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About Linian

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  1. Thanks FttE for the post But that's my point, they haven't even complied according to Carey. They have sent no agreement whatsoever - not even a cut and paste job but they then talk about 'your agreement' in their letters. They will not/ cannot admit that they dont have one and are obviously attempting to mislead me - which is against OFT rules. I am still trying to figure out the best way to alert any authority that might listen
  2. but is it not a "legal" issue as opposed to a particular bank issue?
  3. "Running away from debt"? All I did was ask for a copy of my agreement and they haven't provided one. As I understand it, under the law, until they provide a copy then the agreement is unenforceable - is that not still the case? What's important (and the reason for my post) is their response to my request and the OFT guidelines with respect to unfair dealings and misleading a consumer. I realise that they might still be able to wreck my file - but they have written to me stating that they have complied with my request and the 'copy agreement supplied is sufficient' when no ag
  4. barking up the wrong tree - is there another one I should be looking for or can they just plough on through regardless now? I am correct in believing its unenforceable at the moment aren't I?
  5. Thanks silverfox, I realise that but I am now more concerned about their blatant attempts to conceal the fact that they don't have an agreement and the claims in their letters that they have satisfied the requirements of CCA 1974 which clearly they have not. they haven't even sent a recon Additionally, DPA requires that information is accurate. How do they know that if they don't have an agreement to refer to? I want to complain about their conduct - but who to what's the best course?
  6. Can anyone help please. I made a s78 requested to Barclaycard for a copy agreement when my account was in order. They replied with the usual stuff re copy agreements, Carey v HSBC, reconstituted agreements etc etc. they sent T& C's but DID NOT provide any copy agreement at all. I wrote again pointing this out and their response was that the "documents provided satisfied their obligations under s78" but still no copy agreement was provided (reconstituted or otherwise) I wrote for a third time referring to CPUTR 2008 and OFT guidelines on misleading consumers as to the existe
  7. Assignee went for summary judgement which I defended successfully based on improperly executed agreement and dodgy DN (the original was invalid so they made one up and submitted it!) Judge has ordered them to submit copies of all s87 notices served on the defendant Now set for trial in June
  8. The Mould If the date of assignment stated on the Deed is different to the actual date of assignment, then, the assignment is invalid and the title of the contract and all rights and benefits thereof remain as vested interest of the original party, the first party - the creditor. The NoA states a date of assignment but I haven't seen actual evidence of any "DEED" yet just an agreement between the parties stating an intention to assign but no evidence that an assignment has actually taken place. The date stated on the NoA is different to TWO other dates noted in the OC's SAR response
  9. Ok, thanks again Andy The story is; 1.OC sent invalid DN 2.OC assigned debt 3. New owner takes legal action stating that DN had been served and acc had been terminated So if I've got this right; 1. The account cannot have been terminated and OC could not enforce as OC's DN was not valid 2. As the new C has not issued a valid DN of their own, they cannot enforce either? and 3. At the end of all this, any (alleged) termination is irrelevant. Is that about it?
  10. But a valid DN needs to be served before enforcement - yes? And if the OC has not served a valid DN then the new owner must serve one before they enforce - yes? The point is, the OC sent a duff DN then assigned the debt. New owner has issued proceedings stating that a valid DN was served and then account terminated - so; 1. OC no valid DN served, they can assign but cannot terminate - yes? 2. New owner cannot enforce as no valid DN has been served by the old or new owner - yes? 3. So what is the point of termination? What purpose does it serve if it is not needed to assign or e
  11. Hi andyorch Thanks for responding. I had missed payments. I did not send a s78 request but had already sent several letters and a SAR asking for a copy of the agreement and all to no avail. Is that in dispute?
  12. OK thanks, So does that mean that an OC can assign an account without first serving a Default Notice and if so, would the new creditor then have to serve a DN before being able to enforce?
  13. Can anyone tell me please, must a Credit Card account be terminated by the OC before they can assign it to a 3rd party? In other words, when buying the account, does the new creditor buy all the terms and conditions as set out and are they obliged to continue administering the account as it was originally agreed or does the OC terminate the account so the new creditor can bring in it's own terms? Thanks
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