rory32 Platinum Account Customer Watch out, there are Claims Touts about! We need funds Please donate something Give yourself a better chance with our claims guides and litigation kits Snipe eBay auctions with consumersniper Join Date : Jun 2006 I am in: Scotland Posts: 14,030 Re: TBI Financial Services A DOA is a legal deed which assigns the debt to a third party and is signed and witnessed and includes details of the debt. A NOA is just a notification to the debtor that the debt has been sold. However a NOA should be sent to the debtor before the DCA pursues the debtor for the debt. With regards to notice of assignments from DCA's. If the notice includes an amount demanded that is incorrect it renders the notice legally invalid (e.g. unlawful charges or DCA admin/collection charges). Even if the amount doesn't include charges but is misstated it is still invalid. If the date is incorrect it is legally invalid (i.e. does not tie in with the deed of assignment - the execution of assignment should be the same as the date shown on the notice). The case that supports this is W.F.Harrison & Co Ltd v Burke [1956] 1 WLR 419 As Rory has referred to it, he might have some idea, I have always found him very helpful and knowledgeable

Hope it goes well:D

Hi HAK, Not yet, so any pointers would be great. I am concerned about tomlin orders, as I have been reading other threads, and I'm not sure if they are the best way forward. Any thoughts anyone?

Just going through the paperwork, I know I have a termination letter/enforcement ,I didn't keep the envelope, (pre CAG days), but I did write on it received 4 days after the date they expected me to remedy it by. PS thanks you made me laugh, feeling well wrung at the moment.

I requested cca from 1st credit, and that never appeared. No ppi. When I said about the paperwork, I was told that that wasn't relevant at this time.

thanks for your reply, I have had no paperwork from LTSB, so I have no idea about anything! I feel that I may be putting myself on the wrong side of the judge if I do not agree to the tomlin order.

If I was to receive a letter which states term of agreement unavailable, could that mean they have no agreement?

You need to send them a SAR with your £10 fee, which should show the charges from the oc and marlins.

If the letter was from Marlin, it is because YB pass the monies to them eventually, and Marlin perfer you to pay them direct! Scare tactics with no back up. They have said the same to me, and I know I have been paying the original creditor on time, I am now going down the cca route with marlin. Good luck

berniebobs, so sorry to hear of your problems, can you not ring the courts to find out if and when the ccj was placed? I thought you had to default on the ccj before they could go for a charging order:eek: Hope steven or pt can come to your rescue.

monkeymagic, was it a different banks credit card? sounds like he will need to take cash out on the card and pay it into his account to reduce the O/D.

Hi jwus, welcome to CAG. Hopefully I can bump this up for you, then someone with more knowledge can answer your questions. My understanding is if Lloyds take you to court, the charges stop as they are claiming an amount of x. I can't comment on what the debt agency have told you, but I can't see the reasoning behind it. Good luck

Thanks for responding Pete, It will be interesting to see how they can show the documents that I have requested, and not received, over the phone:rolleyes: LTSB are trying to a get ccj, no doubt hoping for a charging order to follow, as I am paying a nominal amount. I think as the Judge has indicated small claims, costs are not involved, but I will double check:eek: Also will enquire if I get bamboozled, I can adjourn and recoup.

Hi madi's mum, hopefully by bumping this up, someone will be able to advise you on what to do next. Is that your actual account number? if so I would edit it out.

Thanks for the thought Joan, I'll just try bumping for the moment.

Hi, any ideas re my last post? anyone?

Hi all, My Judge has allocated the claim to small claims and as LTSB have indicated mediation, I have received mediation directions. Can anyone point me to a thread that explains what I can expect with mediation, and what would be my way forward.

Thank you Joan, yes it has helped, and I will be following how you get on, nice to see you got the same letter as I did.

Hi, can anyone suggest a thread I can read, to help me fill in my AQ and directions. The template AQ 150 is for bank charges, I think I can use a lot of madi's mums posts, but not sure what track I should indicate, and how long it might take. SC&M sols have not responded to my cpr 18, and the amount increased when it was passed to a dc (returned to LTSB when I complained to OFT about the dc). Should my directions follow the lines that they have not furnished me with the paperwork to enable me to put in a full defence? Help!

Hi, is there any update madi's mum?

Ok, received my AQ to be returned to my local court in 14 days. Please could someone help with the directions, and any other information ie: do I inform the Judge of the fact they did not know I had defended? thanks for your time.

Hi all, not a bluff, SCM sols made an incorrect request for judgement, (OPPS) as I have put in a defence. CCBC have a backlog of 10 days, so its back to the waiting game. Abuse of process?

Thanks for that 42 man, will do:eek:

No 42 man not Marlins, this is Sechiari, clark & mitchell, LTSBs sols, they say I should be hearing from the court with judgement in due course. Included a standing order form with no amount! Bit worried Ive slipped through, as I was waiting to hear from the court that they had passed me to my local court. Not sure what to do next.

Hi I sent the short defence, and have just checked online, it was received 30th September. No response from SCM sols re my cpr request, but today have received a letter that they will be requesting judgement against me and I should hear from the court in due course. I am confused, is this right??