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TheDarkKnight

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About TheDarkKnight

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  1. Would it be statute barred, because the dca could say it was assigned to them and they are the legal owners and have been sending me letters
  2. The last time I remember using the account was in 2010. the balance was nearly £2k over drawn However, from the statements the DCA has been sending me the balance has been reducing by about £50 per annum. Thats because for some reason halifax have been receiving a credit of £50 from somewhere which they are passing to the DCA. I've never queried this and don't know where it's coming from! Further to my earlier post, i found a one page application form that I signed in 2007.
  3. the original creditor was Halifax. I think the account was opened around 2006. companies house records show 1st Credit finance 3 ltd was dissolved on 08/12/15. As they are ltd companies, surely they are separate entities altogether.
  4. Hi thanks for the replies. it was originally assigned to 1st credit finance 3 ltd. Then I had a letter from intrum uk finance ltd in 2013 stating that it has been assigned to them by 1st credit finance 3 ltd. it was for a balance outstanding on a current account overdraft, but I don't think any signed t&c's or application form has ever been provided to me.
  5. if a debt has been assigned to a DCA and that DCA subsequently assigns it to a second DCA, is the debtor's permission/agreement or a deed of novation needed for the subsequent assignment as the parties to the contract are changing?
  6. I’ve been dealing with a DCA for a few years regarding an overdraft debt. For now the DCA in question will remain nameless. I haven’t paid them anything as I had previously queried the authenticity of the notice of assignment as I believed it was not genuine and the person who had allegedly signed the notice did not infact work for the OC at the time . I asked for the name of the staff member who had created the notice on their systems and they responded by saying that they ask external third parties to print customer correspondence. About a year ago I sent a DSAR to them. They sent a very large bundle of my personal data in an ordinary paper envelope by royal mail. no responsible, sane, level headed person would have done that. Needless to say the envelope split open whilst in transit and royal mail had to repack the envelope in a clear ‘plastic’ sleeve and posted it to me. When I inspected the documents it was obvious that they were not in order leading me to believe that someone in the royal mail had had unauthorised access to my data. complained to the DCA and sent them photos of the split envelope and advised them that as a breach of the GDPR had occurred they are to report it within three days to the ICO and the OC they are also to advise the ICO that they use third parties to print customer correspondence. They finally sent me a final response in which they state that they are not at fault, no breach of the GDPR has occurred and that it is royal mail's fault because the plastic sleeve had the following words printed on it ‘our sincere apologies we are very sorry that this item has reached you in this condition’. The letter also mentions that they are entitled to use external parties to print letters to customers!! Do you guys believe I have a valid case to report to the ICO and also claim compensation? As the data controller they are responsible for ensuring that my data is always secure and ensure that unauthorised persons do not gain access to it, this has happened with the envelope splitting open and the fact that they confirmed that they use external third parties to print customer correspondence. I have actually been quite worried and stressed by this as my ID can be cloned and fraud committed in my name. Thanks for your help.
  7. Hi, they refunded it to me personally. However, as the default notice includes the unauthorised PPI and the claim is based on that amount, my argument is that if judgement is given it will have the effect of the DCA clawing back the PPI refund
  8. I wonder if the learned amongst you can help me with the following. It is regarding a credit card I took out with MBNA in August 2000. It was assigned to a DCA and the DCA has issued a claim against me. For as back as I can remember whenever I have asked MBNA for a copy of the executed agreement they have supplied the following documents, copies of which I have attached. 1. 1. Signature form 2. 2. T&Cs of credit agreement 3. 3. Financial and related conditions 4. 4. Latest T&Cs When I took out the card, I called MBNA, my details were taken over the phone and a pre-populated application form was then sent to me in the post. I signed it and returned it. I don’t ever remember receiving the two documents (2 & 3) above - T&Cs of credit agreement and Financial and related conditions. Both MBNA and the DCA have insisted they relate to the same credit card and that the document (4) Latest T&Cs were the current ones for the same credit card. A few months ago I applied to have the claim struck out on the basis that the prescribed terms were missing and that the default notice was invalid as it made reference to a non-existent condition. This is really obvious when the documents are checked and cross referenced. I pointed out the following and mentioned Wilson and another v Hurstanger Ltd (1) Condition 3 refers to non-existent condition 2.4. (2) Condition 4B refers to non-existent conditions 2.4, 3.5 and 3.6. (3) Condition 5 refers to non-existent condition 2.1 (4) Condition 5a refers to non-existent condition 2.1 (5) Condition 5c refers to non-existent condition 13.1 (6) Condition 8 (APR) refers to non-existent condition 1.11 (7) Condition 9 refers to non-existent condition 1.8 (4) Condition 13a refers to non-existent condition 2.1 (5) Condition 13b refers to non-existent condition 13.1 (6) Condition 15 is misleading I also pointed out that in the document I signed there isn’t a term stating the credit limit or the manner in which it will be determined or that there is no credit limit. The judge didn’t strike out the claim as she claimed I hadn’t convinced her enough!! Now as the matter stands, the claim will be heard sometime next year. In the mean time, I have successfully claimed back PPI on the account. I am now disputing the default notice on the basis that as MBNA debited PPI premiums without my authority the figure quoted in the default notice is incorrect and invalidates the default notice. The fact that they refunded the premiums without much of a fight is confirmation of this. For this I will be relying on the WOODCHESTER LEASE MANAGEMENT V SWAIN judgement. However a couple of days ago the DCA sent me a new set of T&Cs (headed t&cs just supplied) in the attachments. They now claim that these are the T&Cs that were applicable to my credit card when I first took it out. As you can it is illegible but all the missing prescribed terms seem to be there. Where do I stand with this? If they were T&Cs should they be headed Credit Agreement regulated by the CCA 1974? It just seems a little too convenient that after I raised the above points in court, they are able to produce a document addressing all the missing prescribed terms. Can anyone help me with and offer some advise as to how to challenge them on this. Many Thanks
  9. Hi, My name and address was on the page after the cancellation notice (pg 2 in my attachment). I blanked it out. There should be seven pages in total in the attachment. That is all the docs, the DCA provided me.
  10. Hello All, Can anyone help me with analysing the attached recon agreements. They are for a Barclaycard credit card agreement from Oct 2006. They were provided by a DCA and are subject to a court case at the moment. There are a total of 7 pages. So far I have found the following errors with the docs, when compared against Carey v HSBC 1. The cancellation notice on page 1. Doesn’t comply with any such notices as per Statutory Instrument 2004 no. 2619 The Consumer Credit (Miscellaneous Amendments) Regulations 2004. 2. Both agreements have the incorrect heading. 3. The second one states - The agreement is between Barclays Bank PLC and You, the person who signed the agreement as shown on the attached letter!!! 4. Condition 1 is missing on both of them. 5. Also, On the top left of page 2 of the first agreement is a date and time 26/06/07 3.40pm and In the second agreement it is 22/09/09 19:08. Surely this can't be the t&c's at inception which was Oct 2006. 6. In the first agreement, the front page in the section headed TOTAL CHARGE FOR CREDIT. An example of a standard balance payable equally over 12 months states that the total charge for credit will be £138.44. This works out at a rate of 9.23% and not standard rate of 17.9% quoted in the first box of the same document. (138.44/1500x100) Anyone know how this is worked out, as it is a prescribed term, my understanding is that it cannot be misstated. 7. In the second agreement the third box top left for APR states - Not applicable see below and in the bottom left the box for total charge for credit states Not applicable see below The DCA reckons that barclaycard advised them that i signed the agreement even though one was never ever presented to me even when I queried it several times in 2006/07 Would be grateful for any input regarding enforceability and any more errors especially in the prescribed terms. Thanks for your help
  11. I sincerly hope that all those who've received the letters and have had dealings with Arrow Global, complain to the FCA or better still can something be organised through the CAG?
  12. Thanks for your help. As mentioned I just need to know the procedure to follow to get case struck out.
  13. That's fair enough. I will explain the background briefly and what I am looking to achieve. I have a property in Scotland which the bank wants to repossess due to arrears. Two weeks ago I settled the mortgage account with a prom note as per the bills of exchange act. As per the bills of exchange act, I gave the bank three days to return the prom note if they didn't accept it as payment with a reason why. As per the same act they were also advised that if they rejected the payment, they've given up the right to ask for payments. The solicitors were copied in on the paperwork I gave them a generous 10 days and the bank didn't respond. Then two days ago a received court papers from the sheriffs court in glasgow for possession of the property. As far as I am concerned the account is now settled and there is no case to answer, hence the reason I was asking the procedure for getting the case struck out....do I enrol a motion or is there something else I need to do. Thanks in advance for your help with this
  14. is it possible to pm you. Just one thing, if possible let me know how to pm as i've completely forgotten! Thanks
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