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About charlie*

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  1. Hi asokn Re the Bills of Exchnge Act... if a debt is merely assigned, that surely means it does not change hands, as you explain above, they must be telling lies when they state quite clearly that 'we have purchased your debt'. Are they lying?
  2. We have asked questions in previous threads but all that is in the past, irelevant. The problems now is simple really, our OC could not produce a legible agreement - we made four attempts to get one over a year - they were all copies of the same, all illegible, so we told them no agreement, no money. That was a long time ago. Finally, they issued a faulty DN, by 4 days. They made no attempt to issue a new and corrected DN, we having sent a letter of acceptance asking for the amount of any arrears (as per last year's discussions herein). Eventually they sold the debt to the DC whom we
  3. Well, for all that, due to circumstances, we did not put up a defense within 28 days following a CLaim from the courts. Instead we wrote a letter which was in their hands by 9.00am of the 28th day explaining a difficult situation and that we had requested certain information from the claimant inlcuding CPUTR that might have helped form a defense. Their reply, short and to the point acknowledged our letter and pointed out that we must have a defense in no later than 28 days following service of the Claim letter OR, judgement MAY be entered against us. (MAY ??) It it is, they con
  4. I just don't believe this.... Before my granson left 6th form at 18 he was given a credit card with a limit of £3000... he was then earning $400 a month as a part time shelf stacker at Sainsbury's, long before he left college. Bit like Toad in Toad Hall, HE HAD TO HAVE A MOTOR CAR. Now he's earning £500 a month elsewhere - no thoughts of uni yet. This is the Abbey National (Santander). Now he's up tohis limit and he has an overdraft too. I don't yet know the full story, but he has been ringing around to see if anyone would give him a better deal like zero rate to start - B
  5. Hi ghost, Yes, I agree, these agreements are promissory notes - financial instruments, that are traded - just like those in America with the sub-prime mortgages - but there must be a reason for our own... Contracts (Rights of Third Parties) 1999 Section 1 sets out the circumstances by which a third party may seek to enforce the terms of a contract Section 2, sub sections 1 - 3 sets out the circiumstances by which a third party can become a third party Section 6, sub-section 1 confers no rights to a third party in the case of Bills of Exchange, Prommisory Notes and other neg
  6. oops, 'ere we go again... (said the earwig as he fell over the cliff) It would appear that 82A only kicks in on agreements old or new AFTER Feb 2011 What went before and how would it before and/or after tie in with Contracts(Rights of Third Parties) 1999 where third parties must be listed in an agreement/t&c's and cannot be involved in prommisory notes, financial instruments or bills of exchange. Any comments chaps? (all inclusive term, lads and lasses)
  7. Just a quick question for anyone who's passing and in relation to Cabot / Morgan... I see that the BofScotland quotes 16.1 (& 2) in their Terms & Conditions ... "Where any rights of a creditor under a consumer credit agreement (for example the right to be repaid the money) are sold or transferred to a third party, notice of that assignment must be given to the borrower as soon as reasonably possible, except in the circumstances described below. This requirement applies to all regulated consumer credit agreements other than agreements secured on land. New section 82A of the
  8. IMS21... I am very much obliged to you. Best wishes and thankyou charlie*
  9. Item 16 - 16.1 and 2 - BofScot T & C's states they are free to sell a debt.... Then in brackets (Consumer Credit Act 1974) I will follow your suggestion, in the meantime if anyone has a copy or can point to a copy of the CCAct, that would be great - I used to have one - now I can' find one anywhere. Many thanks
  10. ... point to any information or references in the Act that specifically permits OR's to sell debts to third parties. If this is in the wrong place, my apologies. Thanks charlie*
  11. No, done nothing yet - where is the legal forum? - I'll have a good look now see if I can find it ..................... FOUND IT Thanks
  12. Hello all, Is there are particular letter to use to ask the Court to give more time to prepare a defense? Appreciate comments - suggestions. Thanks
  13. If your 'credit agreement' is 2002 and the requirements of s.61 CCA 1974 and subsequent Regulations were not complied with, then the 'credit agreement' is irredeemably unenforceable under s.127 of the 1974 Act (repealed by the 2006 amendments). Based upon the details you have posted here and on your original thread, it appears that you applied for credit by way of Application form and that said s.61 applies, therefore, the 'credit agreement' is unenforceable. The Mould It would be very interesting to know if the above would / might be applicable to Sains 2004 apps/allegd agreements.
  14. I read through the Brandon appeal and the way I see it, he lost - so I'm not sure what you mean - un less there has been something more recent ??
  15. Well chaps, I'd really like to dig a little deeper into this - but I don't have much time left to come up with an answer. If I used the faulty DN (say 5 days short of 14 days) is there any history herein of a DCA challenging that in court? - 'cos if they did and the judge found for them, then the sh-item-toc would sure be flying in this house. Any thoughts - anyone? Many thanks,
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