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Showing results for tags 'uneforceable'.
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I'm pretty sure this can be done using the law / courts if necessary - my problem is that I don't know what laws to cite and I don't have the funds to go and see a specialist solicitor.... The story in brief: I had a credit card with MBNA. MBNA (improperly [i believe]) assigned the debt to IDEM in 2012. IDEM and I fell out in 2013 - I stopped paying. We went through the tos and fros of asking them to provide paperwork. They couldn't - they defaulted the debt in December 2013 and (improperly [i believe]) assigned the debt on to Arrow Global at the end of 2015. Arrow Global appointed Shoosmiths solicitors to pester me ... cutting a lot of crap out, I asked for sight of the (last) DEED of assignment citing the Pelias Construction case and Lord Denning's words about an alleged debtor having proof that the person demanding payment has the right to do so and that any payment on his (the debtor's) part would extricate himself from being in debt... About a month ago, they (Shoosmiths) wrote back to me to tell me that they cannot provide any documentation at this point and will be discontinuing all collection activity forthwith. I have since called Shoosmiths to ask whether their client is going to remove the default notice from my CRA file as they know they can't enforce the debt (don't have the paperwork). Cutting to the quick I was told that they believe I owe them the money but just can't prove it and as a result they feel they "have the right to protect other lenders from me".... Clearly leaving default notices littered over my CRA file is very unfair. I feel like I am facing the consequences (at least in part) and treated as though guilty. Arrow Global are not a court - nor are Shoosmiths. If they cannot or will not proceed to court as I have been threatened so often where the question of who owes what to whom could have been addressed and properly adjudicated, HOW DO I GO ABOUT INSISTING THEY REMOVE THE DEFAULT NOTICE? What law(s) can I cite in any letter demanding this be removed / suppressed until proof does come to hand and / or who do I write to in their place and / or how do I get a court order for its removal and if I set about taking them to court, does the onus of "proof" then fall back on me? Any help would be appreciated. FWIW I know that this will have to fall off the end anyway in a couple of years or so - but in the meanwhile, we'd like to move house and having this mark there is preventing us from being able to effectively transfer our mortgage.
An OC attempted to take me to court 3 or so years ago over a credit card debt. They had sent 3 defective default notices (date issues), the DN's themselves included mis-sold PPI. It went to court with the judge awarding me costs and giving the OC 40 days to cough up the legal agreement. 4 months later it finally turned up, reconstituted without the T&C's within the signature box and I wrote to the OC and the court quoting Res Judicata. The court stated my letter should rest on file and heard nothing from the solictors/OC in over 3 years. Recently got a letter from the OC saying that they have finally upheld my complaint for missold PPI. Sent the form off to find that they have applied it to my 'arrears'. Have just written to them telling them that that is totally unacceptable I know that they have the right to offset an account if their are arrears and I also know that if the debt has been sold on, they have to pay the funds direct to me. However, what isn't clear is what happens in situations like this where it has gone to and through court and is unenforceable on so many counts. Does anyone know? Cheers, Bel