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    • pop up on the MCOL website detailed on the claimform. [if mcol is not working return after the w/end or the next day if week time] .  register as an individual  note the long gateway number given  then log in .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform .  defend all  leave jurisdiction unticked  you DO NOT file a defence at this time  click thru to the end  confirm and exit MCOL. . .  get a CCA Request running to the claimant https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/  leave the £1PO blank and uncrossed . .  get a CPR 31:14 request running to the solicitors [if one is not listed send to the claimant] . . https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ . . type your name ONLY no need to sign anything . you DO NOT await the return of paperwork. you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]   …………..   yes I know thats 3 CCA requests sent but by golly will it make them squirm if they don't reply this time in your defence   
    • Hi,   We had a car at my sisters house on the driveway. It had no tax or MOT. We booked it into the MOT, and began driving to the pre-booked MOT. On the way, it was clear there was something wrong with the car above 40MPH, some knocking sounds and the engine went into limp mode. Half way through the journey, we diverted and drove to our garage instead, and then reported this to the MOT center.    We fixed the problems a week later (at our garage), booked the MOT again, literally drove up the road to make sure the problem was fixed, turned around, went back to the garage before heading back out for the MOT center less than an hour later where it had passed and then drove back to the garage.    We've since received a letter from the DVLA to say we have a £350 fine for having no tax on the vehicle. We don't know if this was from the initial attempt to go to the MOT, or if this was from a camera which happens to be near our garage on the second attempt. We've appealed, sending proof of the MOT's and have not heard anything for a week.    I just want to know if we actually did anything wrong? We didn't stop anywhere else or use the car for any other purpose.    Thanks!
    • I think it was from 18months ago.    You’ll probably think I’m fussing again but I’ve got a feeling they’ll take mine further due to the shear amount that is owed, I’ll be astounding if they don’t. 
    • as I said read the date of the thread many moons ago.   its not illegal either, debt is a civil matter not a criminal one.   dx  
    • Hi Andy   Thank you for the link, it was very helpful, appreciate it.    I was actually made to feel quite 'stupid' and felt as if i was wasting the forums time on this thread after DX's comments in post #38.      Please see attached the necessary documents, please do let me know if you require anything else, many thanks.   Files attached:  - Default Notice   - statement of Default Notice  - Reconstituted Agreement & T&Cs - 3 different sets   P.S - sorry about the quality of the T&Cs, the high quality files were too large and had to reduce them.   Thanks, Roland   Exhibit JK1.pdf
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roncarr

Who does the NOA come from?

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Would anyone on here know who the Notice of Assignment has to come from?

I have had 2 and they have both come from the DCA. Its easy to work this out from the envelopes/postmark. Now they both look as though they are from the original creditor as it looks like their letterhead but the letterheads are not legal as they do not have the original creditors address, VAT number nor company registration number. What the DCA has done is copy the logo/name of the original creditor.

Now I think this has to be illegal and have reported the matter to the OFT and the Companies Investigation Branch-that's the people who investigate companies on behalf of Companies House. Well you have to have a bit of fun with these muppets don't you!!!!

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A Notice of Assignment must be served by the Assignor;

not the Assignee.

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Furthermore, one should also be advised that the Data Controller has changed;

the Assignor should advise on this matter, as well as the Assignee.

 

In practice, rarely do they perform this required task!

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So the've buggered up then-just as I thought.

 

This is the general way with DCA's ;-)

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Furthermore, one should also be advised that the Data Controller has changed;

the Assignor should advise on this matter, as well as the Assignee.

 

In practice, rarely do they perform this required task!

 

For credit marking and reporting there should be a clear instruction over which party will maintain data processing for the account.

It is legitimate for the OC to continue to process or else it can be the assignee-but there should be clarity and the defaulter/debtor should be advised.ICO guidance states this.


Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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