the above?

I look forward to hearing from you
Yours sincerely,

xxx xxxx

And to DC:

To:
Head of Legal Department
Intrum UK Limited
The Omnibus Building
Lesbourne Road
Reigate
Surrey
RH2 7JP

27/11/2018

Subject Access Request

Dear Sirs
Re: Claim Number DV4334132RRGFR

Please send me all assignment letters for this debt that you have.

I look forward to hearing from you
Yours sincerely,

xxxx xxxxx

i note that the letter from DC is:
"Intrum UK Limited"
and on the Notice of Proposed Allocation to the Small Claims Track it is:
"Intrum Uk Finance Limited"
Don't suppose this has any bearing?

i still have no evidence/other information from them

by waylander62 Tue Nov 27, 2018 11:24 pm

hi the letter to HSBC is fine, just amend the words to spell overdraft

and also change the line to: I also require information on what has been assigned and to whom
1. Rights?
2. Benefits?
3. Obligations?
Or have you assigned all of the above?

to the DCA scrub subject access request

and change to: part 18 request for further information

Please send me details and copies of any assignment letters sent to me and details of the chain of assignment.

by waylander62 Wed Nov 28, 2018 8:28 pm

i forgot to say

in respect of the part 18 request file a copy with the court too as it then becomes part of your case.

by itheman Wed Dec 05, 2018 5:00 pm

Hi waylander, sent that to court by email, had delivery receipt but nothing official yet.
Nothing from HSBC, should i send £1 for SAR?
Reply from intrum:
(hope all are clear enough)

Brown all CAPS window letter with "Defendant" visible! - Page 4 Letter10

Brown all CAPS window letter with "Defendant" visible! - Page 4 Letter11

Brown all CAPS window letter with "Defendant" visible! - Page 4 Letter12

Brown all CAPS window letter with "Defendant" visible! - Page 4 Letter13

by **LionsShare** Wed Dec 05, 2018 5:13 pm

SAR under DPA 2018 are FREE!

by waylander62 Wed Dec 05, 2018 6:37 pm

ok,

unfortunately i cant see the account details so am guessing a little here, so they purchased a debt from HSBC.

now i need you to answer carefully:

the debt they purchased ( the agreement) was between HSBC and your business yes ?

this was not your personal debt ?

however the guarantee is what makes you personally liable ? yes ?

so... how come the assignment letters are in your personal name ? not in the name of the business ?

this is what we need to reply to them.

by itheman Wed Dec 05, 2018 7:20 pm

The account number/sort code is for the Limited business.

The debt is for overdrawn business account (all of which will be the overdraft limit/agreement).

i was/am personal guarantor - this is why i assume it is to my personal name?

Discovered the SAR was sent to PO BOX, will post to London address tomorrow

by waylander62 Wed Dec 05, 2018 7:43 pm

the thing that you are missing here is.... ( from what i have managed to ascertain purely from your posts )

that the account sold by HSBC to 1st credit is an agreement between the ltd company and HSBC. Therefore the assignment was the sale of the agreement and outstanding debt owed by the LIMITED COMPANY all of these assignment letters refers to a debt and agreement between YOU and HSBC .

NO NO that cannot be right, this was NOT your debt so in my opinion they would not sell a debt in YOUR name but in the companies name, so there is something very wrong about this.

however the guarantee agreement is what makes YOU personally liable, yet there is NO assignment in relation to the guarantee agreement ????

why not ? because this has not been done properly and they are hoping to win because you yourself dont have an argument against it, but hopefully you will.

Itis complicated but can you see what is going on here ?

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