How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ash Your Own Question
Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
75100385
Type Your Law Question Here...
Ash is online now

W - A company,Highbridge,took over my credit card

Resolved Question:

For Alex W - A company,Highbridge,took over my credit card debts,among them,Halifax,in Oct 2012 - I heard nothing from Halifax until July 2015 (I gather Highbridge went into liquidation in 2015).Halifax demanded payment of the outstanding debt of £15,700 (it was £14,200 in 2012,and I have not had a single statement or explanation of the current £15,700,not would I expect to,as I did not consider myself the owner of this debt) by 16 October.On 15 October,I received from Halifax a statement showing Highbridge had paid several small sums to Halifax re this debt.
As you yourself have already pointed out to me,there can only be one owner of a debt,so does this not prove Halifax deemed Highbridge to be the owner of the debt?
It may be that Halifax will claim Highbridge were only acting on my behalf,or as an agent,but there is nothing in writing to this effect anywhere,nor would there be,as I have in writing from Highbridge that they are the owners of this debt.
Is it likely a hard-nosed company such as highbridge would pay sums on my behalf out of the kindness of their hearts? No,they paid because they felt they had to for themselves,and Halifax accepted those payments.
Some 32 months is a long time not to hear from someone who considers they are owed money - I believe halifax are only contacting me now,for a second bite of the cherry,as Highbridge are no longer around.
I am considering putting this to the Financial Ombudsman,but would like to know in advance what sort of case I have,or if I can put things in a better way. Thank you!
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello and thanks for requesting me.
Did you ever get a notice of assignment please?
Customer: replied 1 year ago.
No,I did not get a notice of assignment.
Expert:  Ash replied 1 year ago.
Ok. Then you need to ask Halifax for a copy of the Notice of Assignment to Highbridge. You can request this under the Data Protection Act, there MUST have been one otherwise Highbridge would not have chased it.
Once you have this then you can ask if it was ever assigned back. If the answer is no - Halifax cant chase it. Also under the Consumer Credit Act, Halifax or Highbridge MUST send you annual statements. If they are not, this is in breach of the Act.
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.
As far as I kinow,there never was an assignment from Halifax to Highbridge,or have I misunderstood this?
Expert:  Ash replied 1 year ago.
Higbnridge should not have been chasing then if it was not assigned. If it was never assigned then Halifax is the creditor. Also Halifax should have been sending you annual statements as per the Consumer Credit Act.
I would complain to the FOS, as they are independent. But you need to have your paperwork straight first. Ask for copies of everything under the Data Protection Act.
Can I clarify anything else for you?
Alex
Customer: replied 1 year ago.
I probably explained it badly - Highbridge were never chasing anything - but if Halifax did not send an annual statement for 2012,2013 or 2014,was I not entitled to think the debt was not mine?
Expert:  Ash replied 1 year ago.
Sadly not. They are required by law to send you this. But if it's been 6 years since you have made the last payment it would be statue barred in any event.
Does that clarify?
Alex
Customer: replied 1 year ago.
I have several things milling round my head,maybe we could have a phone conversation,say,on Monday 26 Oct - I am just off to my daughter's in Paris till friday night - if that is possible,please say if you want me to call you,or you prefer to call me,and at what sort of time - I could be available at pretty much any time convenient to you -
Expert:  Ash replied 1 year ago.
Ok. You will need to accept the additional service tomorrow then please.
Thanks
Alex
Customer: replied 1 year ago.
ok,will do,thank you.
Expert:  Ash replied 1 year ago.
Thanks.
Alex
Ash and other Law Specialists are ready to help you
Customer: replied 1 year ago.
I have accepted a phone discussion - can we pls organise a time/date for this?
Thanks
Expert:  Ash replied 1 year ago.
Do you have a number
Customer: replied 1 year ago.
07543 595707 - thnx Hugh Archer
Customer: replied 1 year ago.
Hi Alex - are my messages getting thru? Have sent 2 or 3 today re phone call - yours,Hugh
Expert:  Ash replied 1 year ago.
I will call shortly.
Alex
Customer: replied 1 year ago.
Alex - further to phone call,if I am requesting all documentation that passed between Halifax and Highbridge,is this under the Data Protection Act or Freedom of Information Act?
Expert:  Ash replied 1 year ago.
Data Protection - FOI does not apply to these firms.
Alex
Customer: replied 1 year ago.
Perfect,thank you

Related Law Questions