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Everything posted by InKogneeToh

  1. Hi If there is still a debt outstanding, the account is NOT closed - it is still very much a live account! The original creditor may have withdrawn your credit facility and also may have written off the debt and/or marked your credit file as 'settled', but this is only an accounting procedure sometimes done when selling a debt on. If a debt is SOLD to a DCA then they become the new creditor and as such, are obliged to comply with your CCA s77/78 request. However, since you had already made this request to the OC before they sold the account on, then they had an obligation to com
  2. Hi The CRA's dance to the creditors' tunes and always say that they have to check with their client(s) first before removing or amending any of our data! I would write to Cabot and argue, as I have suggested above, that since the debt was purchased by CF(UK) Ltd, Kings Hill had no authority to process your data. If they then respond with 'but it was Kings Hill who bought the debt' then you can point out the 'little problem' with the notice! I suggest you read Richard Spud's excellent posts regarding the assignment of debts - procedure/legal status etc. Regards, Pam
  3. Hi Your claim would be against Cabot UK, as the owner of the debt. I have had a further thought about the issue of the default. Cabot have now sent you a copy of the 'assignment notice' in which they state that the debt was purchased by CF(Uk)Ltd (incorrect we know) but this is what they have put IN WRITING. So, if, as the notice of assignment actually implies, CF(UK)Ltd has always been the owner of the debt, and CF(Europe) the appointed agents, then what authority can they possibly show for an entirely different company (Kings Hill) to have registered a default against you
  4. Hi Cabot have their own supply of various creditor's headed paper and print off these 'notices of assignment' as and when the need arises. This 'notice' was obviously freshly printed in response to your request because, as you say, it states that the debt was sold to CF (UK) Ltd, when in fact it was sold to Kings Hill (who were only renamed CF (UK) Ltd on 15 Jan 07!) Oh what a tangled web we weave........!!! Regards, Pam
  5. Your are quite right LB, this has already been discussed at length. I will just say that restitution and mistake (of law and/or fact) were pleaded extensively in my claim (which went to first appeal) but to no avail. I agree with you, Your Holiness! , but it's getting a county court judge who is prepared to think and act 'outside the box' that is the problem! Regards, Pam
  6. Hi The reason why Mrs Wilson paid the £6,900 was because the 1st instance judge had declared the agreement enforceable and allowed her a certain time limit to pay the loan, failing which the court gave the creditor liberty to realise the security. She had therefore paid this money under a ruling of the court, which was then overturned by the COA. Because the order of the 1st instance judge amounted to enforcement of the agreement (subsequently declared to be unenforceable) the creditor was ordered to return her payment + interest accrued since that 1st judgement. These were spec
  7. Hi all A rather belated update. I sent requests to all 3 CRAs for my OH's credit files back in April and they have all now been sent to him. NO defaults from Lowells!! I don't know whether they had previously recorded any but have since taken them off (because no credit agreement has materialised since CCA request in January!) or whether they didn't record any in the first place! But who cares? - OH's credit file is as clean as a whistle! Just wish mine was the same. Ah well, only another 3 years to wait! Regards, Pam
  8. Hi This is yet another case of right hand not knowing what left hand is doing. Send them a copy of Lowell's letter and advise them to check their facts!! Lowell's will have asked B/Card for the copy of the agreement to send to you in the first place and obviously there isn't one to be had - so no matter who Red Debt's clients are, they are up a gum tree!! Regards, Pam
  9. Hi Dave This argument that a creditor may not profit from an unenforceable agreement and that this means you can claim back monies already paid is no more than a theory at the moment I'm afraid. It has not been tested in court and there is no relevant case law that specifically supports this assumption. That's not to say that such a claim would be unsuccessful - but who's going to go first?! I certainly would not advise relying on this assumption as a way of reclaiming monies if a debtor had allowed a creditor to off-set the refund of any unlawful penalty charges against any future
  10. Hi I'm afraid there is no precedent or case law that supports the supposition that you can claim back any monies already paid, so a claim for the refund of interest would be a shot in the dark! If an agreement is unenforceable, the creditor would not be entitled to use your money (unlawful penalty charges) to off-set against an account that he could no longer enforce. If it is unenforceable, you have no legal obligation to pay, so why would you donate back to the creditor, money that he had unlawfully taken from you in the first place. If you are certain that the agreement
  11. Hi That particular case involved a pawn agreement and was subject to a particular section of the CCA that states that a creditor may not enforce the security (pawn), or the agreement. Mrs Wilson had not paid any money in the first place, so it is not the case that she received any money back, only the items she had pawned. That quote does not imply that a debtor will be entitled to reclaim monies already paid under an unenforceable agreement. Such an agreement is not void or invalid - it simply means that the creditor cannot force you to pay. Regards, Pam
  12. Hi MIncemeat Sorry, but I am going to disagree with you here. Just because a creditor is barred from enforcing an agreement because of a failure to comply with the CCA does not mean that a debtor may not still reclaim any unlawful penalty charges applied to the account. These are a totally separate issue from the enforceability of the agreement. Since it is the creditor's own default that has caused the agreement to be unenforceable (if indeed it is!) I don't see how mitigation of loss comes into it. A debtor may still demand performance of an agreement that is unenforceabl
  13. Have you been following me, Tide? :o:rolleyes:
  14. Don't know what you mean! Anyway, your posts 2 and 3 have now arrived in my inbox - don't know where post 1 went though! Regards, Pam
  15. Hi Have just had a thought (it happens sometimes! ). As NW's defence (as filed) is that the claim has been paid in full, then they will have to request the court's permission if they now want to amend it in order to submit the usual defence, i.e. not a penalty, claimant agreed to charges, not unfair term etc. etc. The next stage, after I return this response to their defence is allocation, so I shall be filing the AQ form with reasons why their defence (as filed) should be struck out (and I have at least 2 very good ones!) Regards, Pam
  16. Hi MTM Oh, believe me, I do not take any notice of what NW's minions are trying to convince me of! I was just posting the details as an example of the c**p they talk! The form I have received from the court is a 'Notice of Defence that Amount Claimed has been paid'. The form states that if I do not respond in one of the 2 alternative ways ( I wish to proceed/I do not wish to proceed) by the given date, the claim will be stayed. That is all I will be doing today if CB does not respond today - which is likely! Thanks for the further links. I am prepared to take this right in to co
  17. Hi Obviously WW can't answer your questions (truthfully ) so is bailing out!! Regards, Pam
  18. Hi MilkTrayMan and thanks for the links. I have been reading the arguments for and against and have also saved some very useful info. from this site and from other sources, so feel ok(ish) about making my arguments. But I have spoken with an advisor from NW's call centre to day about the deposits that still remain in my account 7 days after I rejected them (in writing) as 'settlement' of my claim. I have received no response to my emails to Charles Bacon, but this advisor has told me that the legal team consider that they have refunded everything I asked for, and the 'case' is now cl
  19. Well, I emailed Mr Bacon Butty last week and then a couple of days later sent a second one requesting that he acknowledge the first, but to date have still not received any response! Has anyone else been met with the silent treatment, or does anyone know if he is perhaps on his hols or something? Regards, Pam
  20. Hi You don't need to send a CCA request to CapOne. Lowells have already asked CapOne for a copy of your agreement and they don't have it! You may need to do a SAR to CapOne though, to get all your statements if you don't already have them. Regards, Pam
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