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    • Speaking of the reformatory boys, here they are with all of their supporters, some of whom traveled with them from miles away, all carefully crammed together and photographed to look like there were more than about 80 .. rather like Farages last rally with even fewer people crammed around what looked like an ice cream van or mobile tea bar ... Although a number in the crowd apparently thought they were at a vintage car rally as they appeared to be chanting 'crank-her'. A vintage Bentley must be out of view.   Is this all there is? Its less than the Tory candidate. - shut up and smile while they get a camera angle that looks better
    • in order for us to help you we require the following information:- Which Court have you received the claim from ? Canterbury If possible please scan redact and upload a full page copy of page 1 of the claim form. ( Name of the Claimant ? Moneybarn No 1   How many defendant's  joint or self ? One Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 29/05/24 Acknowledged by 14/06/24  Defence by 29/06/24  Particulars of Claim PARTICULARS OF CLAIM   1.  By a Conditional Sale Agreement in writing made on 25th August 2022. Between the Claimant and Defendant, the Claimant let to the Defendant on Conditional Sale. A Ford Ranger 3.2 TDCi (200 P S) 4x4 Wildtrack  Double Cab Pickup 3200cc (Sep.2015) Registration No, ******* Chassis number ***************** (“The Vehicle”).  A copy of the agreement is attached   2.  The price of the goods was £15,995.00.  The Initial Rental was £8500.00.  The total charge for credit was £3575.;17 And the balance of £11,070.17 was payable by 59 equal consecutive monthly instalments of £187 63. payable on the 25th of each month.   3.  The following were expressed conditions of the set agreement,   Clause 8: Our Right to End this Agreement  8.1   Subject to sending you the notice as required by law, any of the following events will entitle us to end this Agreement: 8.1.2  You fail to pay the advance payment (if any) or any of the payments as specified on the front page of this agreement or any other sum payable under this Agreement. 8.1.3 If any of the information you have given us before entering into this Agreement or during the term of this Agreement was false 8.1.4 We consider, acting reasonably, that the goods may be in jeopardy or that our rights in the goods may otherwise be prejudiced. 8.1.5 If you die 8.1.6 If a bankruptcy petition is presented against you; if you petition for your own bankruptcy, or make a live arrangement with your creditors or call a meeting of them. 8. 1.7 If in Scotland, you become insolvent or sequestration or a receiver, judicial factor or trustee to be appointed over any of your estate, or effects or suffer an arrestment, charge attachment or other diligence to be issued or levied on any of your estate or effects or suffer any exercise, or threatened exercise of landlords hype hypothec 8.1.8 If you are a partnership, you are dissolved 8.1.9 If the goods are destroyed, lost, stolen and/or treated by the insurer as a total loss in response to an insurance claim. 8.1.10 If we reasonably believe any payment made to us in respect of this Agreement is a proceed of crime. 8.1.11 If steps are taken by us to terminate any other agreement which you have entered into with us.   Clause 9.  Effect of Us Terminating Agreement   9.1 If this Agreement terminates under clause 8 the following will apply 9.1.1 Subject to the rights given to you by law, you will no longer be entitled to possession of the goods and must return them to us to an address as we may reasonably specify, (removing or commencing the removal of any cherished plates) together with a V5 registration certificate, both sets of keys and a service record book. If you are unable or unwilling to return the goods to us then we shall collect the goods and we'll charge you in accordance with clause 10.3 9.1.2 We will be entitled to immediate payment from you for all payments and all other sums do under this agreement at the date of termination 9.1.3 We will sell the goods or public sale at the earliest opportunity once the goods are in a reasonable condition which includes a return of the items listed in clause 7.1.4 9.1.4 We will be entitled to immediate payment from you of the rest of the Total Amount Payable under this agreement less: ( a) A rebate for early settlement ias required by law which will be calculated and notified to you at the time of payment (b) The proceeds of sale of the goods (if any) after deduction of all costs associated with finding you and/or the goods, recovery, refurbishment and repair. Insurance, storage, sale, agents fees, cherished plate removal, replacement keys, costs associated with obtaining service history for the goods and in relation to obtaining a duplicate V5 registration certificate   4, The following are particulars required by Civil Procedure Rules. Rule 7.9 as set out in 7.1 and 7.2 of the associated Practice Direction entitled Hire Purchase Claims:-   a)     The agreement is dated 25 August 2022. And is between Moneybarn No1 Limited  and xxxxxxxxx under agreement number 756050. b)    The claimant was one of the original parties to the agreement. c)    The agreement is regulated under the Consumer Credit Act 1974. d)    The goods claimed Ford Ranger 3.2 TDCi ( 200 PS) 4x4 Wildtrack Double Cab Pickup 3200 cc (Sep2015} Registration No ^^^^^^^ Chassis number ***************** e)     Thw total price of the goods £19570 f)     The paid up sum £1206 5 g)    The unpaid balance of the total price £7505 (to include charges) h)    A default notice was sent to the defendant on 20th February 2024 by Firrst class post i)      The date when the right to demand delivery of the goods accrued 14 March 2024 j)      The amount if any claimed as an alternative to delivery of the goods 7505 22 include charges ]= 5.  A the date of service of the notice the instalments were £562.89 in arrears. 6. By reason of the Termination of the Agreement by the notice, defendant became liable to pay the sum of £7502 7. The date of maturity the agreement is 24th August 2027. 8. Further or  alternative by reasons of  the Defendant breaches of the agreement by failing to pay the said instalments, the Defendant evinced an intention no longer to be bound by the Agreement and repudiated it by the said Notice the claimant accepted that repudiation 9. By reason of such repudiation the claimant has suffered loss and damage.   Total amount payable £19570 Less sum paid or in arrears by the date of repudiation £12064 97 Balance £7505 (to include charges.) ( The claimant will give credit if necessary for the value of the vehicle if recovered.)  The claimant therefore claims 1.    An order for delivery up of the vehicle 2.    The MoneyClaim to be adjourned generally with liberty to restore,  Upon restoration of the MoneyClaim following return or loss of the vehicle. the Claimant will ensure the pre action protocol for debt claims is followed. 3.    Pursuant to s 90 (1)  of the Consumer Credit Act 1974. An order that the Claimant and/or its agents may enter any premises in which the vehicle is situated in order to recover the vehicle should it not be returned by the Defendant 4.    further or alternatively damages 5.    costs.   Statement of truth The Claimant believes that the facts stated in these Particulars of Claim are true. The Claimant understands that the proceedings for contempt of court may be brought against anyone who makes or causes to be made a false statement in the document for verified by statement of truth without an honest belief in its truth. I am duly Authorised by the Claimant to sign these Particulars of Claim signed Dated 17th of April 2024   What is the total value of the claim? 7502   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No   Never heard of this   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Did you inform the claimant of your change of address? n/a Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? No   When did you enter into the original agreement before or after April 2007 ? After  Do you recall how you entered into the agreement...On line /In branch/By post ? In a garage  Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes  Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Original Were you aware the account had been assigned – did you receive a Notice of Assignment? n/a   Did you receive a Default Notice from the original creditor? They said sent but nor received   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? None seen   Why did you cease payments? Still Paying,   What was the date of your last payment? Yesterday  31st May 2024   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes on 12 Feb 2024   What you need to do now.   Can't scan, will do via another means as you cant have jpg
    • Now that is an interesting article which adds afew perspective that I hadn't thought significant - but on reflection of the perspectives offered ... Now Starmer is no Blair, however 'blairite he may be perceived, but the Tories aren't tories and aren't even remotely liberal   The fast 'unannounced and unexpected election call from sunack may well be explained by the opinion linked that he hoped reform would be unprepared and effectively call a chunk of Farages largely empty bluster - making him look even more of a prat, leave scope for attacks on shabby reform candidates and mimimise core vote losses to reform - while throwing the 'middle ground' (relative) tories TO THE DOGS - and with the added bonus of likely pacifying his missu' desire to jogg off to sunny cal tout suite somewhat   thumb in the air - I expect about 140ish tory seats, but can hope for under a hundred Reform - got to admit the outside possibility of 1, maybe 2 seats with about 8% of the vote - but unlikely. I think projections of over 10% of the vote for reform is nudged and paid for speculation - but possible with the expected massive drives from Russian, Chinese and far right social media bot and troll prods targeting the gullible.
    • Commentary June 2024 WWW.ELECTORALCALCULUS.CO.UK Interesting article about just how bad it could be for the Tories.  Also Tories could be hoping on Reform not having candidates in many seats, as they were not ready.  
    • Even a Piers Morgan is an improvement and a gutless Farage Piers Morgan calls for second Brexit referendum WWW.THELONDONECONOMIC.COM Piers Morgan and Nigel Farage have faced off over Brexit and a second referendum in a heated reunion on BBC Question Time.   “Why don’t we have another referendum about Brexit?” he questioned. “I seem to remember when 2016 came around we were told there was going to be control of our borders and it was going to be economically beneficial to this country. And eight years later we have lost complete control of our borders… and economically it seems to have been a wilful act of self-harm.”   ... Piers missed off : after all somebody said a 48/52 decision would be "unfinished business" by a long way - was that person just bul lying (again)  
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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Agree to any newbies reading, never never give personal information to anyone offering help via personal mail. If advice given is so readily on offer if can be given on the open forum with no need for personal details or personal info. Dcas do read these forums and we know they dont have our interest at heart:D.

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Dear Spacemonkey

 

What you have to understand is, the majority of people who use this forum have been at the end of their rope because of the tactics of scurrilous DCA's. I for one have been so scared to answer the phone or pick up my post due to the underhand, unlawful and down right thuggish acts of two notorious DCA's who have had their knuckles rapped for their trouble (Ist Credit and Connaught Collections).

 

Ist Credit said that they were the "owner" of the debt and Connaught Collections were acting on their behalf. The alleged original creditor didnt even appear on the SD!

 

Because we are at the sharp end of the actions of DCA's we have experienced things that you say shouldnt happen.

 

Declaring you work for a DCA (I know, I know! not as a debt collector) and declaring that you want to help us was bound to stir suspicion, especially seeing as you offered to give me advice on a SB debt in private, you have to understand that some DCA's have printed out threads from the forum to use as evidence in court!

 

You said that you havent lied, well you may not have lied per se but you have been economical with the truth. I originally asked you how debts are aquired and if bought how were they bought - your answer was "Debts are not purchased this idea has been banded around for some time now" This was a catagorical statement, there were no adendums for your company or your experience this was blunt black and white statement. It was only when other posters took you to task on this you admitted that some debts were purchased.

 

As someone who works for an industry who is posting on a consumer forum in support against that industry it is only natural that we are going to question your motives, the authenticity of your desire to help will be in question and where, as I said before; do your loyalties lie?

 

Personally it doesnt affect me if you post on here and "help" people because I can learn little from you, you havent answered my questions or given me credible answers, I do however worry on behalf of members of the forum who will take your word for gospel or divulge something they shouldnt and jeaopordise their case.

 

My reasoning behind asking you to speak about your SB in private message was on the basis that should it in turn appear to have come from the company i work for then i would be in a difficult situation. I am unaware of DCA's using such forums as evidence in court rooms - i have read the letter from a DCA regarding this forum and her response in kind. But as for those forms of action i was unaware.

 

Granted i should have made the point of purchased and non-purchased debt more clear but i believe i have covered this point to a great extent now.

 

AS for my motives, i work within the DCA industry yes. This is not my industry background. I have also been, as stated before a victim of DCA's please feel free to check MSE forum. As such i thought it would be welcomed to know that there is someone who could maybe help in what ever way they could by showing a different side of the fence.

 

TBH i CBA much any more i offered i hand that was refused in a way which was surprising. Dare i say it maybe the responses go against the ethic of this site and i believe the forum rules?

 

No one should take any ones word as gospel from an open internet forum, to do so would be utterly foolish. So i would never incite or recommend anyone to do so, not from my advice or any other persons advice on this forum. Be them claimed expert or otherwise.

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Agree to any newbies reading, never never give personal information to anyone offering help via personal mail. If advice given is so readily on offer if can be given on the open forum with no need for personal details or personal info. Dcas do read these forums and we know they dont have our interest at heart:D.

 

Correction do not give personal details out in the open forum either! There are more than DCA's who might read this forum!

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I am sorry you have been a victim of a DCA, but to go and work for one, you then lose my sympathy.

 

I am aware of 3 CAG members where the DCA has used posts against them in court.

 

This is my last post on this thread as it is pointless

US President Barack Obama referred to Ugland House as the biggest building in the world or the biggest tax SCA* in the world.

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Guest Cartaphilus
No one should take any ones word as gospel from an open internet forum, to do so would be utterly foolish.

 

No, they should not. :eek::rolleyes:

 

I have also been, as stated before a victim of DCA's please feel free to check MSE forum.

 

I might just do that.

Dare i say it maybe the responses go against the ethic of this site and i believe the forum rules?

 

Hmmm. Reversal?

 

Oh, well, I'll leave you to it.

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Of course this only becomes apparent when the defendant has the knowledge, capacity and 'audacity' to erm defend and even then they have to get the judge to see through the smoke and mirrors to ascertain who actually does hold title.

It seems to be industry practice to plead that the deed of assignment is sensitive and not neccesary and many low level judges seem all to eager to accept this whilst ignoring the fact that the defendants financial and personal details are no more no less sensitive. A well argued defence should ensure that the deed and any contract attached to the deed must be presented, strangely the DCA's are often loathe to actually prove legally that they own the debt when pressed.

 

One wonders what would ever happen to the debt 'purchase' industry model in the event an HMRC commisioned investigative bureau were ever to trace the full and true path of the 'debt' from default stage and the quickly burgeoning fees which bloat the paper value of the debt through to writedown and eventual sale and then subsequent sales, collections, writeoffs.

 

I've a sneaky feeling more than one instance of double accounting would be found in many cases with written down debts reinflated and re-entering the balance sheets. Securitised debts are often sold caveat emptor then underperforming accounts quietly transferred back to the originator to keep the securitisation performing.

 

Your assertion that debt purchase is not as common as we would believe only bolsters my suspicions that regardless of the DCA's claims to the debtor, alleged debtor or even judge, often they are in fact collecting for the OC who desire to be distanced from an industry that was described in parliament as 'Rotten to the core'.

 

The actual deed of assignment shows what the DCA paid for the debt - usually not more than 20p in the £. Hence the unwillingness to produce it. Have you actually seen or heard anything to suggest that debts are passed back under the table to OCs or indeed actually still owned by them when they have claimed to have sold them?

"Why CCJ when you can CCA!"

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I am sorry you have been a victim of a DCA, but to go and work for one, you then lose my sympathy.

 

I am aware of 3 CAG members where the DCA has used posts against them in court.

 

This is my last post on this thread as it is pointless

 

Yes i see your point i should remain unemployed to satisfy comments like that. Get real in today's market a job is a job and i am grateful to be able to provide for my family

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Guest Cartaphilus
So i would never incite or recommend anyone to do so, not from my advice or any other persons advice on this forum.
So, how were you going to offer help then if you say that above? Also, I always tell the truth, I also speak openly about things as they are not as how they should be 'perceived' or seen to be or TBH 'believe to be' ... I also look for the truth in matters in whatever I read, hear or see to get to the real issue at hand. It also expands my knowledge like anything else in life. Things I don't know about or am unsure about I won't post, seems sensible to me. Because I'll tell you why: a very long time ago I became a very popular person, so much so that many came to rely on me, I didn't want to be popular, in fact I don't seek it and am a very private person but it happened. It happened because I was kind, offered help to people, was able to provide them the knowledge they needed to overcome a barrier in their lives at that point, simply by being there are the right moment. I offered that help with no catches it was simply how I am.

 

On the other hand, I began to worry very deeply ... about the responsibilities involved. So I ceased doing so once I began to appreciate more how many had come to rely on me. Just so happens that the things I'd learnt through simply living through them were the right kinds of knowledge that was needed at the time.

 

But I still do not understand why you would go to work as you said you did ... for the very thing that has caused you so much pain? I worked for someone once I know I couldn't do it again because of the attrocious behaviour I saw going on between not only staff but because of how they treated the public, apallingly. It's the thing that what the public never see, never get to learn about. So I'd imagine that working in this industry is going to be, shall we say, playing on your 'conscience' a lot whether you were hurt by it or not. Or may do.

 

Get real in today's market a job is a job and i am grateful to be able to provide for my family

 

But you said you went to work for them because of the pain you'd suffered at their hands originally? Are you now changing that to it 'being purely a job' and that's all it is? A means to an end, even though as you said it was within the industry that caused you so much pain? Yes, those on the receiving ends of this industry also have families - some don't they face all of it alone - and suffer the same pain.

 

BTW, I do not want to fight with you, I just want to understand you a little better. :)

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The actual deed of assignment shows what the DCA paid for the debt - usually not more than 20p in the £. Hence the unwillingness to produce it. Have you actually seen or heard anything to suggest that debts are passed back under the table to OCs or indeed actually still owned by them when they have claimed to have sold them?

 

Where the debt is not purchased the debt does still belong to the OC. However once the contracted period has elapsed lets say 12 months for instance then the DCA will stop working on behalf of the OC.

 

Some DCA's continue to work on the behalf of the OC on non-purchased debt if the debtor is indeed in a form of repayment plan.

 

For risk of being shot down that is the general conception i get from my experience

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So, how were you going to offer help then if you say that above? Also, I always tell the truth, I also speak openly about things as they are not as how they should be 'perceived' or seen to be or TBH 'believe to be' ... I also look for the truth in matters in whatever I read, hear or see to get to the real issue at hand. It also expands my knowledge like anything else in life. Things I don't know about or am unsure about I won't post, seems sensible to me. Because I'll tell you why: a very long time ago I became a very popular person, so much so that many came to rely on me, I didn't want to be popular, in fact I don't seek it and am a very private person but it happened. It happened because I was kind, offered help to people, was able to provide them the knowledge they needed to overcome a barrier in their lives at that point, simply by being there are the right moment. I offered that help with no catches it was simply how I am.

 

On the other hand, I began to worry very deeply ... about the responsibilities involved. So I ceased doing so once I began to appreciate more how many had come to rely on me. Just so happens that the things I'd learnt through simply living through them were the right kinds of knowledge that was needed at the time.

 

But I still do not understand why you would go to work as you said you did ... for the very thing that has caused you so much pain? I worked for someone once I know I couldn't do it again because of the attrocious behaviour I saw going on between not only staff but because of how they treated the public, apallingly. It's the thing that what the public never see, never get to learn about. So I'd imagine that working in this industry is going to be, shall we say, playing on your 'conscience' a lot whether you were hurt by it or not. Or may do.

 

In that essence you have summed up the reason of my original posting.

 

But i have just posted a few minutes ago that unfortunately i am not in the position to refuse any form of employment. If i was to do so i would be stupid as would any other person in today's market. It would also put me into the hands of the more scrupulous DCA's out there when i cannot afford to pay my bills.

 

It must be said that from what i have seen non of the illegal activities conducted by some DCA's mentioned have been witnessed by me at the company i currently work for.

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But you said you went to work for them because of the pain you'd suffered at their hands originally? Are you now changing that to it 'being purely a job' and that's all it is? A means to an end, even though as you said it was within the industry that caused you so much pain? Yes, those on the receiving ends of this industry also have families - some don't they face all of it alone - and suffer the same pain.

 

BTW, I do not want to fight with you, I just want to understand you a little better.

 

No sorry i dont know if i did not put it across right or it was misunderstood but i did not go to work for a DCA because i had any form of contact with them through debt it was on the basis i needed to work.

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Correction do not give personal details out in the open forum either! There are more than DCA's who might read this forum!

 

 

Well anyone reading this thread and my post along with yours would know what I was refering too, when becomming a member caggers are advised not to give out personal information, that is why we have a cagger id and dont use name, anyone accidently giving such information finds a friendly site team member with a editing brush:grin:

 

Its also common sence and my post refered to you asking for information to supposedly as you say see if your company was involved and therefor you would feel I suppose a conflict of interes,:eek:

 

DODGY

 

A says to forum I have a problem with dca, what shall I do. General response is normally enough to give indication of what to do next.

 

I ask anyone here,:grin: since when is any dca and expert at debt law?:grin::grin::grin:They are expert harassers8)

 

HAHAHAHAHAHHH I nearly pe*d my p*nts.

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Well anyone reading this thread and my post along with yours would know what I was refering too, when becomming a member caggers are advised not to give out personal information, that is why we have a cagger id and dont use name, anyone accidently giving such information finds a friendly site team member with a editing brush:grin:

 

Its also common sence and my post refered to you asking for information to supposedly as you say see if your company was involved and therefor you would feel I suppose a conflict of interes,:eek:

 

DODGY

 

A says to forum I have a problem with dca, what shall I do. General response is normally enough to give indication of what to do next.

 

I ask anyone here,:grin: since when is any dca and expert at debt law?:grin::grin::grin:They are expert harassers8)

 

HAHAHAHAHAHHH I nearly pe*d my p*nts.

 

At no point have i made out that i am an expert in debt law lol

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Where the debt is not purchased the debt does still belong to the OC. However once the contracted period has elapsed lets say 12 months for instance then the DCA will stop working on behalf of the OC.

 

 

Time to shoot this one down, if this is the case then why do I and others get contacted on a yearly basis by idiot DCA's like robbingscum way and 1st crudit on debts that are clearly in dispute, but becaue they have PURCHASED them, as stated in their THREAT-O-GRAMS, they still try and collect with their idle threats, as stated robbingscum and 1st crud, send me a court summons PLEASE, I am sick of your yearly pathetic attemtps to collect - especially if as stated by this poster YOU DONT BUY DEBTS

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and did you not say that a stat demand must come from the OC?

 

well guess what, this is from a new poster today

 

2. The Stat Demand has been served by the creditor Lowell Portfolio I Ltd and was assigned to them by SAV Credit Ltd last year who are listed in Part C as the original creditor. The original account was actually with HFC (Marbles) and they are not mentioned at all on the Stat Demand. Does this invalidate it? Obviously, no supporting paperwork was supplied such as the notice of assignment etc...

3. The amount claimed (>£12k) is higher than the amount on the origianl (invalid) default notice sent by Marbles.

Apologies to the Original poster for hi-jacking some of his thread

 

Do come back when you have something useful to say

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Again refer to the post completely in regards of DCA's purchasing and not purchasing debt to educate yourself properly please.

 

If in the instance where the debt is in dispute, and you have informed the DCA of this you should then report them to the CSA if they are members. If they are not members then to the OFT.

 

Where this occurs it is likely that they have purchased a portfolio in which your debt was included. If you have informed 1st credit that you dispute the amount and they have not forwarded this information to the DCA on passing your debt to them then they are at fault.

 

If the DCA continues to contact you for payment terms without resolving the disputed amount first then they are also in breach of the regulation.

 

send me a court summons PLEASE, I am sick of your yearly pathetic attemtps to collect

 

Again i repeat i am not a collector so it is not ME who is contacting you.

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Is it script monkey or spacemonkey,

Sorry m8 but we have heard all your we want to help you crap on many occasions,

Do yourself a favour and let us look after ourselves and maybe look for a Career change.

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Sorry you have lost me there

 

I only jest! :)

 

31.9.33 Equitable assignment of a right of action

 

 

 

An assignment of a right of action which does not comply with the requirements of section 136(1) of the Law of Property Act 1925 (see paragraph 31.9.29) may amount to good equitable assignment. The official receiver must bear in mind that with an equitable assignment of a legal chose the assignee may sue the debtor party in his own name but, as the legal title remains vested in the assignor, the company or trustee must be joined in the proceedings before the assignee can recover any damages (Weddell and Another [1988] 1 Ch 26). With an equitable assignment of an equitable chose and where the whole of the interest is vested in the assignee (ie it is an absolute assignment) the company or trustee need not be joined in the proceedings (Cater v Croydon Canal [1834] 4 Y & C Ex 593)

link

 

So from your experience it's usually an equitable assignment of legal chose based on a contract, as the OC retains an interest (not absolute) it is over a fixed period of time.

 

But when the OC washes his hands of the debt, it can then become an equitable assignment of equitable chose (Absolute), which is when things can turn ugly.

 

Do some of the DCA's use their so called in house solicitors to issue a claim on behalf of the OC who has no interest in the debt?. As the contract is confidential, is it to hide their own interest in the debt and to avoid liability?

Edited by sickboy
Oops confused myself there! lol
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I only jest! :)

 

 

 

link

 

So from your experience it's usually an equitable assignment of equitable chose based on a contract, as the OC retains an interest (not absolute) it is over a fixed period of time.

 

But when the OC washes his hands of the debt, it can then become an equitable assignment of equitable chose (Absolute), which is when things can turn ugly.

 

Do some of the DCA's use their so called in house solicitors to issue a claim on behalf of the OC who has no interest in the debt?. As the contract is confidential, is it to hide their own interest in the debt and to avoid liability?

 

Sick boy thank you for taking my thread seriously unlike other comments on this post.

 

On a non-portfolio purchased debt the OC remains ownership of the debt in its entire form. The DCA work as agents for the OC for the collection of monies owed. There are varying forms of this dependant on the debt owed CCA and non credit debt are definably different and has different laws proceeding the action that can be taken, as i am sure you are aware.

 

Hence forth why CCA debt is in general purchased debt on large scale. Some DCA's will claim to have purchased debt or their agents shall we say will claim to have when in fact they are only acting as agents.

 

Some DCA's do use there form of in-house solicitors to issue and produce different claims yes. Some of these "in-house" parties are in fact associates of the DCA or have some form of interest within its business.

 

For example if a debt (non purchased) is passed to a DCA and the DCA is not receiving payment from the debtor then dependant on contract they will issue a SD. The follow up process of the SD would then be passed to the OC or client if they wished to do so. This is a common practice.

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You've completely lost him now. He is obviously only the tea boy - and we haven't even got to Default Notices and unlawful rescission yet.:D Goodness know what he will do when we start on multi agreements.:lol:

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and did you not say that a stat demand must come from the OC?

 

well guess what, this is from a new poster today

 

2. The Stat Demand has been served by the creditor Lowell Portfolio I Ltd and was assigned to them by SAV Credit Ltd last year who are listed in Part C as the original creditor. The original account was actually with HFC (Marbles) and they are not mentioned at all on the Stat Demand. Does this invalidate it? Obviously, no supporting paperwork was supplied such as the notice of assignment etc...

3. The amount claimed (>£12k) is higher than the amount on the origianl (invalid) default notice sent by Marbles.

Apologies to the Original poster for hi-jacking some of his thread

 

Do come back when you have something useful to say

 

No i did not say the SD must come from the OC. The DCA will consult with the OC prior to issue of the SD!

 

Again please re-read the post.

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Point to note

 

In cases of a disputed debt there is a clear procedure that a DCA should go through depending on the type of debt also

 

1) Ignore dispute.

2) Continue harrassment as before.

3) Pass/sell debt on to another DCA.

4) Goto (1).

As of 03/03/12 please do not under any circumstances wait for my further input or guidance on any current thread or defence of a court claim I might have been involved in on or through Cag.

Jasper1965

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