Welcome secured loans/charge - sold to Alpha/Prime -repo received - ***Claim Dismissed***

[cruzhughes]

Been looking at the title register again to dx in their reply and where they’ve scribbled on it. Scribbling which is not on my official copy I hasten to add

 

Does it look to you that they are trying to make out no3 and no 4 belong to them?

 

Cos 3 certainly doesn’t. I had old ppi with Lloyds. Claimed but they didn’t take the money off the debt they sold to link shortly after. Thus loan was from 2001 and link have never provided cca since requesting in 2006. Neither has their name been substituted on there

[dx100uk]

cant see they have

its just a copy of the lr file with them adding their ac number on the top only...?

[cruzhughes]

Page 16 of their reply to defence

[dx100uk]

ok well one thing you do when in court is ask if rosie porter is present

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?467696-bwlegal-Final-Notice-VCS-PCN-International-Business-Park-Liverpool&highlight=right+of+audience

 

post 35

 

dx

[cruzhughes]

You don’t think they’ll go do you?

 

Shall I take every loan agreement to prove my arguement about the IR

[dx100uk]

hasn't it already been stated that IR cannot play a part?

[cruzhughes]

In a repo case. Yes. But hopefully there will be no repo.

 

Surely the ir has it to come into it somewhere now as the judge ordered the counterclaim due to them keeping the Ppi cash and that’s got something to do with all?

 

All the previous can’t be left open can it?

As if that’s the case I’ll be back in court won’t I?

 

Plus he requested statements from them

 

Mind you I can prove the last one was a forced rewrite for same amount as the one befores settlement figure then they lumped more Ppi on.

 

And that’s on what they’ve given the court

Edited March 1, 2018 by dx100uk
merge

[dx100uk]

it is still a repo case.

[cruzhughes]

I was hoping it may get the lot sorted

[dx100uk]

doesn't work that way

 

this is a repo clam...

 

unless the judge has invited chapter and verse

for the moment you need or VERY limit your your reply to EXACTLY what the judge asked.

the more you entertain their diversion and confusion

the more your case enters into their hands

 

it is worthy to go read again ALL andyorch's recent posts..

forget their obv errors [its done on purpose!!] focus solely upon what YOU have been directed by the judge to do.

 

you are seriously going off track..........

[cruzhughes]

Ok will look through Andy’s post.

 

I just find it confusing that the Loan they are trying for repo on is as a result of all the rewrites and I thought if we prove the one was unfair then the rest had to be.

 

For mortgages which are regulated by the Consumer Credit Act the defendant can also state in questions 5 and 6 whether they want the court to examine the fairness of the mortgage agreement or to consider making an order extending the term of the agreement.

[cruzhughes]

doesn't work that way

 

this is a repo clam...

 

unless the judge has invited chapter and verse

for the moment you need or VERY limit your your reply to EXACTLY what the judge asked.

the more you entertain their diversion and confusion

the more your case enters into their hands

 

it is worthy to go read again ALL andyorch's recent posts..

forget their obv errors [its done on purpose!!] focus solely upon what YOU have been directed by the judge to do.

 

you are seriously going off track..........

 

Everything the judge has asked.

 

I’ve done.

I’ve heard nothing from the court yet to say whether I have to do a witness statement for next hearing.

I’m at limbo on how to prepare and what the judge is likely to ask or want from me on that day

[dx100uk]

no harm in ringing and asking

mention the claimant has responded and you wish to counter as some of the things thy are claiming are very very wrong

[cruzhughes]

And the loan agreement they have provided is very hard to read isn’t it

[cruzhughes]

What are the differences between CCA 1974 and Mortgage Credit Directive. And how do I find out of the company taking me to court are registered/regulated to do so.

 

They were not registered with company’s house.

 

However Acenden are authorised and regulated by the fca and they are the ones administeringthe loan

[dx100uk]

FCA website

[cruzhughes]

I’ve been on there it’s a bit confusing. Layman terms I could do with.

[dx100uk]

FCA company register

[cruzhughes]

Pending the implementation of the new rules that will apply as a result of the MCD, firms which take second charges as security should have registered for interim permission under the consumer credit regime, and new entrants to the second charge market (who do not hold a CCA licence and cannot get an interim permission) must apply for a full consumer credit permission.

[cruzhughes]

Agreements that are covered by the FCA's consumer credit regime are subject to detailed prescriptive regulation. Rules apply to the drafting of the agreements and to the substance of the pre- and post-contract information. Firms authorised to provide consumer credit must take care to ensure that they comply with these rules as well as ensuring that the activities they undertake fall squarely within their FCA permission. The consequences of failing to comply areonerous. A Court may apply its powers to re-open a credit agreement where it considers that the terms create an unfair relationship between the lender and the borrower and may change the terms (including the amounts payable

[cruzhughes]

What do alpha have an equitable assignment or legal assignment

[cruzhughes]

http://www.bailii.org/cgi-bin/format.cgi?doc=/ew/cases/EWHC/Ch/2015/815.html&query=(Welcome)+AND+(finance)

[cruzhughes]

The more I’m reading the more I’m getting confused. I’ve just read that

15.8 If a claimant files a reply to the defence, the claimant must

(a) file the reply with a directions questionnaire; and

(b) serve the reply on the other parties at the same time as it is filed.

 

Not had one of those

[dx100uk]

they have

[cruzhughes]

Or I don’t think any one told me to send a cpr 31.14 to solictors when first claim was issued this time last year.

 

All I have done throughout is Request the same info of prime and not got it. Until I filed my defence then they provided it.

 

Is this a problem