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    • In 2004 myself and my now ex husband went into Lloyd's for a consolidation loan, based on a loan and credit card he had taken out. He was in the navy and I worked part time and was a full time mum. As he had debt and I did not, we were told for a lower interest rate they could give me a loan based on his wages. The loan was for £22000 and paid for his previous loans and an £8000 credit card he had. The loan was in my name alone and he made the payments from his account. In 2007 he was medically discharged from the navy, I called Lloyds and attempted to make a claim on the ppi, I was told that as the loan was in my name I was unable to. I argued that the loan had been in my name alone and that it had all been based on his wages. I ended up going to the financial ombudsman. Eventually Lloyds agreed to pay the ppi, this only lasted 12 months. At the time we were in no position to pay as he was not working and I was a student. I came to a repayment agreement with Lloyd's. All interest was stopped and the agreement plan continued. This continued until I got a letter from robinsons way saying they had taken over the loan from Lloyd's. In 2013 my ex and I split, leaving me as I see it with his debt and which he refuses to take responsibility for. I have continued to pay robinsons way whom I recieve letters from, I also get 6 monthly updates from Lloyd's on how my debt repayments are going. I would like to challenge this as a misold loan and I hoping someone reading this can point me in the right direction   Thank you for reading.
    • have you bank statements prior to 6yrs   dx  
    • looking at the comms log sheet.   it reads to me that PPI must have been activated before the card was even approved!!   13/10/2003 [the supposed date of the phone call] Decision is REFER 20/10/2003 application pending.   2003/11/11 decision is accept.   sorry but how can someone sign you up to PPI when the credit card the PPI will protect is not even approved   they have LIED that the phonecall 13/10/2003 was to activate the card, it WASNT, the card application was not accepted until 1 month later 11/11/2003   which tallies with no PPI charges till 17/12/2003    PPI                        £0.85    the 1st bill after activation  
    • I notice that on their PCN under the Parking Charge Amount it states "    PAYMENT TO BE MADE WITH 28 DAYS OF DATE ISSUED: 11th July 2019  when what they mean is that payment is to be made   WITHIN 28 days. Does that invalidate the PCN as not only is it totally meaningless but does not comply with the legal wording either.            " "
    • Following copied pasted from credit file all personal info removed   LENDER BALANCE UPDATED STATUS   Lowell £ 246 09/07/2019 Default   Account type Mail Order Account number ;i;;;;;;;:;::6995 0       claim form= P9323927 Account start date 26/04/2013 Opening balance £246 Repayment frequency Monthly Date of default 31/01/2014 Default balance £246   LENDER BALANCE UPDATED STATUS   Lowell 1,319 09/07/2019 Default   Account type Mail Order Account number ;;;;;;;;;;;;;7001 0         claim form= Y8900056 Account Start date 19/10/2012 Opening balance £1319 Repayment frequency Monthly Date of default 29/01/2014 Default balance £1,319   LEN DER BALANCE UPDATED STATUS   Lowell £1,209 09/07/2019 Default   Account type Mail Order Account number i;i;::;i:;;:i;4533 0       claim form= 105540308 Account start date 21/09/2012 Opening balance £1,209   Many thanks Trace Repayment frequency Monthly Date of default 25/05/2014 Default balance £1,209 As you can see numbers on all claims totally different in last 4 figures Have further checked accounts for Littlewoods and no payments to that name exist from any bank account      
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skoosh2

Cabot/nolans SPC Claim - old Tesco credit card

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yea of course I understand that but I doubt cabot do hence the title of the letters they would have sent and skooch not able to find one entitled intimation. bet they are there sadly


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Unlike notice of assignment (which is not necessary in order to create an equitable assignment), an assignation must be intimated before it creates a security interest in the asset.

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?270695-Assignation-and-Intimation


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May be of interest start from post#189 this claimant tried to pass of a Portfolio of Debt assignment insisting it was a Notice of Assignment..the Judge dismissed their claim.

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?432463-claim-form-IND-Heggarty-on-old-Lloyds-(5-and-a-half-years)-credit-card-debt***Claim-Dismissed***/page12


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I am surprised a Glasgow sheriff is asking for NOA.

its not needed in Scotland.


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It is required

 

If a Legal Assignment has been made, part of the purchasing company’s obligations are to inform you of the situation via an official Notice of Assignment, and let you know that payment should be made to themselves rather than your former creditor.

 

There are two types of debt assignment ....Legal Assignment & Equitable Assignment.

 

The Law of Property Act, 1925, lays down the requirements for both types of assignment. The criteria for a Legal Assignment include:

 

It must be made in writing (Deed of Assignment)

Notification must be sent to the borrower (Notice of Assignment)

The assignment must be absolute

 

Legal Assignment gives the assignee powers to enforce the debt, unlike an Equitable Assignment where the purchasing party is unable to take enforcement action in their own right.

 

Under an Equitable Assignment, only the amount owed is assigned, and not the original creditor’s rights and responsibilities.


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evidence see upload

=============

 

see C4 14. 12. 14 ""intimating"" assignnation

---------------------------------------------------

 

I've uploaded the only letter I've received with the date above

-------------------------------------------------------------------------

 

I will scan and upload the 30 pg document soon

 

portfolio upload... I only received an unnumbered page, pages 2-11, 22,23, 29, and the signed page 29.

 

do you think my post #25 should be used as evidence... it shows credit card statement and transaction report and credit card notes report from TESCO after the date of assignment

 

just another point 2 days before the last court meeting they emailed me (must've got email from the SPF I sent to the sheriff) to offer a 60% discount I did not reply...

 

Also I suffer from a few mental health issues, I'm getting a letter from my doctor stating what I suffer from, will take up to a week to come..

 

Is there anyway to get the default notice back on the table, as I thought this would still be active as ordered because it wasn't produced.

I didn't know I should have pushed for it at last meeting.

evidence.pdf

portfolio.pdf

Edited by dx100uk
merge

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it will eventually end up that they don't have a default notice

 

its all smoke and mirrors frim nolans trying to divert the sheriff away from this.

which might be why he has asked to see the NOA..which they have complied with now and can produce

so it will move forward to a hearing option next.


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I've got to return this (upload) asap, I got it yesterday...

 

could I have some help with reply

SPO.pdf

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The only disputed issue ( according to the order) as per the above letter is proof of assignment from Tesco to Cabot...no mention of the NoA. Well they have proof for that as you have uploaded it...the Portfolio exchange of debts.

 

But that does not satisfy as per my last post....

 

The Law of Property Act, 1925, lays down the requirements for both types of assignment. The criteria for a Legal Assignment include:

 

It must be made in writing (Deed of Assignment) yes they have that although it does not confirm if its a Legal or Equitable Assignment

Notification must be sent to the borrower (Notice of Assignment) They have not provided this

The assignment must be absolute.

 

So if no NoA is provided then the Legal Assignment is incomplete and therefore the claimant is unable to to take enforcement action in their own right (Name)

 

And yes you keep the Default Notice issue on the table...insist on it.

 

Andy


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