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focus594

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About focus594

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  1. Even if you aren't allowed to take holidays from September to December you are still entitled to full entitlement for the year, which is 5.6 weeks including bank holidays.
  2. As far as I know the deadline for the CCJ register has passed. It took 5 weeks before the set aside hearing. Can he still claim anything back from HSBC/HFC? If you can give me some advice on how to go about that he will be chuffed to bits. I don't know the full history of why he stopped paying originally but I think it was something to do with a dispute with the retailer. I don't think he took it up with HFC/HSBC though.
  3. Sorry DX just noticed this reply when looking at a little used email account, clicked on it to find a second page! August 2009, Bryan Carter did send a summary of payments to him as part of the set aside submission, which showed 7 payments made from Sept that year. Then a default notice fee, some further interest then a transfer to balance fee, whatever that is. Ive got everything that BC and Lowell sent him scanned on my computer.
  4. It wasn't from a site it was something that I composed for him. That was only part of it but the last 2 points were from something I saw on here. I have appended the other two points to the bottom of this post if its any help but it would appear that I've approached it from the wrong angle. I was under the impression that it was up to the DCA to prove absolute assignment which they haven't. He's still waiting for the CCA from DCA but they still have another day or two yet. I fear its of little value because there is no dispute there is a CCA, which I assume the original creditor will have. Presumably a fresh set aside application would have to be made to defend it from a CCA pov? ---------------------------------------- 6. The claimant has issued proceedings pursuant to the Law of Properties Act 1925. For the assignment of a debt to be effective and so giving the Claimant a right of action a valid Notice of Assignment must have been sufficiently served on me using a registered postal service pursuant to s196(4) before proceedings were commenced. The Claimant is put to strict proof that any notice of assignment was sufficiently served on me before proceedings were commenced. Without this proof, the Claimant has no right of action. 7. Further, it is submitted that the mere fact of giving a notice does not, of itself, create an assignment and that there must be an actual assignment in existence. It is the actual Assignment, not just the Section 136 notice, under which the Claimant derives title to bring the claim and the Claimant is put to strict proof that such Assignment exists. It is further believed that I am entitled, in any event, to view the document of assignment as a matter of law (Van Lynn Developments v Pelias Construction Co Ltd 1968 [3] All ER 824) --------------------------------------------------------------------
  5. That's the first time I've seen mention of a signed agreement? Are you referring to the Original Credit Agreement? A copy of this was requested from the DCA as part of the SAR and wasn't forthcoming, they said he would have to obtain any documents from the original creditor. This formed part of his comments on the set aside to the Judge, in which he said " 3. My major concern is whether [DCA] have absolute assignment over the debt. Without it they are unable to issue a county court summons as they have not taken over full rights and responsibilities of the debt. 4. On xx August 2014 I issued a Subject Access Request to [DCA] requesting full details of the account, their reply was received on xx August 2014. 5. I believe this to be proved by their reply in which they state they are unable to provide certain documents and I would need to get in touch with the original creditor to obtain them. If they had absolute assignment all this information would be in their possession. (Exhibit xx1 & xx2) --------------------------------- A further request for a copy of the CCA was sent to the DCA on 29/10/14 following your advice. Is it worth appealing dx, or not?
  6. Update. The set aside hearing has been heard and gone in the DCA favour. From what my friend has said the Judge looked at two issues. Issue 1 was the lateness of submitting the defence, and the Judge dismissed it as he had ample time to get his defence in prior to the Judgement being issued. This is accepted. Issue 2 was in respect of whether it was legal for the DCA to bring a summons in the first place. The DCA solicitors submitted their comments in writing and said for cost reasons they wouldn't be attending. In the written comments they stated they had assignment and produced two letters, one from the OR and one from the DCA. My mate tried to argue that although they had stated that they had assignment he didn't believe they had absolute assignment. In their written submission they stated they would not be providing proof of assignment as it contained commercially sensitive data. The Judge said she could see there had been an assignment on evidence of the two letters produced by the DCA. Also what did he mean by absolute assignment, which he struggled to explain. The CPR request to the solicitors also fell on deaf ears, as they said they didn't need to provide any info as it wasn't a trial hearing. So, the next stage, should he appeal? I believe he should but how would he convince the court that the DCA doesn't have absolute assignment.
  7. 11 days late, he'd forgotten about it until the reply to the SAR turned up. Had there not been an error on the website his defence would have been in (albeit late) judgement was entered on the 10th day and set aside application made 2 days later and acknowledged by court 3 days after that.
  8. The defence wasn't filed because it had already been entered into Judgement the previous evening, although it would have been that the dca was not the original creditor and therefore had no legal authority to issue a summons. The set aside application was done the next day. He is going to request the various stuff from the solicitors and the CCA from the claimant as you've advised. Should the defence also be included via a further witness statement to the court (previous witness statement attached) and copy sent to solicitor?
  9. That's part of what I'm asking. Should the defence be sent in now, or should he wait until after the hearing for the Judgement to be set aside, then submit the defence? Thanks John
  10. The DCA claims to have had the debt assigned to them. That being the case they should hold all the details of the account as if they were the original creditor. Of course, if they haven't had the debt absolutely assigned they have no authority to issue court proceedings, as far as I understand. Regards John
  11. My friend was issued with a summons which he wished to defend because he believes the DCA has no authority to pursue, and this was going to be the mainstay of his defence. He acknowledged service, asked for 14 extra days and sent SAR to DCA. DCA claim debt has been assigned to them by OC. DCA replied to SAR and stated that they couldn't provide breakdown of account, interest etc or provide CCA because it was with original creditor, and he would need to write to them. He was late filing defence when he went to do it there was an error at moneyclaim online. They acknowledged error and said give it 24 hours then log back in. Logged back in day after and it said judgement had been entered the previous evening. He's applied to have judgement set aside on both grounds of error on website and his belief that DCA dont have the authority to enforce judgement. Set aside has been acknowledged and hearing is in two weeks. What does he need to do now, if anything.
  12. There was an agreement to pay £30 a month with the solicitors but not through the court. It is unlikely that many payments were made.
  13. This in relation to another thread I have but just running an idea through my head. Say someone is issued a judgement and later a charging order. 5 years later they discover that the claimant had no right to issue the summons because the debt wasn't legally assigned to them. Obviously the judgement can't be set aside but in theory could the defendant point this out to the claimant with a demand for payment equal to the judgement, which if not satisfied ie by clearing the debt/charging order, the defendant then issues a new summons for the same, on the grounds of fraud by the claimant (letter issued saying debt had been legally assigned when it hadn't been) Am I right in believing that the OC must notify the debtor in writing for a legal assignment to be valid? Also would the original CCA have been passed on to the buyer of the debt at the same time?
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