Invalid Default Notice

[Dotty50]

Your not having a good day are you Shafters! lol

 

I have a Virgin MBNA thread, with what looks like a similar CCA but it was unlawfully rescinded so up to now, no court summons (keeping fingers crossed).

 

Unfortunately I cannot give you any advice about court proceedings but coming in from where you are makes it a bit more difficult to get help without more history.

 

Sorry I can't be of more help

[Shafters]

This should work

Full page fax print.pdf

[Shafters]

Hi Dotty,

 

I suspect mine has been too, how did you know it has been unlawfully recinded?

[middenmess]

Hi Shafters

 

At 100% that page looks like it was written in sanscrit!

 

You're going to have to show caggers some more documents if you want advise and assistance I'm afraid.

 

From the small amount of info that you have disclosed it might be that the process of termination has not been adhered to which could be an important factor in your defence.

 

If we can see all the info it is likely that some very important advise could be forthcoming but as you can appreciate there are many hundreds of threads on CAG and posters tend to move onto those where observations and advise can be given and often do not return to threads like these I'm afraid.

[Shafters]

Thanks for the advice Middenmess, what do you suggest I post up??

[Davetherave12]

Looks like we are in the same boat shafters!!

 

http://www.consumeractiongroup.co.uk/forum/mbna/263479-mbna-howard-cohens-davetherave.html#post2976902

[middenmess]

Thanks for the advice Middenmess, what do you suggest I post up??

 

The Default Notice & their notice advising termination or their demand for full repayment will be a good start:)

 

Have a read of the defence used by Diddy Dickey at posts 2569 through 2575 on page 129 on this thread..

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/240186-dissecting-manchester-test-case.html

[supasnooper]

Have you sent a Subject Access request to MBNA specifically asking for a copy of the Comms Log ?

 

If not, get one off ASAP.

 

This request should reveal the date the Default was entered on MBNA's systems and also a copy of the DN may surface as well.

[LOVETHEBANKS]

Shafters

 

WE can't help without all the info.

1. The DCA CAN'T issue the NOA - only the OC can.

2. If you have originals then no one can change them - any ploy to do so will be fraud.

3. You need to trust us. The OC and DCA will already have everything you're showing us anyway.

4. Have a look at what we've managed to do for ourselves (and others) and let us help you too.

 

BD

 

 

Point 1 is incorrect .. the notice of assignment can be issued by the DCA and they only have to show evidence that it was posted.

[middenmess]

Point 1 is incorrect .. the notice of assignment can be issued by the DCA and they only have to show evidence that it was posted.

 

Other threads and posts seem to disagree with your statement above.

 

Have a read of the first few posts on this thread..

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/149916-notice-assignment-both-parties.html

[LOVETHEBANKS]

Other threads and posts seem to disagree with your statement above.

 

Have a read of the first few posts on this thread..

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/149916-notice-assignment-both-parties.html

 

Had a quick scan through it but I am convinced that the notice of assignment can issued by either party.

 

On the issue of delivery if the creditor can show that the notice was posted then the court would assume that in all probability it would have been served on the debtor.

 

This is not of course to say that the notice of assignment is valid.

 

I will try to find info to back this up.

[Bigdebtor]

Had a quick scan through it but I am convinced that the notice of assignment can issued by either party.

 

On the issue of delivery if the creditor can show that the notice was posted then the court would assume that in all probability it would have been served on the debtor.

 

This is not of course to say that the notice of assignment is valid.

 

I will try to find info to back this up.

 

In that case any DCA could issue (or claim to have issued) a NOA. No sane debtor would accept the validity of the NOA UNLESS it was confirmed by the OC - so in effect, even if the DCA COULD legally issue the NOA, it would need to be validated by the OC. Until then it would be reasonable to test its validity and refuse to pay the DCA without proof of his entitlement to be paid the debt.

 

There should also be a Deed of Assignment issued by the OC and the NOA should be sent out registered post (Law of Property Act 1925) - although most aren't even sent by Recorded Delivery. Why have this requirement in law if a Court would just "assume" it was delivered?

 

BD

[LOVETHEBANKS]

In that case any DCA could issue (or claim to have issued) a NOA. No sane debtor would accept the validity of the NOA UNLESS it was confirmed by the OC - so in effect, even if the DCA COULD legally issue the NOA, it would need to be validated by the OC. Until then it would be reasonable to test its validity and refuse to pay the DCA without proof of his entitlement to be paid the debt.

 

There should also be a Deed of Assignment issued by the OC and the NOA should be sent out registered post (Law of Property Act 1925) - although most aren't even sent by Recorded Delivery. Why have this requirement in law if a Court would just "assume" it was delivered?

 

BD

 

The DCA could claim to have issued the NOA but would still have to convince the sheriff/judge that posting took place. The amount of convincing needed would vary depending on the judge/sheriff presiding over the case.

 

I think it would be reasonable for the debtor to be allowed time to check the validity of the NOA regardless of who claims to have sent it. It is my understading however that if the OC receives payment of an assigned debt they are obligated to pass the payment on to the new creditor.

 

I haven't read the law of property act 1925 but I think that you have to be wary about taking a piece of legislation and taking it as absolute, bearing in mind that it's 85 years old and other legislation, judgements/instructions from/to the courts can severely impact it's significance.

 

Remember also that civil cases are based on probability and IF it can be demonstrated that the NOA was posted (with the correct details) then I think most people would accept that on the majority of circumstances it would have been delivered.

[consumeredge]

Shafters

 

Never having read or heard of you or any supposed "Friend" of yours until K4gse emailed to me your email to herlast week, perhaps you would like to explain the following which you sent to K4gse

 

Cohens/consumeredge

Hi,

 

I'm sending you this message as a last resort.

 

I know you had dealings with CL Finance / Cohens and things have gone quiet your end, my friend on hear has as well.

 

To cut a long story short he has relied on information from Consumeredge to help defend his case.

 

I need to ask,

 

Have you at anytime felt Consumeredge was on their side, did the information he give you end up turning against you in court, I have a court date a few weeks away and wanted to know as he has mentioned you and although he did not say it looks as though things turned against you.

 

completely understand if you do not want to say,

 

thanks

 

Sharon Rafters

 

Shafters

 

FYI Davetherave12 won his case Friday 10th December 2010, I've known Dave for a fair while now, he has never spoken to you other than posting on your own thread to view his thread, and that was long before he spoke to me.

 

K4gse's case is far from quiet

 

From your own thread witness statements had to be exchanged by the end of July, now that seems an awfully long while ago to then wait and email K4gse last week, what was your motive?

 

Hopefuly the site team have disconnected your pm facility

 

[Davetherave12]

I'd normally keep quiet but I'm going to have to stick up for Consumeredge here, I did indeed win my case on Friday and without Consumeredge's help it would not have been possible. see http://www.consumeractiongroup.co.uk/forum/showthread.php?263479 Thanks CE I'm with you all the way!!

 

thanks

 

Dave