sorry to say this but i have seen a recent set of credit cards terms and conditions -- with a section --- if/when you die and the company definitely wanted their money owing if/when you die ---- suggest you get a set of t & c from santander and check it out.

just to put a link to events in parliament today concerning vulture funds and a private members bill getting an unopposed second reading. all speakers found the existence of thes funds abhorrent. http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/249352-private-members-bill-re.html

today the Debt Relief (Developing Countries) Bill 2009-10 private members bill Type of Bill:Private Members' Bill (Ballot Bill)Sponsor:Andrew Gwynne got a 2nd reading unopposed {sadly due the the forthcoming election it could eventually fall by the wayside unless it is effectively "fastracked"} vulture funds purchase sovereign debt and make vast fortunes via the british courts[very similar in theory to the way companies like cabot etc purchase debt ] all parties in parliament find this procedure abhorrent. http://services.parliament.uk/bills/2009-10/debtreliefdevelopingcountries.html the point is these MP's who speak positive about this bill including Andrew Gwynne need to be made aware of the debt purchasing companies and their dubious tactics etc here in the UK

how did this get into small claims court when the amount is clearly over £5,000? no need to say in open forum

after todays debacle of the rbs share price ( down approx 65%) to 11.8 pence ? the following post might be of interest to rbs credit card holders http://www.consumeractiongroup.co.uk/forum/show-post/post-1928576.html

now in view of the fact that RBS today became a "penny stock" the following statement seems very interesting "unless RBS’ long-term senior unsecured indebtedness as rated by Moody’s, Standard & Poor’s or Fitch Ratings were to fall below Baa2, BBB or BBB, respectively. The lack of notice has several legal consequences "

suggest you refer to this thread in particular the generous offer made by pt2537 on post 5 !!! "halsbury eat your heart out " http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/122201-more-secrets-about-assignment.html#post1260656

in simple terms when foreign companies such as MBNA i(capital one ??) increase the interest rate to these "extortionate" levels when people fall on hard times as many people in authority MP's press etc need to be made aware of what is going on .......... if they were to default you (presuming they came up with a valid agreement) does anyone think applying for a time order would work ?? http://www.insolvencyhelpline.co.uk/debt_factsheets/time_orders.php

http://www.consumeractiongroup.co.uk/forum/legal-issues/171221-what-deed-relating-assignment.html

thanks for the excellent post

however their could be a fatal flaw here if the deed of assignment was not witnessed the deed of assignment is a 4 or 5 page document http://www.consumeractiongroup.co.uk/forum/legal-issues/171221-what-deed-relating-assignment.html#post1847457

Law of Property (Miscellaneous Provisions) Act 1989 (c. 34) Deeds and their execution. 1.—(1) Any rule of law which— (a) restricts the substances on which a deed may be written; (b) requires a seal for the valid execution of an instrument as a deed by an individual; or © requires authority by one person to another to deliver an instrument as a deed on his behalf to be given by deed, is abolished. (2) An instrument shall not be a deed unless— (a) it makes it clear on its face that it is intended to be a deed by the person making it or, as the case may be, by the parties to it (whether by describing itself as a deed or expressing itself to be executed or signed as a deed or otherwise); and (b) it is validly executed as a deed by that person or, as the case may be, one or more of those parties. (3) An instrument is validly executed as a deed by an individual if, and only if— (a) it is signed— (i) by him in the presence of a witness who attests the signature; or (ii) at his direction and in his presence and the presence of two witnesses who each attest the signature; and (b) it is delivered as a deed by him or a person authorised to do so on his behalf. (4) In subsections (2) and (3) above "sign", in relation to an instrument, includes making one's mark on the instrument and "signature" is to be construed accordingly. (5) Where a solicitor or licensed conveyancer, or an agent or employee of a solicitor or licensed conveyancer, in the course of or in connection with a transaction involving the disposition or creation of an interest in land, purports to deliver an instrument as a deed on behalf of a party to the instrument, it shall be conclusively presumed in favour of a purchaser that he is authorised so to deliver the instrument. (6) In subsection (5) above— "disposition" and "purchaser" have the same meanings as in the [1925 c. 20.] Law of Property Act 1925; and "interest in land" means any estate, interest or charge in or over land or in or over the proceeds of sale of land. (7) Where an instrument under seal that constitutes a deed is required for the purposes of an Act passed before this section comes into force, this section shall have effect as to signing, sealing or delivery of an instrument by an individual in place of any provision of that Act as to signing, sealing or delivery. (8) The enactments mentioned in Schedule 1 to this Act (which in consequence of this section require amendments other than those provided by subsection (7) above) shall have effect with the amendments specified in that Schedule. (9) Nothing in subsection (1)(b), (2), (3), (7) or (8) above applies in relation to deeds required or authorised to be made under— (a) the seal of the county palatine of Lancaster; (b) the seal of the Duchy of Lancaster; or © the seal of the Duchy of Cornwall. (10) The references in this section to the execution of a deed by an individual do not include execution by a corporation sole and the reference in subsection (7) above to signing, sealing or delivery by an individual does not include signing, sealing or delivery by such a corporation. (11) Nothing in this section applies in relation to instruments delivered as deeds before this section comes into force. Deeds and their execution.

I HAVE BEEN TOLD THAT HALIFAX have been sending out a lot of the "same " cut and paste letters recently signed by different members of staff. how do the laws of scotland apply ????? in england

any update on this thread have been reading it but have noticed that the two halves of the document on post 1 do not fit together properly , part 1 has the start of a signatory box for the creditor, but it does not show on part 2

Richard can i develop a hypothetical situation from the above post imagine the copy agreement was dated say , (pushing the situation to the extreme) 1993, would i be correct in assuming that; "Should an actual witness take oath and give evidence as to the accuracy of a copy document " then that person must have been employed by the company in the relevant year 1993 in this case,,,, consequently the defendant might have a right to demand proof of this fact ??? relating to the years of service ???

"MELTON MOWBRAY" "PORK-PIES" ? remember in AUGUST 2007 Barclays dismisses fears over debt problems - Liverpool Daily Post.co.uk

in the Usa (due to lobbying by a major US bank) it is believed [the law was changed in the last few years ] that people now pay their credit cards before their mortgage. ........... yes it is hard to believe. moreover in the usa if you own two properties [not one ] you can go to court and get the judge to change the terms of your mortgage -- interest rate etc ....

BBC NEWS | Business | Barclays faces investment lawsuit Barclays faces investment lawsuit quote "Barclays is being sued in a New York court over claims it moved loss-making investments from its own accounts to those held by outside investors. The losses to investors are alleged to total hundreds of millions of dollars. The case is being brought by a French company which claims it was told these investments - known as "SIV-lites" - were super-safe and offered a AAA or AA rating. But Barclays denies the allegations and told BBC File On 4, that the action has "no merit." The case against Barclays centres on two complex investments - one called Golden Key and the other called Mainsail - which the bank created to sell to outside investors. The company alleges that in the summer of 2007, at a time when the sub-prime crisis was growing, Barclays arranged for hundreds of millions of dollars worth of mortgage-based securities to be transferred from its own accounts to the two SIV-lites. The French company's US lawyer Geoffrey C Jarvis said that Barclays should have known in June 2007 that such mortgage-based investments were "substantially impaired." He added: "I can't say what Barclays knew because they haven't told me but if they didn't know they were certainly reckless in not knowing." Barclays refused to discuss the case with the BBC but in a short statement said: "This action has no merit and we will contest it vigorously." "

see gareth thomas MP's 's statement regarding the banks being unable to enforce any agreement whilst in default, under section 78 cca and the fact that http://i283.photobucket.com/albums/kk289/42man_2008/HOC-1.jpg http://i283.photobucket.com/albums/kk289/42man_2008/HOC1-1.jpg since gareth thomas is part of the government it is suggested that the songs to be sung should be "sung from the same hymn sheet" : hence the potential minor shareholder in say RBS (eg current management of RBS etc etc ) should act in accordance with the statement made by gareth thomas regarding banks themselves entering into default.

quoting from above "The Civil Evidence Act (1995) introduces a flexible system whereby all documents and copy documents, including computer records, can be admitted as evidence in civil proceedings. A judge will still have to be persuaded to treat that evidence as reliable, therefore organisations will have to prove the authenticity and reliability of the record." assuming the The Civil Evidence Act (1995) came into effect some time in 1996 the question is is this law retrospective ?? meaning if the agreement was dated 2004 it does not apply ??

on the subject of assignment here is an interesting paragraph remember these words were said circa 1902 ??? slightly before the cc act 1974 " Legal assignment of an equitable chose:Although section 136 LPA 1925 appears to apply in terms only to legal things in action, it is thought that the use of the word "trustee" in the list of persons who may be liable in respect of the thing in action militates against a restrictive interpretation. There is also some case law to support the view that equitable things in action are included in its scope. In one of the leading cases (Torkington v Magee [1902] 2 KB 427 at 430-431), Channell J said: "I think the words "debt or other legal chose in action" mean debt or right which the common law looks on as not assignable by reason of its being a chose in action, but which a Court of Equity deals with as being assignable". "

RE HODGSON / CABOT SOLICITORS the solicitors regulation authority -- code of conduct rule 11 Litigation and advocacy states " Introduction Rule 11 imposes additional duties on you if you are a solicitor, an REL or an RFL whenever you exercise a right to conduct litigation or act as an advocate. "Court" in this rule has a wide meaning – see rule 24 (Interpretation). References to appearing or acting as an advocate apply when you are exercising rights of audience before any court, not just if you have been granted rights of audience in the higher courts. The rule only applies in a modified form to overseas practice – see 15.11. Rule 11.01 Deceiving or misleading the court (1) You must never deceive or knowingly or recklessly mislead the court. (2) You must draw to the court's attention: (a) relevant cases and statutory provisions; (b) the contents of any document that has been filed in the proceedings where failure to draw it to the court's attention might result in the court being misled; and © any procedural irregularity. [*](3) You must not construct facts supporting your client's case or draft any documents relating to any proceedings containing: (a) any contention which you do not consider to be properly arguable; or (b) any allegation of fraud unless you are instructed to do so and you have material which you reasonably believe establishes, on the face of it, a case of fraud. " [*]Solicitors Regulation Authority - Code of Conduct: Rule 11 if it were me if the above is deemed relevant i could contact the solicitors regulation authority and in any court case present a copy of the section of halsbury regarding assignment

the account number could well be a new account number designated to the account by rbs on default [or charge off ??] of the account (naturally without your knowledge ) mbna do this and the matter is currently being investigated by higher authorities ................... are mbusa involved in the rbs account ?

there is a well known mathematical formula as to whether a 16 digit number can potentially be a valid credit card account number and it is very easy to determine

just so we all remember 1.8 What if an agreement is entered into before 31 May 2005? If a regulated agreement is executed before 31 May 2005, it is subject to the 1983 Regulations but not the 2004 Regulations. If it is executed after that date, but is signed by one or more parties before then, it may benefit from transitional provisions