Deed of Assignment raised AFTER CCA default?

[wobbles1914]

Hi,

 

I have an outstanding PL with HBOS for over £7K which defaulted a couple of years ago.

 

I sent them a SAR around 20th March to which I have received no reply as yet. It was difficult to work out where to send it as the alleged account started with Capital Bank, who were then bought by BOS who then merges with HBOS. As you can see they are still within 40 days at the moment although I have no idea if this is a work in progress or not as I have received no confirmation.

 

Next, I sent a CCA on 27th March asking for the usual things (CCA, DoA, default notice, statement of account).

 

Today, I have received a DoA dated 10th April which in part says:

 

"We hereby give notice of the assignemnt of the debt due to us by you in respect of the outstanding balance on your BOS account. On March 30th 2007 your account was assigned to 1st Credit Limited who are the legal owners of the debt.

All further communication must therefore be addressed to 1st Credit at...."

 

My questions are:

 

1. As I understand it, my CCA letter on 27th March officially put the account in dispute. Therefore have BOS breached a law / guideline by selling the debt 3 days later? Can I dispute this "legality" of this DoA?

 

2. Although they have quickly "knocked up" a DoA to 1st Credit on 10th April (within 12 working days of CCA letter), they still have not provided the CCA or default notice. Therefore are they still heading for a CCA default in a few days time?

 

3. Although I can send a CCA to 1st Credit, it just starts the 12 day clock again. Therefore can I persue the above two points to continue to focus on the bank for now i.e. o/s CCA, o/s def notice & account sold while in dispute?

 

4. I am already receiving automated messages from 1st Credit - nothing in writing as yet. From other posts, I get an idea of what to expect from now on...

 

Any advice much appreciated.

 

Cheers

 

Wobbles

[ncf355]

Hi,

 

I have an outstanding PL with HBOS for over £7K which defaulted a couple of years ago.

 

I sent them a SAR around 20th March to which I have received no reply as yet. It was difficult to work out where to send it as the alleged account started with Capital Bank, who were then bought by BOS who then merges with HBOS. As you can see they are still within 40 days at the moment although I have no idea if this is a work in progress or not as I have received no confirmation.

 

Next, I sent a CCA on 27th March asking for the usual things (CCA, DoA, default notice, statement of account).

 

Today, I have received a DoA dated 10th April which in part says:

 

"We hereby give notice of the assignemnt of the debt due to us by you in respect of the outstanding balance on your BOS account. On March 30th 2007 your account was assigned to 1st Credit Limited who are the legal owners of the debt.

All further communication must therefore be addressed to 1st Credit at...."

 

My questions are:

 

1. As I understand it, my CCA letter on 27th March officially put the account in dispute. Therefore have BOS breached a law / guideline by selling the debt 3 days later? Can I dispute this "legality" of this DoA?

 

Cannot see how they can pass it on when in default of the CCA 1974, as its legally unenforceable - def worth a complaint both to them and Trading Standards

 

2. Although they have quickly "knocked up" a DoA to 1st Credit on 10th April (within 12 working days of CCA letter), they still have not provided the CCA or default notice. Therefore are they still heading for a CCA default in a few days time?

 

Yes - regardless of what they say, at the time you sent the CCA request they were the legal owner and responsible for replying - Also, make a point of informing 1st Credit of this, whilst at the same time sending a CCA request to them , likely they will pass the debt straight back to BOS

 

3. Although I can send a CCA to 1st Credit, it just starts the 12 day clock again. Therefore can I persue the above two points to continue to focus on the bank for now i.e. o/s CCA, o/s def notice & account sold while in dispute?

 

Yes - see above

 

4. I am already receiving automated messages from 1st Credit - nothing in writing as yet. From other posts, I get an idea of what to expect from now on...

 

Again, see above, once you send them a CCA (reminding them that whether they are the original creditor or not they are obliged to supply the CCA) they will most likely back right off, if not, come back here for more advice

Regardless, keep us informed (PM me if you wish)

 

Any advice much appreciated.

 

 

Cheers

 

You are most welcome

 

 

Wobbles

 

 

 

Have fun

[wobbles1914]

Have fun

 

ncf355, thanks alot for your reply - most helpful.

 

I will let you know how things develop.

 

Kind regards

 

Wobbles

[FANTASY CHARGES]

Can We Have A Update On This One Please

[mattyarmouth]

what happened with this?

 

 

Please help with my case

http://www.consumeractiongroup.co.uk/forum/legal-issues/226535-help-set-aside-do.html#post2509926