Jump to content

someone_else

Registered Users

Change your profile picture
  • Content Count

    254
  • Joined

  • Last visited

Community Reputation

53 Excellent

1 Follower

About someone_else

  • Rank
    Basic Account Holder
  1. Has this account been bought by CL Finance? If so you might want to check the balance on the Notice of Assignment as in my experience the balance they put on the Notice isn't the same balance that you owed to the Original Creditor, CL seem to add charges to the accounts after buying them but before notifying you and if the amount on the Notice doesn't match the Deed it can render the Assignment ineffectual. Also I don't think the Default Notice could be valid no matter when it was received as it wants payment within 14 days of reciept, however the regs state you need 14 clear days, so for
  2. If they cannot provide the original agreement, then it shouldn't be enforceable by the court. However Restons will be likely to twist the Carey case (linked in the above post) to claim they don't need the agreement, so you'll need to understand the Carey and be able to argue why the Carey case doesn't say what they want, there should also be plenty of threads and posts around with arguements against Carey.
  3. A comms log (though different companies will give it different names) is where they record all attempts at contact, so when you write to them or phone them there should be a note on the system, the same when they write to or phone you. For example the comms log might show that GE Money received your letter telling them you'd moved, they then wouldn't be able to claim the claim form was sent to your last known address, they'd also have problems with the assignment as you need to be informed prior to them taking court action (it should be sent recorded del aswell)
  4. How can the Default Notice be dated 8th May and served on the 8th May - the appeals Judge has surely got that wrong unless it was hand delivered that day. Further the letter you got with the Default Notice on page 2 (dated april 2009) states when the default is registered on your credit file the account will be sold and the third party will ask for the full balance. When you sent a SAR to MBNA did you get a copy of the comms log, as normally they put an entry in there claiming a default notice has been issued however all the ones I've seen have the note recorded a few days later show
  5. When did you inform GE Money you had moved and did you send the letter recorded delivery or receive any confirmation that GE Money knew you had moved. (If you don't have any confirmation you might need to send a SAR to GE Money for their comms log). When did Link claim to have purchased the account and did you pay Link off your own back or just due to the Court Order.
  6. When did you inform GE Money you had moved and did you send the letter recorded delivery or receive any confirmation that GE Money knew you had moved. (If you don't have any confirmation you might need to send a SAR to GE Money for their comms log). When did Link claim to have purchased the account and did you pay Link off your own back or just due to the Court Order.
  7. Quick update, last week out of the blue we received a letter from Restons 'asking' for what they claim is the balance owed, however the balance they want includes their court costs that they were never awarded (the costs of starting the claim). First question does anyone know what the actual status of an account is when a claim has been discontinued, I know they need permission from the court to restart, but are they allowed to continue making demands for payment - their letter appears to be very carefully worded this time it makes no mention of any further action they might or can take.
  8. According to the OFT guidelines on Debt Collection Lloyds are accountable for the actions of any DCA they employ.
  9. If you have a look at the http://www.hmcourts-service.gov.uk/index.htm website it should have information and forms with regards to Charging Orders.
  10. A couple of notes - first you need to ensure you read and understand the Carey and Rankine cases at it looks like they are going to twist them to show they don't need to produce the original agreement when they do - satisfying a s78 request and having an enforceable agreement are two different things. With regards to the Default Notice it needs to contain the name and address of the Creditor, so it should really have come from Barclaycard not Mercers. In addition for it to be valid the arrears need to be accurate. With regards to the assignment it should have been sent recorded deliv
  11. My mum spoke to the court on Friday and they confirmed they had received Links notice of discontinuance and that the Hearing had been delisted from Monday so there is no point us going tomorrow. Reading around it looks like there are a few methods to getting costs; writing a letter, sending them an N252 or writing to the court, anyone know what the time limits are on requesting costs? I've recalculated our costs this weekend and it's standing at around £750 (£75 is stationary, postage and travel costs the rest is time spend).
  12. Well the postman was busy this morning - first there was a big parcel of documents from Link, looks like they have rather helpfully binded all the statements together and numbered them. Below that parcel was another letter from Link where they now claim to have discontinued? Rather conviently a day before the hearing so the chances are the court won't get the letter in time. If they have actually truly discontinued is there a formal route to obtain costs on the Small Claims Track, I know you cannot normally obtain costs but CPR 27.14(g) allows a judge to award costs against an unreas
  13. Does anyone have links to either of these cases, I've had a look but neither appear to be available to the public: Van Lynn Developments Ltd v Pelias Construction Co Ltd [1968] 3 All ER 824. Denney, Gasquet, and Metcalfe v Conklin [1913] 3 KB As they are a bit more ammo for the assignment - as they state the notice needs to show with reasonable certainty that the debt has been assigned to them.
  14. Ok so a quick update. With Link failing to pay our costs on time we wrote to the court who rather helpfully decided to give Link another month to make payment (why is it that deadlines never apply to Claimants, they have failed to meet a single deadline so far) though this time they made it an unless order, which at least explains why a week or two later we actually received the cheque which was surprisingly sent by recorded delivery. So that still leaves us with the trial on Monday morning well that's if Link turn up - we haven't heard from them since they sent the cheque not even a
  15. You may also want to check the amount on the assignment, as when one of our MBNA accounts was sold to CL Finance, the balance CL Finance claimed to have bought was higher than the balance from MBNA.
×
×
  • Create New...