Well well May be debt collectors are paying some colleges/universities to run a degree on how to be a thick>> idiot!!!

Yes do not worry about it.... As an honourable barrister told me once: "a debtor is NOT a criminal just a temporary material deficit that can be repaired but debt collector that breaks the law is liable and will be imprisoned !!!!"

Thanks again

Hi I didn't know that.. many thanks for you help!!!

well I suppose You have to be proficient in lying and oppressive language!

Hi Have they ever provided you with: 1) an agreement with the debtor and creditor signatures, and containing all the essential pre-scribed terms and conditions correctly stated in the same document!!!, this is a must!!! 2) Cancellation note and proof of when and how it was delivered 3) Default Notice and proof of when and how it was delivered 4) Noice of the assigment from the assignor or original creditor which must be dated before the debt collector started the assigment. A letter of introduction from the debt collector may not meet the requirement from the s136 law of property 1925

Yes a nasty debt collector job but as they say in 1ST CREDIT LIMITED - somebody has to do it!!! and also I like:grin: this bit "We ......believe that everyone should be treated fairly and consistently and that everything we do as a company should benefit our customers."" Fairly ????

You are too right, just imagine a debt collector from china asking you for a debt in yens!:grin:

Who will be in control of this database and of course they will sell it to make moneyyyyyyyyyyyyyyy!!

But if not received by the debtor!!! then either show proof of delivery or send it again??

well said Mr Ton Any more comments please!!!

Hi any comments about this announcement DCAs asked to give debtors breathing space - 04/02/2009 Credit Today online and DCAs to give debtors 30 days grace - 03/04/2009 Credit Today online and the danger of following, "The CSA asked BERR about the potential to make it a contractual obligation for debtors to inform creditors of a change in address, although a CSA spokesman was keen to state that the trade body is not pushing for a national address register of debtors. The minister told the CSA that it would need to provide evidence that such a move would reduce mistraces and improve the performance of collections agencies." We are being persecuted as criminals??? Any comments!!!!

also from this link http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/170935-dcas-law-property-act.html " Re: DCA's and the Law of Property Act I'm not even convinced a DCA (on thier own) can take you to court if they buy a debt under the LoP Act 1925...Read this; However, there is one very important procedural consequence which attaches to the distinction. A statutory assignee can sue without joining the assignor as a party to the action, whereas an equitable assignee often (although not always) cannot do this. Furthermore, a statutory assignment passes a legal right to the assignee, an equitable assignment passes only an equitable right. So, in this case, when they buy a debt and if they want to collect the interest as well, the assignment has to be absolute. If the assignment is absolute, they are bound by the CCA, because of the CCA the rights and duties are assigned. A duty is not an obligation, as an obligation is a possible financial loss, whereas as a duty is to comply with the CCA. "

also from this link http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/170935-dcas-law-property-act.html " 136. Legal assignments of things in action.- (1) Any absolute assignment by writing under the hand of the assignor (not purporting to be by way of charge only) of any debt or other legal thing in action, of which express notice in writing has been given to the debtor, trustee or other person from whom the assignor would have been entitled to claim such debt or thing in action, is effectual in law (subject to equities having priority over the right of the assignee) to pass and transfer from the date of such notice- (a) the legal right to such debt or thing in action; (b) all legal and other remedies for the same; and © the power to give a good discharge for the same without the concurrence of the assignor: Provided that, if the debtor, trustee or other person liable in respect of such debt or thing in action has notice- (a) that the assignment is disputed by the assignor or any person claiming under him; or (b) of any other opposing or conflicting claims to such debt or thing in action; he may, if he thinks fit, either call upon the persons making claim thereto to interplead concerning the same, or pay the debt or other thing in action into court under the provisions of the Trustee Act, 1925. ‘Interplead’: to go to trial to resolve which of several claimants has the right to claim money or property held by a third party "

ALso found this The modern law of contract By Richard Ston link The modern law of contract - Google Book Search "

Hi also found this "People need to find out if these debt collectors have bought the debt or are collecting agents for the creditor. Unless the original creditor ( assignor ) has given you a notice of assignment - S136. Law of Property Act 1925 - then any debt sold to one of these collectors is not enforceable until the assignor does so." any ideas??? CR

I jus found this from thsi link: Debt collection: Recovering the debt through third parties and it says: " Assignment Some companies specialise in debt recovery and can be 'sold' your debt in order to recover it on your behalf. They may charge a fixed fee or take a percentage of the money they recover. When this occurs you will be assigning the debt. If a debt is assigned, the Debtor must be told of the Assignment and to whom they should now pay the money. If they are not told about the Assignment and pay the Assignor, the debt will be discharged. Notice of Assignment Other than telling the Debtor that the debt has been assigned, there are no other formalities required. However, it is prudent to record the Assignment in writing and give the notice by letter. It is also advisable to have the signature of the Assignor witnessed by an independent witness who should add their name, address and occupation. The money paid to the Assignor should be an exact, defined amount; for example £1023.50 (i.e. not a percentage of a whole, or a vague value). However, if it is not a definite sum, the Assignment will still be enforceable but the enforcement will be complicated by the Assignee having to sue both the Assignor as well as the Debtor. The letter telling the Debtor of the Assignment must be sent to their current address. The letter should be sent in duplicate with one copy containing a receipt for the Debtor to sign and return. To assist the Debtor, a stamped address envelope ought to be enclosed. If the Debtor does not acknowledge receipt of the letter telling them of the Assignment, it may be that they have not received the letter. A useful precaution to ensure that the Debtor has received the letter is to send it by recorded delivery post and request a receipt. The Assignee must find the Debtor and tell them of the Assignment or risk the Debtor discharging the Debt by paying the Assignor. " Any ideas and what the law of property say???? Any help please!!! Thanks CR

Hi I requested a letter of assignment with the cca request and £1, a while ago to a dca but I received only a letter of introduction from the DCA containing a statement " XXX BANK LTD " has assigned to DCA the full outstanding amount balance ..." Not logo from the XXX BANK LTD i.e original creditor and not signature from the original creditor either. Can this be considered a letter of assigment because I have other different DCA sent letter of assigment containing signature from the previous creditor Can anybody inform me, can just a DCA letter of introduction be considered a letter of assigment and how the law of property defines a letter of assignment??? and where it is stated?? Also can an assignee start chasing a debt before the debtor receive the letter of asignment from the assginor??? Any help please!!!.. This DCA IS JUST WASITING MY TIME!!! Thanks CR

where is the erred law stated???]] anymore ideas????

where is the erred law stated???]] anymore ideas????

ISTR-- what does it mean???

Hi I am trying to find out which national body, i.e OFT, FOS, Trading standards can certify and hence validate that a consumer credit agreement is legal and then can be enforced in a court of law. 1) This is because I have seen judges in court enforcing credit agreement based on an application form signed by the debtor even though the terms and conditions are on a separate document, not being signed by the debtor or creditor and without any reference. 2) I have also read some threads where judges would condider a microfiche in the absence of an original credit agreement...... very worrying How can an individual defense against that!!!! Is it a lost battle!!!!!!!! very worried cr

many thanks

not yet but they are aiming to......... very worried!!!!

I do apologise about my intrusion but any replys about this would be mostly grateful!!!! This is my first time here and I will be brief... I am desperate for legal advice because I can see an unpopular debt collector mentioned here often is aiming to sue me soon, even though they have defaulted under the consumer credit act s78, account in dispute and I have stop paying installment to them.... here is the question.... if a letter by the creditor signed by their marketing manager, offer me to apply for a card advising me and stating what the credit card APR is during a promotion period and fixed for x months and then when the credit card terms and conditions is issued and received, it states the the same term APR IS FIXED BUT FOR X-1 MONTHS, i.e less time, so have they infringed the cca 1974 due a misleading promotion and different pres-scribe term in the terms and conditions to the one advertised. Now they did apply the right promotion period according to the credit cards statements. i.e x months but the original terms and conditions remained unamended because the pre-scribed terms and conditions promotion period,, x-1 months, remained incorrect. ... but Now if the creditor and the court aim to enforce such initial agreement terms and conditions only if it has all precribed terms correct with the signed document, would they infringe the cca1974 and trading standards because what they advertised and what they wrote in the terms and conditions is different??? and incorrect and where can I find the trading standards or legislation that states this is considered an infringement of trading standards???? Any help please .........any litigator in the house???? Many thanks cr CAN THEY ENFORCE THIS TERMS AND CONDITIONS WITH AN INCORRECT PRE-SCRIBED TERM!!!!!