dadofholly
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Everything posted by dadofholly
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Log Book Loans - nightmare,. now got my car
dadofholly replied to caz1963's topic in Log Book Loans / Bills of Sale
You need to move on this and quick - personaly i recommend you take legal advice - you may be able to claim costs from the other side. -
None of these companies are going to take you to court - get them CCA's sent off. Even if they did take you to court - the Court would only make you pay what you could afford - and if thats a £1 then that is what the court would order. But they have many hoops to jump through before that was to happen - so get them CCA's sent off.
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If you have two agreements send two CCA's - one for each account.
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Have just read back through the thread - Arden do not need to send an NOA as they are not claiming to own the debt - only collecting for Idem. But the sale between MBNA and Idem did need an NOA.
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When was this account actually sold to Idem - and did you recieve a notice of assignment? The info on when your account was sold by MBNA should be in the info from the SAR. Or in the original letter from Idem.
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Are they the same registered company using a different trading name? If not, and they are seperate legal entity's then they do need an NOA
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With no notice of assignment they can not take action against you as the creditor. Are you sure they say they purchased the account - what date of sale is there in the SAR you recieved.
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Good advice from Mikey - same as i have been giving you for ages now - spend £1 on a CCA and save yourself a lot of hassle.
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Your priority is to get that CCA sent off - and quick. Don't worry about annoying them - fighting back is the only solution - it is not fighting back that makes them come after you more. If they can not produce that CCA - and i dont think they can - then they can not enforce the debt. When did arden take over your agreement? and did you recieve a notice of assignment? They have to accept what you can afford - end of.
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I know a good Barrister who has the measure of Welcome and was going to call Palmer as a witness, in a case i know of very well - but the opposition discontinued and paid nealry £2K of costs rather than allow him to be called. Also have evidence of what you can descirbe as a conspiracey to pervert the course of justice, files being drawn up, OFT informed and interested and Police next in line. The Barrister may well work on a CFA basis. Would report your case to the Office of Fair Trading - have contact details if you would like them. Oh and if there brief is stating evidence that he knows cannot be true - report him to the SRA.
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Has this not technicaly gone to trial once already - and they still keep changing their version? Maybe time to look at a possible strike out application - as they are clearly wasting the Courts, and your time, and are clerly clutching at straws by continuing to try something that works - rather than provide a true reflection of events.
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Why worry about them knowing in advance you intend to complain? MBNA no longer own your account so why concentrate on them? - they have issued a final response so forward it to the OFT. But this is not your pressing issue - the issue is can the current owners of your account provide details of the agreement. So have you sent a CCA request? and if so what is their response?
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You do not have to give them any evidence that they ask for. Update your complaint with the OFT and send copies what they have sent you - don't forget to mention the content of the phone calls etc. Did you send Idem a CCA request?
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Log Book Loans - nightmare,. now got my car
dadofholly replied to caz1963's topic in Log Book Loans / Bills of Sale
You need to report this to your local trading standards office and the Office of Fair Trading. -
HFO Litigation Letters & monument debt
dadofholly replied to deep in the whatsit's topic in Monument cards
It's because they assume you require a normal current account - they don't get a bonus for opening a basic one.- 125 replies
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Log Book Loans - nightmare,. now got my car
dadofholly replied to caz1963's topic in Log Book Loans / Bills of Sale
caz1963 your need to start your own thread - click on the black triangle on the bottom of your post and request a member of the site team set one up for you with the above post being the first - you will get more help on your own thread. -
I know it was a stupid question but i had to ask You realy need to report this to the OFT - as you never recieved the papers - and never even lived at the address they sent them to - then the set aside should be fairly easy - as for your other evidence you will only need t keep it short and sweet at the set aside hearing - a brief skeletal argument before hand will be more than enough.
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