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About miffedpuppy

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  1. A liability order needs to be written down and stamped and sealed by the court , as required in schedule 2 of the Council Tax (Administration and Enforcement Regulations) 1992 SI 613. Have you actually seen it? I doubt it , ask them for Schedule 2 form A. I bet they cannot produce it, as most liability orders are just rubber stamped and no written records are kept, UK law jurisprudence would suggest laws and judgements have to be certain and if they are never written down, how can the liability order be proved or produced? The sheaves of liability
  2. try this http://uk.linkedin.com/pub/craig-ballantine/8/6a6/b8b and http://www.moneysupermarket.com/c/news/who-owns-who/0003118/ I may be wrong, but they did a similar thing to me with another OC and I caught them out
  3. Interesting DonkeyB, looks like good old HFO have shot themselves in the foot again, it seems that Craig Ballantine , Manager of Late recoveries and Debt sales for Lloyds TSB (the money and power behind Sainsburys Bank) only started working for Llloyds in October 2009, so I am wondering why he would have signed the NOA in July 2008 when he was working for HBOS (before the take over).
  4. Ah but can they? I read this somewhere and I must admitt I too am confused having read Carey and this. May 2008, Susan Edwards, Head of Credit Investigations and Enforcement, Office of Fair Trading Misleading statements to debtors Sections 77 and 78 refer to supplying a copy of the ‘executed’ agreement within 12 working days of receiving a written request from the debtor. Failure to do so makes the agreement unenforceable against the debtor until a copy is provided. In addition, if the default continues for a period of 1 month the creditor is in breach of the A
  5. Hi Chysun, Silly questions, is this a personal debt to either you or your other half. Is your mortgage in joint names. Cos if the answer to the above is yes , they have not got a hope in hell of getting a Charge against your property the best they could get is a caution and strangly enough you are under no obligation to pay off a caution if you ever sell up. As for HFO well we all love em hello boys.
  6. NP when you get it back, if you do, post it up on here and we can take a look at it, make sure you remove any personal info and account numbers. You will get lots of help on here so dont worry.
  7. Hi PD, first thing is to try to stay calm .I know its easier said than done, but to deal with this lot you need a clear calm head. First thing you need to do is bang of a CCA request to Weightmans, that will then tell you what they are trying to claim on, or if they have nothing. As for going to court without a CCA well if they try I am sure you will get loads of help from the Forum.
  8. OK had a look through your DN and the Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561) and IMHO they fall foul of the following Sch 2 sub section 9A requires this statement You should be aware that if we take you to court and get a judgment against you requiring you to pay us the money you owe us under the agreement, you may have to pay us both the amount of the judgment and interest under the agreement on all the sums owed by you at the date of the judgment until you have paid these in full. This means that even if you pay o
  9. With regard to AmEx i would have thought an application under CPR31 for disclosure would get this information, although I am not sure under what part some one would know. The question of the securitisation would be vital to your case, as stated in the other thread I mentioned it seems that AmEx whole business model was based on securitising the cards and loans debts. If as suspected they have securitised them in the USA the Federal Law on securitsation requires that the whole debt is sold "lock stock and barrell" this means they only act as a collection agent. If this is true it would mean t
  10. Only that if AMex have securitised your Credit Card Debt they may/may not be the legal owners of the debt dependant on where the securitisation took place. If as this thread suggests the securatisation took place in the USA then they are no longer the owners of the debt and have no standing before the UK court. Also if the Debt was sold to a Venture fund as a SPV (Special purpose Vehicle) the actual ownership could be spread over dozens of defferent companies many of which would not have Consumer Credit licenses which is a big NO NO.
  11. have a read of this it might help http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/202474-well-amex-declines-answer.html
  12. May I put my tuppence in? Although they discontinued it does not stop them from selling off the alleged debt to another DCA and you going through the whole thing again with someone else further down the food chain. Your costs are not insubstantial and should put the fear of god up them, however, if you can get them to agree to provide you with an undertaking that they wil not sell on the debt to anyone else and to undertake never to persue the debt again and to remove all information from your credit file with regard to the alleged debt in return for you bearing your own costs wou
  13. Thank you, however I could never have done it without all the help and encouragement form all on this wonderful Forum. A special thanks to PT 42Man and Surfaceagent who gave me some sound advice. Thank you all.
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