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emandcole

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emandcole last won the day on August 15 2011

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About emandcole

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  1. Breach of contract. Let's get really messy. Sure, the initial thought is that the debtor breached first. That may be the case, however the CCA allows for this with the default system and where remedy is provided the default can be solved 'as if it never occurred'. Additionally, as long as the creditor reserved contractual right to have ever applied charges by inckuding a schedule of charges applicable in the inception T&C's the creditor can even profit by it. It does not cost them £30.00 to construct and post a naughty letter! In contrast, the creditor by it's own construction of
  2. Hmmm, very good point. Scottish Law often seems to be much better than the English equivalent. I suspect if the same were adopted here there would be many opportunistic DCA's without a viable business model. Now, that would be a shame eh?! I believe (although this needs testing certainly) that an excuse that 'they didn't know' or similar is very poor. Given the fact that there are many thousands of very bad DNs floating around out there the professional attitude would actually be to assume that any debt you now own that was defaulted more than 2 years ago (as some have actually got their
  3. Cool. Look forward to anything you can post on that Appreciate that section 87 has nothing to do with right to assign and done seperately or even together (properly) then no problem. However, if the creditor assigned with the default situation having nothing to do with it then all the new owner could demand was the monthly installment as the account itself would be live, the debtor still bound to make payments as per agreement terms. Assignment then to the debtor is of no great consequence as nothing really changes that much. The complications surely arise when the bad DN is iss
  4. Can't have happened as in 'we intended to terminate but now we recognise our DN's were bad so we're recalling them all' (can't have happened as in without a valid DN the termination was never lawful so account still live). Understand assignment no probs but not so straight forward when they did that for debtor breach and assigned after adopting a section 87 path.
  5. All very good stuff. We do seem to have a gap here though, perhaps none of us can explain it yet? Irrespective of the law tolerating breaches such as creditors issuing bad default notices then demanding full balances outstanding and then instructing or assigning absolutely to third party buyers we surely need to examine the wider implications for the consumer. I suspect many of us would be uncomfortable with the notion that a creditor can step outside of statute and regulation but then ignore the last year of third party demands for full payment or else and simply to return to a state
  6. Great that this has finally been resolved and daft that an issue set in stone amongst statute has been perverted for so long that it took someone like Brandon to have the arguments and questions settled. However... We need to look at the paths available in various situations where a creditor has defaulted badly then gone on to terminate. This is bound to form the substance of many threads as we all work to understand how this result influences various scenarios. 1) If a creditor issues a bad DN and hasn't terminated I think we all agree they are still free to issue another correct on
  7. Hi Domino, not been about for a bit. That's quite an odd thing for them to do eh? Looking at it from a different perspective however the debt does still technically exist and so they are entitled to chase you for it, presuming of course this is the same debt they litigated on?! As they've discontinued you'll be aware they'd have a very difficult task to chase you again using the courts unless some very drastic material differences come to light to change the nature of the claim in its entirety. I would perhaps write to them with no acknowledgement of any debt reminding them that as far
  8. Great result this so congrats to all involved Thanks also to whoever tipped my scales, not been on the forum for a bit and your name not left for me to do so personally! Onwards and very much upwards!!!
  9. Hi Dom, further to PM's you are in very good hands with Andy so nothing to add from me at this stage. Stay sharp and make sure you yourself are comfortable with the various sections of your argument and know it inside out. With any luck the bank will recognise their own difficulties and given the danger of your counterclaim perhaps reconsider their tactics. Will be watching with interest
  10. PM sent re Consumer Credit (Agreements) Regulations 1983.
  11. Good result. Rather messes their claim up though eh?! Think they'd be silly to ignore reasonable settlement offers.
  12. Good to have some opinion on here. Regarding the DOA and accompanying NOA Link admitted in an earlier letter that they had 1 set. They claimed this was sufficient as LRFC were a 'trading name' of FCE, the organisation who sold the account to Link. When you check however LRFC and FCE are seperate companies each with their own VAT numbers and company numbers. Far as I'm concerned they are as different as Oliver Adams and British Aerospace Engineering, irrespective of 'trading names' and other excuses. Clearly the consequence is that a transfer from LRFC to FCE is one asset transfer, t
  13. Onwards and upwards though eh? Odd to bang you with forthwith type costs when he's pulled it pending another 'related' case. Still, if Brandon is exposed for what it is all the better, if it's not then ignore it and run with your later argument. Costs aside a positive outcome so far.
  14. Be interesting if you can expose their tricks for what they are. If you can show their disclosure has been less than truthful and transparent (they must disclose what is both beneficial and damaging to their own claim remember) you could put them in a tight spot. Sounds as if you have a logical progression to date but now they're getting creative. Dangerous ground.
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