Lowells Customers- Put them on notice!!!

[dannyboy660]

If this is the case would not that stop a DCA's hounding people with debts that do not exist.

 

"32.2.4. Assignment of debts

 

Assignment is a process whereby debts are sold on to another organisation, and is common practice within the industry.

For an assignment of a debt to be legally effective, it is necessary to assign both the rights and the responsibilities of the creditor under the agreement.

Partial assignment which, in effect, assigns the right to enforce but not the associated responsibilities will be invalid and will preclude the assignee from enforcing the debt.

There are two types of deed of assignment - equitable and absolute. The first assigns the right to pursue the debt to the assignee but not the obligation of the OC. The second assigns both the rights and obligations of the assignor to the assignee. However, in order for this to be legally binding you as the debtor would have to give your consent to such an assignment.

 

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"

 

 

 

Unashamedly stolen from a post by Rory32 many moons ago. I hope he will forgive me for my idleness by not doing the research myself.

[dannyboy660]

We have a guests viewing!

 

H-E-L-L-O Guests

 

 

H-E-L-L-O, how are you??

 

Like many others, I can't always sign in when I'm reading the threads especially if I'm at work. I'm sorry if this causes you a degree of paranoia but as we've already seen on UK26's war thread, you have to sign in to see some of the docs that are posted and to do that you have to be registered. Therefore it stands to reason you have nothing to fear from 'guests', (or 'ghosts' for that matter) and I believe CAG does have the ability to check out who is actually using the site.

 

I sometimes wonder if the 'Guests warning' that appears in threads is a veiled threat in itself, because it helps keep people away and serves the purpose of the DCA's. It's potentially damaging stuff scaremongering, like the 'they know who you are from your cookies' thing that went around a few months ago. Posters, new and old, have nothing to fear by using the CAG site - provided you are sensible about how much information you volunteer you can remain totally anonymous.

 

I'm sure SP or one of the site's NCO'S will correct me if I'm wrong. :-|

....and check out my IP by all means. I don't want to be accused of being the ham sandwich at the Bar Mitzvah.

 

Just something I wanted to get off my chest.

[dannyboy660]

I certainly resent the comment about scaremongering! it's a pity (and petty) when we cant say hello to 'guests' without causing 'offence'.

 

Regards,

Beachy

 

And I am replying to you 'Hello' !!!.

 

There's nothing petty about putting off people from posting, but it would be a pity if you didn't grasp the point that is being made.

[dannyboy660]

And what part of me saying hello to 'guests' offend you?

 

If my post offended you then the post that followed mine must have really upset you! (Silverfox - I saw the funny side of your post, no offence).

 

Subject as far as Iam concerned is closed, if a lighthearted 'hello' causes offence then I wonder just who's paranoid?

 

There aren't so many trolls around nowadays, as I'm sure the old troll baiters amongst us have noticed. Latest tactic seems to be trying to put people off posting, and one way to do that is create the impression they know who you are by people visiting DCA's sites after CAG via cookies (that's a complete myth), clicking certain links, or the "we are watching you" as was seen on UK26 thread.

I wondered how long it would take, and you just happened to be the first to introduce the 'Guest' thing on this particular thread, when we'd already established that guests are no big deal. Perhaps you missed all that.

 

Let me just quickly make clear I am not suggesting you are Troll, or even one of the bad guys....no offence was intended but I'm just a bit surprised, or perhaps disappointed that you don't seem to grasp the point that's being made.

 

Back to business, I think, with or without paranoid guests.

[dannyboy660]

:D Don't worry DB, we knows ya

 

Sarah

 

You mean.....my covers blown???

 

I only came here to restore confidence in the CAGging system. After saving the banks and then the world, it was the least I could do.

[dannyboy660]

Sorry DB, Gordon got there before you! And look at the mess he's made in the process... Are you volunteering to give him lessons?

 

I'd give him something......but I'm not sure we could get him on the plane to Switzerland to carry it out.

 

 

 

 

 

DISCLAIMER

My apologies if anyone found that offensive. It was intended as a joke from someone who has not been re-educated in these rather unusual (in my opinion) PC days. I'm new in town......

[dannyboy660]

Irrelevant nonsense post removed.

Edited February 22, 2009 by dannyboy660
Irrelevant post made under the afluence of incohol.....

[dannyboy660]

I'm glad you've raised this DB.

I regularly visit DCA's web sites. I'm looking for information about them. Do I want to be logged in here when I do that? Do I heck!

Where perhaps I might have been better served learning how to write to DCAs without quaking, I've been finding information which I bring back here. And when I'm not here it's generally my health that's to blame, or the fact that I'm trying to write a book, when I have chance! Sometimes I'm half-asleep, sometimes I'm just dealing with my own problems. Reading someone's thread when I'm logged in doesn't necessarily mean that I'm preparing to reply, or even that I want to be noticed, so sometimes I don't log in for that reason. I'm not comfortable suggesting letters for people to write, because I have no confidence doing them myself. Other people are much much better at doing that than me. But I'm reading the threads because, like most people, I gain courage and heart to stand up to these companies, and if I think I can help I will. When UK26 returned from court this week, I was literally chilled to my bones in a friend's house in Whitby, trying to keep a fire going in their front room. My IP address would probably have been Sheffield. The next day I was in Whitby Library.

Does this make me a spy? No it doesn't, because I'm not. But the thought (and the paranoia) does freak me out considerably.

UK's court case thread is private for a reason specified on the day it was made private. I'm very sorry the particular individuals to blame were from Leeds, but not everyone visiting, or even from the North of England, or from the South, East or West and adjoining isles that make up the whole of the United Kingdom, are here to spy.

Sometimes I read the forum in the early hours, when I should be asleep but either I can't or I'm having a near panic attack. Or I'm very doped up on medication. I keep that to myself, because I'm no use to anyone then, but the very existence of CAG gets me through the night.

I don't like the 'waving' either. I think it puts people off joining. Sometimes there's a need for privacy, and I think the Site Team have got that covered. But for genuine guests it's a bit like a smack in the face.

Leave them alone. As people here have said many times, the trolls tend to show themselves up sooner or later. They're pretty rare, and they tend to be pretty thick too!

 

Wow. Sosumi, that's a mighty post!!

 

I think, no, I can honestly say that CAG is one of the rally points for everyone who wants to see some honesty and openess in the economic workings of the UK and it's partners today.

Let's not put people off joining in by creating an unnecessary fear.

Edited February 22, 2009 by dannyboy660
Removal of irrelevant link & clarification

[dannyboy660]

I had a debt with black horse and suddenly got a letter from DLC debt collectors saying they now owned the debt. Can someone tell me if black horse should have informed me that they were selling the debt.

 

32.2.4. Assignment of debts

 

Assignment is a process whereby debts are sold on to another organisation, and is common practice within the industry.

For an assignment of a debt to be legally effective, it is necessary to assign both the rights and the responsibilities of the creditor under the agreement.

Partial assignment which, in effect, assigns the right to enforce but not the associated responsibilities will be invalid and will preclude the assignee from enforcing the debt.

There are two types of deed of assignment - equitable and absolute. The first assigns the right to pursue the debt to the assignee but not the obligation of the OC. The second assigns both the rights and obligations of the assignor to the assignee. However, in order for this to be legally binding you as the debtor would have to give your consent to such an assignment.

 

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

Edited February 22, 2009 by dannyboy660
removal of irrelevant link