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Cap1 & CCA return


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Thanks Car. I did send a cpr 18 when the claims were first initiated, but Link did not really bother to respond to this until ordered to do so by the court, in line with my draft directions attached to the AQ. Link mention a default was sent by the OC, but no date or anything specific, and I don't remember getting anything at the time. I just thought there might be some other way to force their hand, so that I know for certain before going to court exactly where I stand on this. Many thanks, Magda

 

Has the Court ordered disclosure of the Default Notice? If they have and it hasn't been complied with, you should ask for the claim to be struck out if they fail to comply again.

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Advice and comments posted by car2403 are offered purely without prejudice. They reflect only my personal opinion and do not represent the opinion of this forum or it's management. You should always seek legal advice from a qualified legal advisor. As a member of the site team, I disable reputation - reputation points mean nothing, please check my posting credentials yourself and make an informed decision. You shouldn't PM me and await a reply - I may be too late with a response. No replies will be given in Private Messages - just as with getting advice from the forum, getting advice via Private Messages is dangerous. CAG is about sharing successes so others can follow your example, this is primarily why I'm here, so please don't be offended if I don't offer replies in PM that doesn't comply with this. Help CAG to help others by keeping your thread up to date.

 

 

USEFUL LINKS; New User Guide to CAG | Can't find what you're looking for? | Intro to Consumer Credit Litigation | Is My Agreement Enforceable | Default (Surleybonds) Template Letter | Defaults - background, removal methods, challenges and taking a claim to Court | Digital Signature Guide | Overdrafts and the CCA

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Has the Court ordered disclosure of the Default Notice? If they have and it hasn't been complied with, you should ask for the claim to be struck out if they fail to comply again.

 

Hi Car, the court actually ordered the defendant "to provide a response to my defence with 21 days" and my defence included mention of the fact that I put them to strict proof that a DN had been issued etc etc.... but the only reference they made in their response was that a DN had been sent by the OC - no specifc date was given, that was basically it... so, I want them to have to prove that a DN was indeed issued by FNB. Two claims (out of original 4) are currently proceeding, one of which was struck out at my request, only to be reinstated, as the claimant stated that they had not recieved any of the court orders, so back to dealing with two claims again now unfortunately! Many thanks, Magda

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Hi Car, the court actually ordered the defendant "to provide a response to my defence with 21 days" and my defence included mention of the fact that I put them to strict proof that a DN had been issued etc etc.... but the only reference they made in their response was that a DN had been sent by the OC - no specifc date was given, that was basically it... so, I want them to have to prove that a DN was indeed issued by FNB. Two claims (out of original 4) are currently proceeding, one of which was struck out at my request, only to be reinstated, as the claimant stated that they had not recieved any of the court orders, so back to dealing with two claims again now unfortunately! Many thanks, Magda

 

In that case, you should ask for the claim to be struck out on the basis that they haven't complied with the Courts Order, which was to respond to your defence that asks for the documentation to be provided.

 

Do you have a thread on this, Magda, as this is well off topic now?

Always happy to help where I can!

:lol:

Beware of legal advice given on a private forum - do you REALLY know who is posting? Are they REALLY accountable for their posts? What if you follow their advice and get something wrong?

It was Winston Churchill who said; "Democracy is the worst way to run a country except for all the others"

 

Advice and comments posted by car2403 are offered purely without prejudice. They reflect only my personal opinion and do not represent the opinion of this forum or it's management. You should always seek legal advice from a qualified legal advisor. As a member of the site team, I disable reputation - reputation points mean nothing, please check my posting credentials yourself and make an informed decision. You shouldn't PM me and await a reply - I may be too late with a response. No replies will be given in Private Messages - just as with getting advice from the forum, getting advice via Private Messages is dangerous. CAG is about sharing successes so others can follow your example, this is primarily why I'm here, so please don't be offended if I don't offer replies in PM that doesn't comply with this. Help CAG to help others by keeping your thread up to date.

 

 

USEFUL LINKS; New User Guide to CAG | Can't find what you're looking for? | Intro to Consumer Credit Litigation | Is My Agreement Enforceable | Default (Surleybonds) Template Letter | Defaults - background, removal methods, challenges and taking a claim to Court | Digital Signature Guide | Overdrafts and the CCA

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In that case, you should ask for the claim to be struck out on the basis that they haven't complied with the Courts Order, which was to respond to your defence that asks for the documentation to be provided.

 

Do you have a thread on this, Magda, as this is well off topic now?

 

Hi Car, think I will do as you suggest and contact the court again requesting the claim be struck out, nothing to lose really is there. I am a bit off topic now, sorry about that. The link to my actual thread is:

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/136957-claim-issued-asset-link.html?highlight=magda

 

Many thanks for your help, Magda

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Hi folks,

 

heres one for you

 

If a agreement states within its terms that the account and its rights/duties may be assigned at any time to any other PERSON, can it then be lawfully assigned to a Ltd Company? (such as, just for instance, a DCA)

 

?

omnia praesumuntur legitime facta donec probetur in contrarium

 

 

Please note: I am not a member of the legal profession, all advice given is purely my opinion, if in doubt consult a professional

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sorry to but in on this thread but if a company cannot provide you with acopy of your signed agreement do you have to pay whats owing?

 

When was the agreement taken out?

Always happy to help where I can!

:lol:

Beware of legal advice given on a private forum - do you REALLY know who is posting? Are they REALLY accountable for their posts? What if you follow their advice and get something wrong?

It was Winston Churchill who said; "Democracy is the worst way to run a country except for all the others"

 

Advice and comments posted by car2403 are offered purely without prejudice. They reflect only my personal opinion and do not represent the opinion of this forum or it's management. You should always seek legal advice from a qualified legal advisor. As a member of the site team, I disable reputation - reputation points mean nothing, please check my posting credentials yourself and make an informed decision. You shouldn't PM me and await a reply - I may be too late with a response. No replies will be given in Private Messages - just as with getting advice from the forum, getting advice via Private Messages is dangerous. CAG is about sharing successes so others can follow your example, this is primarily why I'm here, so please don't be offended if I don't offer replies in PM that doesn't comply with this. Help CAG to help others by keeping your thread up to date.

 

 

USEFUL LINKS; New User Guide to CAG | Can't find what you're looking for? | Intro to Consumer Credit Litigation | Is My Agreement Enforceable | Default (Surleybonds) Template Letter | Defaults - background, removal methods, challenges and taking a claim to Court | Digital Signature Guide | Overdrafts and the CCA

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over three years ago i think

 

In that case, the answer to your question is - yes...

 

If the agreement isn't signed, there is no legal way they can force you to pay but that doesn't mean you don't still owe the money.

 

Now, whether you will or won't pay is a question only you can answer. I know CAG won't condone non-payment of an unenforceable debt, neither will I advise it shouldn't be paid. That's up to your conscience.

 

If the agreement was covered by the Consumer Credit Act 2006, the debt would be enforceable even without a signature. Hence my question about when it was signed, as that's very relevant for this reason.

Always happy to help where I can!

:lol:

Beware of legal advice given on a private forum - do you REALLY know who is posting? Are they REALLY accountable for their posts? What if you follow their advice and get something wrong?

It was Winston Churchill who said; "Democracy is the worst way to run a country except for all the others"

 

Advice and comments posted by car2403 are offered purely without prejudice. They reflect only my personal opinion and do not represent the opinion of this forum or it's management. You should always seek legal advice from a qualified legal advisor. As a member of the site team, I disable reputation - reputation points mean nothing, please check my posting credentials yourself and make an informed decision. You shouldn't PM me and await a reply - I may be too late with a response. No replies will be given in Private Messages - just as with getting advice from the forum, getting advice via Private Messages is dangerous. CAG is about sharing successes so others can follow your example, this is primarily why I'm here, so please don't be offended if I don't offer replies in PM that doesn't comply with this. Help CAG to help others by keeping your thread up to date.

 

 

USEFUL LINKS; New User Guide to CAG | Can't find what you're looking for? | Intro to Consumer Credit Litigation | Is My Agreement Enforceable | Default (Surleybonds) Template Letter | Defaults - background, removal methods, challenges and taking a claim to Court | Digital Signature Guide | Overdrafts and the CCA

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Post here re: a change to the law in charging orders, anyone else aware of this?

 

because I sure as heck wasnt!

omnia praesumuntur legitime facta donec probetur in contrarium

 

 

Please note: I am not a member of the legal profession, all advice given is purely my opinion, if in doubt consult a professional

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Hi guys, ages since I posted on this thread.

 

Could anyone point me to the section of the CCA74 where its says that a borrower my claim for unlawful charges etc, even if the agreement is unenforceable by virtue of s.127(3)?

 

(Bcard have failed to respond to my CCA s.78 request and I want to go for my charges and PPI premiums) :-)

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Hi Guys,

 

I have been thinking a lot about the subject of Assignments.

 

I note that, the majority of DCA's who claim to have been sold, or purchased debts under section 136 of the Law of Property Act 1925, state that they hold the Benefits but not the Duties.

 

This had led me to the following thought that;

Distressed Debts, or Losses, are sold via securitisation, in job lots;

NOVATION OF DEBT;

 

Novation does not involve the assignment or rights (Duties) under the original loan.

 

Novation Agreements?

A new loan is created in identical terms to the original loan in so far as the identity of the lender is concered. This is particularly likely in a group context.

 

AC

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Hi Guys,

 

I have been thinking a lot about the subject of Assignments.

 

I note that, the majority of DCA's who claim to have been sold, or purchased debts under section 136 of the Law of Property Act 1925, state that they hold the Benefits but not the Duties.

 

This had led me to the following thought that;

Distressed Debts, or Losses, are sold via securitisation, in job lots;

NOVATION OF DEBT;

 

Novation does not involve the assignment or rights (Duties) under the original loan.

 

Novation Agreements?

A new loan is created in identical terms to the original loan in so far as the identity of the lender is concered. This is particularly likely in a group context.

 

AC

 

Novation

The transfer of rights and obligations from one contracting party (which is released of those obligations) to a third party with the agreement of all the contracting parties. See asset sale.

 

AC

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Novation

The transfer of rights and obligations from one contracting party (which is released of those obligations) to a third party with the agreement of all the contracting parties. See asset sale.

 

AC

 

Hello Ac

 

How are you, well I hope.

 

I am also interested in these assignments in regards to the assignment of alleged debts:grin: under the law of property act 1925, especially when the original creditor is in serious breach of a ca request as is the DCA.

 

Can you explain a bit more about the Novation please

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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Can you explain a bit more about the Novation please

 

Novation - Wikipedia, the free encyclopedia

Always happy to help where I can!

:lol:

Beware of legal advice given on a private forum - do you REALLY know who is posting? Are they REALLY accountable for their posts? What if you follow their advice and get something wrong?

It was Winston Churchill who said; "Democracy is the worst way to run a country except for all the others"

 

Advice and comments posted by car2403 are offered purely without prejudice. They reflect only my personal opinion and do not represent the opinion of this forum or it's management. You should always seek legal advice from a qualified legal advisor. As a member of the site team, I disable reputation - reputation points mean nothing, please check my posting credentials yourself and make an informed decision. You shouldn't PM me and await a reply - I may be too late with a response. No replies will be given in Private Messages - just as with getting advice from the forum, getting advice via Private Messages is dangerous. CAG is about sharing successes so others can follow your example, this is primarily why I'm here, so please don't be offended if I don't offer replies in PM that doesn't comply with this. Help CAG to help others by keeping your thread up to date.

 

 

USEFUL LINKS; New User Guide to CAG | Can't find what you're looking for? | Intro to Consumer Credit Litigation | Is My Agreement Enforceable | Default (Surleybonds) Template Letter | Defaults - background, removal methods, challenges and taking a claim to Court | Digital Signature Guide | Overdrafts and the CCA

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People who jump in and ask questions which have already be covered by previous posts are like people who push in to your lane when the traffic reduces to one lane . (lazy quick fix)

Read before you ask.

Many of us have spent hours researching the information which has been provided and also providing information for others.

 

READ BEFORE YOU ASK

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People who jump in and ask questions which have already be covered by previous posts are like people who push in to your lane when the traffic reduces to one lane . (lazy quick fix)

Read before you ask.

Many of us have spent hours researching the information which has been provided and also providing information for others.

 

READ BEFORE YOU ASK

 

Wow. was there really any need for that rude comment:eek: I presumme it was directed at me:roll:

 

So what are you implying that one cannot ask a question :rolleyes:

 

I asked a question of a longstanding fellow cagger AC and a longstanding fellow cagger Car came to my assistance. This information I required to help another, not myself. This is the spirit of this site, we all help each other:-D Your comments are unnecessary and not really helpful to say the least

 

I am sure you are aware that others members that you help and support give you rep, you have to earn it.

 

May I suggest that we now return to doing what we do best, helping others and stop unnecessary rude retorts to others

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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Yes, it can.

You and I are what the law calls natural persons but a limited company is what the law calls a legal person.

 

 

Thanks VS

omnia praesumuntur legitime facta donec probetur in contrarium

 

 

Please note: I am not a member of the legal profession, all advice given is purely my opinion, if in doubt consult a professional

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Right, heres another one (have looked, but I'm sure illumnati will put me right if it is already on here :D

 

When it comes to the CPR's and PD's that state they have to prduce an original agreement in court, is there anywhere that clearly defines this is the same where a creditor counterclaims against you?

 

I have recently had a DJ bring up that it only applies to "claims" whereas I wouldve thought the "statement of case" would apply as much to a counterclaim as a claim

 

So, if there saying "no, we dont owe joe bloggs £XXX, but we would like agreement Y enforced and for him to pay us £XXX" - then surely via that statement for their counterclaim, they too would be required to produce the original of any document they refer to?

 

Like I said, iddeally looking for case law or similar that I can reference?

omnia praesumuntur legitime facta donec probetur in contrarium

 

 

Please note: I am not a member of the legal profession, all advice given is purely my opinion, if in doubt consult a professional

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Wow. was there really any need for that rude comment:eek: I presumme it was directed at me:roll:

 

So what are you implying that one cannot ask a question :rolleyes:

 

I asked a question of a longstanding fellow cagger AC and a longstanding fellow cagger Car came to my assistance. This information I required to help another, not myself. This is the spirit of this site, we all help each other:-D Your comments are unnecessary and not really helpful to say the least

 

I am sure you are aware that others members that you help and support give you rep, you have to earn it.

 

May I suggest that we now return to doing what we do best, helping others and stop unnecessary rude retorts to others

 

 

:eek:+1

 

Having read this through properly, I'm shocked

 

If indeed this was directed at HAK, how dare you Illumanati!

 

You will note he is "Platinum" and has therefore posted many more time and assisted many more members than yourself, so please show him due respect for this!

 

(As this hasnt been cleared up at the time of my posting, if it turns out you aimed the comment elsewhere I offer you my sincere apologies)

omnia praesumuntur legitime facta donec probetur in contrarium

 

 

Please note: I am not a member of the legal profession, all advice given is purely my opinion, if in doubt consult a professional

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Hi Illumin,

 

that being the case (and as stated in my post at the end) I offer you my apologies

 

:)

omnia praesumuntur legitime facta donec probetur in contrarium

 

 

Please note: I am not a member of the legal profession, all advice given is purely my opinion, if in doubt consult a professional

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  • dx100uk changed the title to Cap1 & CCA return
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