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    • Just posted up the POC. Will get on with CCA and CPR tomorrow.   Is there a danger that if he attempts to call BC he could take it out of staute barred?  I will have to contact him Spain so need to advise him what not to say.
    • Here are the Particulars of Claim     Name of the Claimant ? Hoist Finance UK Holdings Limited     30th January 2020 Date of issue 30/01/2020 + 19 days ( 5 day for service + 14 days to acknowledge) = 17/02/2020 + 14 days to submit defence = 02/03/2020 (33 days in total) -   Particulars of Claim   The claim is for the sum of £7939.36 arising from the defendants breach of a regulated consumer credit agreement referenced Under no xxxx926xxxxxx03 The defendant has failed to remedy the breach in accordance with a Default Notice issued pursuant to ss.87(1) and 88 of the Consumer Credit Act 1974. The Claimant claims the sums due from the Defendant following the legal assignment of the agreement from Hoist Portfolio Holding 2 Ltd(Ex Barclaycard) Written notice of the assignment has been given. The Claimant claims 1. The sum of £7939.36 2. Costs   What is the total value of the claim? £7939. + £410.00 Court fee + 100.00 legal costs Total amount £8449.00   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? Yes dated 02092019   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Not sure   Did you inform the claimant of your change of address?Not sure Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit Card.   When did you enter into the original agreement before or after April 2007 ?  After April 2007 actually August 2007   Do you recall how you entered into the agreement...On line /In branch/By post ? Can't recall   Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ?No idea   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. Claim issued by Hoist, so assigned.   Were you aware the account had been assigned – did you receive a Notice of Assignment? Howard Cohen solicitors says yes. I say no   Did you receive a Default Notice from the original creditor? Not to my knowledge   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? No   Why did you cease payments? Costly divorce and failed small business   What was the date of your last payment? Over 6 yeras ago I believe   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? Spoke to them many years ago          
    • DX ,thanks for spacing post BankFodder,  sorry, point taken,   FS
    • defence due by 4pm Monday 2nd   has he...   .  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]   get him to ring BC ask last payment date tomorrow.    
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mikeymack2002

CCA 1974 black hole

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I am curious how this case has been dealt with see here >> http://www.bailii.org/ew/cases/EWHC/QB/2012/2402.html

 

 

My questions in this Judgment are at para: 10-17 in the above link... Especially para: 17 your thoughts please... As this is driving me mad atm. Can anyone please give thoughts..

 

 

PS not sure where to post this thread, sorry..

 

 

MM


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17 - basically saying that an (proper) assignment is valid, and the assignee becomes the 'creditor'. and entitled to sue. 'In the light of that conclusion Ground 1 does not arise since Link, as legal assignee, is a creditor under the 1974 Act. As such, the main points made by the Appellant on this issue fall away..' ie no black hole.


IMO

:-):rant:

 

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2 of us have lost our minds over this one, I will spend more time reading in much more detail..

 

 

Thx


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This extends to the transfer of the rights under an agreement being transferred, under the law of property act 1925.

 

When agreements are (sold ) to a DCA, what in fact happens is the rights to recover funds is transferred under the Law of Property act 1925, however any duties under the agreement are not. It is common law that duties under a contract cannot be transferred. In fact the agreement is not sold this is just shorthand the rights under the contract are assigned.

 

The proposition was put to the court that because the duties cannot be assigned, the DCA could not enforce, as he did not posses those duties and was therefore not the creditor.(The CCA says that the definition of creditor is someone who posses both rights and duties under a contract, it also says that only a creditor can enforce).

 

The court found that although this was absolutely correct, the "duties" which were referred to in the CCA were not duties under common law but duties under the statute (cca 1974) These can be transferred. In consequence on absolute assignment the DCA would be responsible for issuing default notices notices of arrears etc. it also meant that the assignee (DCA ) was in fact the creditor and therefore could take action to enforce the agreement.


DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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Sorry in particular this explains section 17.

 

the assigned debt cannot be enforced without the duties being passed to the DCA so it would fall into a "black hole".

However this was shown not to be he case in the final deliberation for the reasons stated above.


DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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