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court papers received from original creditor but debt & legal rights assigned - adivce and help please!


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In a nutshell, owed 3 instalments. Santander issued default notice - I believe default notice is incorrect due to time given. (from what i have learnt reading on here.

 

Termination notice then swiftly followed.

 

I then made a couple of payments.

 

Account was past over to debt collectors but I now realise they were still Santander. But just used different name -Code Red.

 

Then account was purchased and by another company and legal rights assigned according to company.

 

Sent SAR reuqeust to santander and CCA request to new debt company. New debt company letter clearly states they are now responsible as from May this year.

 

In April I tried to make payments but Santander refused.

In May I tried to make payments but Santander refused. Have proof of this

 

Nothing received in regards to CCA request.

 

Now though, I have received a court claim for the return of the goods issued by Santander the original creditor.

 

Is this correct as I thought they had assigned their legal rights and the new company purchased the debt?

 

Well confursed. Also court papers sent to different address and mention a default notice servied on me a week later than the one I did receive.

 

Plus, I have also recieved a letter informing me account has now been terminated dated July from Santander - after they had transferred their rights to other company.

 

Well confused???

 

How do I defend ? Can I defend?

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Did you recieve a Letter of Assigment at anytime? The letter "should" come from the original crediter not the dca....strickly speaking it needs to be whats called strict proof, a signed for letter...

This might fall under the Enterprise Act, as there are certain things they need to follow, clearly in this instance they have not follwed, i may be wrong....

 

There is also the question of if they handled your data correctly, it seems to me that the DCA had a copy of your data before you had the LoA, don'y give up on the request for the CCA, make sure you request a copy within your defence and to date they have not sent you anything...

 

trooper68

Trooper68:)

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Did you recieve a Letter of Assigment at anytime? The letter "should" come from the original crediter not the dca....strickly speaking it needs to be whats called strict proof, a signed for letter...

This might fall under the Enterprise Act, as there are certain things they need to follow, clearly in this instance they have not follwed, i may be wrong....

 

There is also the question of if they handled your data correctly, it seems to me that the DCA had a copy of your data before you had the LoA, don'y give up on the request for the CCA, make sure you request a copy within your defence and to date they have not sent you anything...

 

trooper68

 

Hi Thanks guys.

 

Yes I have the agreement but it is very difficult to read. That said, upon my deciphering I think it is likely to be enforceable.

 

DCA sent letter of assignment but can't remember how it was delivered.

 

DCA wrote to me months before assignment. DCA have not complied with Section 77/78/79 request.

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I take it you sent the cp 31.14 to the people who issued the claim

 

there details will be on the blue n1 court claim form with the bit where all correspondants are to be sent to

 

by recorded delivery i hope

 

Hi

 

I sent it to the solicitors. Acting for OC and yes sent recorded.

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Here are my questions from the PoC the solicitors sent

 

Point 2 of the POC states that they, the OC aka the claimant are the correct party to be pursuing this claim... but ARE they?? When i received the letter of assignment from the DCA???

 

Point 5 sub point j - the defendant was served a default notice sent by first class post dated 15th december.... but the only default notice I received was dated in Nov.

 

Point 6 - the amount stated at the time of default 1004.18 not the same as on my default notice served in Nov.

 

Point 7 - "By reason of the termination of the agreement by the notice........" so what does this really mean? I know I sound stupid here but does this mean that they are saying becuase I did not respond to their default notice as served allegedly on 15th Dec by 1st class post that the agreement was terminated as a result of the said notice? If the answer is yes then I am confused by point 8

 

Point 8 - "Further or alternatively, by reason of the defendant breaches of the agreement by failing to pay the instalment, the defendant evinced (meaning Evidence in its broadest sense includes everything that is used to determine or demonstrate the truth of an assertion - yes I had to look it up!) an intention no longer to be bound by the agreement and repudiated it. By the said notice, the Claimant accepted that repudiation.

 

Ok, so for my small brain, this I believe says, the fact I didn't pay means that on strength of default notice allegedly sent 15th Dec means it was my intention for the agreement to be terminated.

 

Ok, so 15th Dec - at this time is the lead up to Christmas. Busy time. Holiday period. Yet even so I made a card payment of just one instalment on 24th Dec. Yes Christmas eve, I rang them, spoke with them and arranged to pay again in the New Year - ecplained I had lost my job .

 

Also, just to point out. They are stating they sent default notice by 1st class post. Yet I have no recollection of receiving this default notice. The default notice I received was back in Nov.

 

So assuming, there is a a default notice as sent 15th December by 1 st class post taking into account Christmas and New Year hol. That would mean i had until (I think) 7th Jan to pay. Yet I paid 1/3 of the amount due and made an arrangment to pay over the phone.

 

Also, as I had made an effort how can they say it "evinced" it was my lack of action that determined them to believe the agreement to be termination as a result of the notice??

 

AND, how come they sent me a termination notice on the 6th Jan??? Surely i had another day to pay? I had already made one payment ?? And i had explained my circumstances and agreed (so I thought) a way forward.

 

Have to be honest I would really appreciate some help.

 

Also, in Feb I received a letter from debt collectors - i now know this is just another company of the main OC not a separate company,

 

Then I received letters etc. from another DCA starting from March and in May this same DCA wrote to me informing me they had legally purchased the debt and that OC had transferred o/s balance including all rights and interest in the agreement.

 

Yet how come if as that letter states, the DCA has bought the agreement and rights and all payments should now be made to them am I being taken to court by the OC and NOT them????

 

Am I making any sense????????????

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