HUMBLEMAN vs HFC-WEIGHTMANS COURT ACTION

[humbleman]

I would appreciate if anyone can share their experiences with assignments of debts to Phoenix Recoveries and any subsequent court action with them.

[tedney]

Hello Humbleman

Just had a quick look through this thread. I appreciate that your court date is imminent, so timing is limited, but I too had a NoA from W for Phoenix. When I recieved it, I sent an SAR to HFC, who evetually sent me back some information, including dated statements from the OC, Marbles, dated 10 months AFTER the alleged date of assignment.

For what its worth!

[vjohn82]

I have agreed to attend court with humbleman to assist with his case.

 

Humbleman... you need to contact the original creditor and ask to speak to the debt sale team and ask who the account was sold to and on what date It might come up with something interesting!

[toddle2u]

I would appreciate if anyone can share their experiences with assignments of debts to Phoenix Recoveries and any subsequent court action with them

 

With me they discontinued before it went to Court

[humbleman]

I have agreed to attend court with humbleman to assist with his case.

 

Humbleman... you need to contact the original creditor and ask to speak to the debt sale team and ask who the account was sold to and on what date It might come up with something interesting!

 

Vjohn

 

I will ring them on Monday and see what they come up with, I am pretty sure that there has been no sale of any sort between HFC and Phoenix. What I think is going on is, Phoenix agrees a fee for them using the name to try and complicate things for the debtor.

 

Why on earth would Phoenix buy a disputed debt.

[humbleman]

With me they discontinued before it went to Court

 

toddle

 

at what stage did they discontinue.

[humbleman]

I have just done a search on the FSA register, and Phoenix Recoveries do not appear to be listed with them

[vjohn82]

With me they discontinued before it went to Court

 

Would be interesting to see their POC for this and their Witness Statement

[lilly white]

Have just gone through the tread well not all,

 

 

What on earth is going on?

 

What has been disclosed

 

What have they been ask for?

 

The cca, is well not a cca, should not be enforced

[lilly white]

. In order to prove its claim the Claimant must establish a number of matters.

 

 

Firstly that there was an agreement between myself and xxxxxxxxxxxx Bank,

 

 

secondly that such an agreement complied with the requirements of The Act (and all consequential regulations made thereunder) both at the date of inception and at all times thereafter.

 

 

 

Thirdly it must establish thatxxxxxxxxxxxxxx Bank complied with all of the provisions of the Consumer Credit Act 1974 (“the Act”) in that it must show that it served a proper default notice upon myself prior to terminating the agreement and prior to commencing proceedings.

 

 

Fourthly, if the Claimant was not xxxxxxxxxxxx Bank then it must establish that there was an “absolute assignment by writing under the hand of the assignor” (S136 (1) Law of Property Act 1925). Fifthly that proper notice of any such assignment was given to the Defendant (S196 Law of Property Act 1925.

 

 

 

Finally it must establish that the sums claimed are lawfully owing both at the date of the alleged assignment and at all other times.

 

golden five

 

[vjohn82]

Have just gone through the tread well not all,

 

 

What on earth is going on?

 

What has been disclosed

 

What have they been ask for?

 

The cca, is well not a cca, should not be enforced

 

I revised the WS for humbleman on this... this case is truly shocking Lil.

 

I can't reveal anything here of what I know but I'm not happy. I would consider asking for a transcript of the hearing if it was me but hey... one thing at a time.

 

I think we have all of the bases covered but those golden 5 you posted tie up with what I was thinking of adding into my notes for when I attend with humbleman on Tuesday...

 

Wish us luck!!!

[foolishgirl]

I wish you luck vjohn....

 

You are a star to go with Humbleman. This case certainly needs sorting.

[lilly white]

I revised the WS for humbleman on this... this case is truly shocking Lil.

 

I can't reveal anything here of what I know but I'm not happy. I would consider asking for a transcript of the hearing if it was me but hey... one thing at a time.

 

I think we have all of the bases covered but those golden 5 you posted tie up with what I was thinking of adding into my notes for when I attend with humbleman on Tuesday...

 

Wish us luck!!!

 

oops forgot i was sure there should be six

 

so the 6 golden rule

 

Further, it is submitted that the mere fact of giving a notice does not, of itself, create an assignment and that there must be an actual assignment in existence. It is the actual Assignment, not just the Section 136 notice, under which the Claimant derives title to bring the claim and the Claimant is put to strict proof that such Assignment exists. It is further averred that I am entitled, in any event, to view the document of assignment as a matter of law (Van Lynn Developments v Pelias Construction Co Ltd 1968 [3] All ER 824)

 

 

vj as you know we go back some time on this site and i have watch you develope i am very proud of you and without saying i wish you the best of luck.

 

however please remember it is not the answers we seek but the questions

 

As always kind regards lilly white

 

 

Edited January 8, 2010 by lilly white

[humbleman]

FS LW

 

Vjohn has been doing quite a bit in the background for me, and I am really pleased I have got some company on Tuesday.

 

It is truly shocking especially when their own legal team advises them that the paper they supplied is not enforceable, and I ask what are Phoenix doing buying a disputed debt.

 

All advice is welcome on here to help me and Vjohn prepare for Tuesday

[lilly white]

humbleman.

 

you are in safe hands

 

regards lilly

[foolishgirl]

humbleman.

 

you are in safe hands

 

regards lilly

 

Seconded.

 

Good luck, both of you....

[humbleman]

Received schedule of their costs today a whooping 6K.

[foolishgirl]

Received schedule of their costs today a whooping 6K.

 

Hope you've done yours, HM.

[humbleman]

Hope you've done yours, HM.

 

TBH, I haven't I was really hoping they would have discontinued by now, I am extremely surprised that they have gone so far. They must have been very lucky in the past with the Judges in my area.

[themadcap]

Good luck Humble

[tedney]

Good Luck for tomorrow humbleman:)

[humbleman]

Thanks.

 

With the lottery decisions this days, need all the luck and advice.

[pt2537]

cant really offer any assistance im afraid, landed back in the UK on the 8th jan and have a mountain of cases to review due to the recent High Court and Court of Appeal cases and i have to digest these judgments, so sadly there is little i can do to assist here.

 

sorry

[foolishgirl]

Nice to see you back pt - thought you'd emigrated for good.

(Can't say I'd blame you though if you did!)

[pedross]

Hi humbleman

 

I have read some of your thread but not all so if I am off track ignore me.

 

I have been trying to establish if anyone on the forum knows of a case actually reaching court when the original agreement has been destroyed and they are relying on a copy application without the original terms.

 

It appears not according to the opinion on this thread:

 

Claim Stayed – Due to Unenforceable CCA Test Cases.

 

I am of the opinion that to just refer to terms and conditions without actually stating 'overleaf' or 'attached' does not make them part of the same document. Therefore, without producing the original agreement in court they cannot satisfy the court that you were aware of the prescribed terms when you signed the agreement which would render the agreement 'irredeemably unenforceable' under section 142 of the CCA.

 

In Wilson vs Hurstanger 2007 the judgement made it clear that under section 61 they must be in a single document and 'they cannot be found in another document', which is basically their case.

 

Good Luck tomorrow, stay cool, stay focused.

 

Pedross