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Everything posted by Vulture_Bank

  1. just been looking at an actual endowment policy and it says in a stamp size square . probably where they would in past times have put a stamp ? the appropriate stamp duty has been or will be paid to the commoissioners of the inland revenue in accordance with the provisions of section 38 of the finance act 1956.
  2. the point i am making is point 5 The original policy document or a letter to say that the policy is lost and cannot be found anywhere. meaning IN AN ABSOLUTE ASSIGNMENT the debtor has a right to see a copy of a statement as in point 5 when he does a dsar and he can thence use the document to show in court that the OC does/did (and hence the assignee) does not have a copy of the agreement
  3. http://www.consumeractiongroup.co.uk/forum/cabot/128121-provisions-legal-assignment-debts.html very very interesting
  4. lets consider the selling of an endowment. when you (a member of the public)s ell an endowment it is assigned you get some cash and the buyer pays the premium until the policy matures or you expire (depending on which happens first) the company acting on behalf of the potential purchaser (possibly it intends to keep the policy on its books ??) asks that the seller 1. completes a referee form (so they can check if you are alive!) 2.completes a certification regarding bankruptcy. which you complete and return together with the deed of assignment. 3.in addition you have to send in proof of your address to comply with uk money laundering regs. 4. send proof of your identity passport etc 5. The original policy document or a letter to say that the policy is lost and cannot be found anywhere.# Now the seller has no interest in the endowment : so because the policy cannot be returned to the seller it seems logical that the assignment is absolute. So be it suggested that for a legal assignment of a "debt" point 5 should also apply . Consequently when one DSAR's both the OC[original creditor=assignor ] and the purchaser [assignee] it seem logical that if the agreement cannot be found by the OC then it be stated in documents relating to the assignment ??? UPDATE yes UNDER THE "NOW THIS DEED WITNESSES AS FOLLOWS" IT says that the assigment is absolute.
  5. pt2537 just a quick question take vianos case which he has submitted his defence in writing assuming it was an internet lodged money claim he was defending -- is it ok for him to log in on the internet (with his password) to look for any update on the case question 2 does the online thing actually get updated ?
  6. Rogue Debtors meet Rogue Traders !!!!!!!!!!!!!!!!!!!!!!! 1.12 This analysis suggests that non-compliance is not restricted to a 'rogue trader' element, as some industry commentators had suggested. Trade association members have also given rise to complaints investigated by the OFT. Many of the complaints pointed to system failures as opposed to deliberate flouting of the guidance. http://www.oft.gov.uk/shared_oft/bus...dit/oft880.pdf
  7. "siamese Twin Agreement" WHICH MEANS AN APPLICATION form when you simultaneously apply for a barclaycard and a mastercard credit card http://www.consumeractiongroup.co.uk/forum/show-post/post-1310138.html
  8. Evening all I have read all this thread (except for the defence which i know will be excellent) above we have the POC Barclaycard produced an illegable agreement which i would like to refer to as a "SIAMESE TWIN AGREEMENT" meaning "one is a parasite" angles i would like PT to think about on a thread i will set up soon (1) how does one signature for two agreements stand in law meaning lets consider the second application for the mastercard as far as that agreement is concerned may i suggest that the words relating to BArclaycard are "irrelevant trash" similarily the opposite applies when treating the barclaycard application as the relevant agreement. these are "mutually inclusive" not "mutually exclusive" the aim being to get these "SIAMESE TWIN AGREEMENTS" DECLARED TOTALLY UNENFORCEABLE. in simple terms which one are barclaycard sueing for ???? http://www.consumeractiongroup.co.uk/forum/general-debt/125411-siamese-twin-barclycard-agreements.html#post1310140
  9. apologies if got the name wrong but am trying to educate Royal BAnk of Scotland regarding their realisation that the original terms and conditions are required.
  10. paul know you are section 77 this post relates to credit cards section 78 posted on this website november 15th 2007 Open Letter to the Royal Bank Of Scotland Dear Mr Graeme Hill (Home Authority contact for RBS) http://www.consumeractiongroup.co.uk/forum/show-post/post-1237151.html meaning they realise they have to supply as well as th the original agreement the original terms and conditions and consequently do a write off section 77(1) HAS THE SAME CONTENT AS 78(1) THE IMPLICATION IS should you turn up on the day with the agreement bring the original terms and conditions !!
  11. http://www.hmcourts-service.gov.uk/HMCSCourtFinder/GetForm.do?court_forms_id=521 N265 list of documents standard disclosure looking at this form http://www.hmcourts-service.gov.uk/courtfinder/forms/n265_1005.pdf on page 3 of 3 at (A) top left ...(too much hard work to quote ).... quite often claimant is economical with the truth here and (b) bottom left we see bottom left list and number here, the documents you once had in your control , but which you no longer have. For each document say when it was last in your control and where it is now you get deceiving rubbish like :- all originals of documents as listed above are copies as contained within the original file (the con is they mean electronic file --- not paper !!) opened at the claimants premises so how would they fill this in perhaps its a QUORN credit card agreement ....... as we all know Quorn meat is reconstituted !!!
  12. as usual you are right sorry ! ( just made an assumption [ a wrong one !!!]
  13. have they moved on ? very interesting that they took the case study down immediately the initial thread was posted
  14. time to view a case when RBS cobbetts came runner up me thinks http://www.consumeractiongroup.co.uk/forum/rbs-bos-successes/49470-contractual-interest-details-case.html
  15. there are 96 partners at cobbetts was their any need for a grade A solicitor to oversee a grade C solicitor ? the last page will have the definitions N260 form http://www.hmcourts-service.gov.uk/courtfinder/forms/n260_1001.pdf captain webb is supposed to oversee incasso ???? seems a stupid question is he allowed to represent cobbetts as such ??? don't forget to work out your costs !!! and yes there is vat
  16. ring ron later meaning "lateron" seriously IGNORE one last throw of a desperate organisation just file the letter and the envelope noting the date received never thow anything away.
  17. Banking & Lender Services Legal Update December 2007 - TLT Solicitors patrickq1 is this of interest to you ??? bit about a warning to lenders
  18. we put the quote in a concrete overcoat as below !!!! in order to cement the meaning of the above may we refer to the following :-- HOUSE OF LORDS Lord Goff of Chieveley Lord Lloyd of Berwick Lord Hoffmann Lord Hope of Craighead Lord Clyde OPINIONS OF THE LORDS OF APPEAL FOR JUDGMENT IN THE CAUSE INVESTORS COMPENSATION SCHEME LIMITED ( APPELLANTS) v. WEST BROMWICH BUILDING SOCIETY AND OTHERS (RESPONDENTS) ON 19 JUNE 1997 House of Lords - Investors Compensation Scheme v. West Bromwich Building Society House of Lords - Investors Compensation Scheme v. West Bromwich Building Society House of Lords - Investors Compensation Scheme v. West Bromwich Building Society The meaning of the language The objection to the plain meaning is the inclusion of the words "for undue influence" after "rescission"; for any lawyer would know that there are other grounds on which the investor might claim rescission, for example, on the ground of misrepresentation. Why, therefore, should the draftsman have specifically included one of the grounds on which the investor might claim rescission, but not others? We do not know the answer to this question. It may be that if one had access to the preliminary drafts of the Claim Form, or to the mind of the draftsman himself, the answer would emerge clearly enough. It may be that a claim for rescission on the ground of undue influence was, for some reason, uppermost in the draftsman's mind; so he put the words in. But we cannot go into the draftsman's mind. We having nothing to go on but the words he has used. The inclusion of undue influence is odd, but not so odd as to obscure the meaning. "Or otherwise" must relate back to "whether sounding in rescission." Any other construction would leave "whether" hanging in the air. So "or otherwise" covers claims in contract and tort. It is not limited to other grounds for claiming rescission. The drafting is slovenly. But I do not have any great difficulty with the meaning. It is said that the plain meaning would make the words in brackets otiose. So indeed it would. But words in brackets are often otiose, especially brackets in the format "(whether . . . or otherwise)." They show that the general words which precede the parenthesis are not limited to any particular kind of claim, but cover all claims so long as they are claims for reduction of sums due. What are the alternatives? Mr. Vos submits that section 3(b) means "any claims sounding in rescission (whether for undue influence or otherwise) in which you claim an abatement . . ." I agree with Evans-Lombe J. that such a construction does violence to the language. I know of no principle of construction (whether by reference to what Lord Wilberforce said in Prenn v. Simmons [1971] 1 W.L.R. 1381, 1384-1386 or otherwise) which would enable the court to take words from within the brackets, where they are clearly intended to underline the width of "any claim," and place them outside the brackets where they have the exact opposite effect. As Leggatt L.J. said in the Court of Appeal, such a construction is simply not an available meaning of the words used; and it is, after all, from the words used that one must ascertain what the parties meant. Purposive interpretation of a contract is a useful tool where the purpose can be identified with reasonable certainty. But creative interpretation is another thing altogether. The one must not be allowed to shade into the other………….
  19. one thing for sure is they have no right whatsoever to ask for a stamp addressed envelope if you S.A.R - (Subject Access Request) them. perhaps PT WILL confirm this (this really is the christmas spirit ) "SCROOGE"
  20. there are a hell of these companies setting up being taken over etc " Black Tip Capital Appointments Three to Executive Management Team Added: (Tue May 29 2007) Black Tip Capital Capital Holdings Ltd (Black Tip Capital ) announced today that the firm has appointed three senior executives to its Executive Management Team, all hailing from GE Money: Chris Adelsbach as Chief Executive Officer, Tariq Khan as Director of Legal and Business Affairs and Adam Dalton as Chief Operating Officer. � Chris, Tariq and Adam are world class additions to our management team, which is now ideally structured to ensure that our business achieves its growth targets whilst maintaining our high quality service.�, says Martin Dunphy, Chairman of Black Tip Capital. Black Tip Capital recently acquired Marlin Capital Europe Ltd (MCE), a European purchaser of non-performing loans, and Marlin Financial Services Ltd (MFS), a credit management company. MFS operates a 50 person call centre in Shoreham-by-Sea in the UK. Black Tip Capital is based in London and specialises in the formation, acquisition and management of financial services companies. Chief Executive Officer - Chris Adelsbach joined Black Tip Capital after 12 years with GE including senior management positions in finance, operations, collections, sales and marketing. Prior, he served as Director of New Markets and Director of GE Money Sales Finance and Head of Asset Management, where he led a 300-person team and was responsible for leading the recovery and sales of GE Money�s UK consumer receivables portfolio. Chris is a graduate of the GE Financial Management and Quality Six Sigma Programmes. He has a Bachelors degree in Finance. Chief Operating Officer - Adam Dalton joined Black Tip Capital after 12 years with GE including roles in finance, operations, collections and Quality �Six Sigma�. During the last four years, he specialized in integrating, optimising and establishing collections operations, leading an 800-person team over two sites, and taking responsibility for internal recovery and sales. Prior, Adam, as a key member of GE�s UK Auto-finance senior management team, played a critical role in optimizing the collection of portfolios. Adam is a graduate of the GE Operations Management Leadership and Quality Six Sigma Program. He has a Bachelors of Science degree in Engineering. Director, Legal and Business Affairs - Tariq Khan joined Black Tip Capital after several years as in-house counsel in the financial sector including positions at First National Bank and GE Money. He has a broad range of experience in commercial and regulatory matters. He has served as a member of the GE UK Sales Finance Senior Management Team, responsible for business development and the launch of new products. He has a Law degree from the University of Westminster and is a member of the Bar of England and Wales. It is anticipated that Black Tip Capital will expand into wider financial services markets in the UK and on continental Europe. For further information: Website: Welcome to Marlin Europe, Marlin Financial Services, or e-mail [email protected] " so as usual Cag is one step ahead as we can see where their future business will come from
  21. Welcome to Marlin Europe marlin October 1, 2007 "Marlin Companies Expand Facilities in "The Courtyard" Steyning" The Marlin Companies have expanded their facilities in "The Courtyard" in Steyning, West Sussex. The new space, nearly doubles the capacity of their offices to enable continued growth and expansion of contingency and legal services. This increases the capacity of the operation to 75 staff. at present they have 30 staff and possibly a few goldfish "swimming in deep water getting nowhere" MCE purchases delinquent consumer debt from sub-prime auto finance companies, credit card companies, mortgage companies in respect to mortgage shortfalls, insurance companies, telecommunications companies, private medical providers and other credit grantors and financial services companies. MCE takes the time necessary to understand its clients' needs and takes pride this company keeps on about purchasing for cash so maybe it is an absolute assignment ?
  22. october 2005 very interesting article http://www.marlincapitaleurope.com/MarlinCapitalEuropeDebtarticleforCCRmagazineOct05.pdf in the usa "A major newspaper story from 16 May 2003 read: “The Federal Trade Commission (FTC) has obtained a temporary restraining order against three corporate defendants in Secaucus, New Jersey, halting an alleged nationwide scheme to extract millions of dollars from consumers by falsely threatening them with arrest and prosecution unless consumers immediately paid off non-existent debts.” The complaint alleged the six defendants violated the FTC Act and the Fair Debt Collection Practices Act by: Threatening to initiate civil or criminal charges against consumers if they failed to pay the debt, when the defendants had no intention to do so. Making harassing telephone calls and using abusive techniques to collect or attempt to collect the supposed debts. Falsely claiming that consumers owed up to $130 more than the amount of the actual debt. Stating or implying that certain communications were from a lawyer, when often they were not."
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