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Capquest and old HBOS Aqua card - now newday - No Default listed after yrs of Payplan DMP use

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I should add that until the agreement is defaulted and terminated the debtor is still contractually obliged to pay the original debtor

 

Thought I would add this to enforce what I was saying, just a rando google.

If an account is to be assigned, the new "owner" has to be able to provide the same service as the assignor.

 

A dca cannot, so the account has to be terminated(released from there contractual  rights_)and you cannot terminate a regulated agreement without first sending a section 87 default note.

Fundamental Principles of Contract Drafting

www.legalservicesindia.com/article/1669/...of-Contract-Drafting.html

The assignment materially alters what's expected under the contract If the assignment affects the performance due under the contract, decreases the value or return anticipated, or increases the risks for the other party to the contract (the party who is not assigning contractual rights), courts are unlikely to enforce the arrangement.


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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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On 09/03/2019 at 22:29, dx100uk said:

well yes. its all linked, the stupid judgement gives a creditor the authority to file a dn whenever they like not after the third missed payment. so can run the SB date to infinity …….or never at all.

Sorry missed this. Yes  I agree.


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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I think the remedy foe this is in the CCA under section 140 as the Judge in DXs favourite case stated.


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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I dont know what an interim notice has to do with this.

An account must be terminated before a party can ask for full payment or activate an accelerated payment clause, you cannot terminate a regulated agreement without first sending a DN. Before the agreement is terminated he is entitle to make repayment as per its terms, remedying the FDN gives the same result on remedy.

 

I dont know about the case you mention , it may be that the DCA issued another DN in order to say they gave the OP time to settle, subsequent notices can of course be issued.  An LBA really.

 

I have had yet another of these , again Aqua, this one had a date of 2015, the DMP says ;payments were made to them since 2012, however the account was sold to Lowell in 2015. So the account was obviously defaulted before sale.

 

But it does comply with the fact it must be terminated before it is sold to a DCA.

 

I will consider what you say about licensing, Debt recovery is not giving credit of course and requires a different

class of license. It is an Ancillary credit function under the act. An interim permission is usually granted to someone who has an application under consideration.


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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might be better to do this on your own thread rather than hi-jacking...please


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On 14/03/2019 at 10:46, Andyorch said:
2 hours ago, dx100uk said:

might be better to do this on your own thread rather than hi-jacking...please

They get around that even though they do not offer to extend credit facilites...as long as they have a credit licence.

 

Consumer Credit Register. ... This is a public record of firms that have, or had, interim permission to carry out  consumer credit activities. Most businesses that offer goods or services on credit, lend money to consumers or provide debt solutions and advice to consumers will be carrying out  consumer credit activities


https://www.fca.org.uk/firms/consumer-credit-register

 

The following recent thread may be of interest in which the Judge allowed the DN to be issued from the Assignee

 

 

I dont know what an interim notice has to do with this. An account must be terminated before a party can ask for full payment or activate an accelerated payment clause, you cannot terminate a regulated agreement without first sending a DN. Before the agreement is terminated he is entitle to make repayment as per its terms, remedying the FDN gives the same result on remedy.

 

I dont know about the case you mention , it may be that the DCA issued another DN in order to say they gave the OP time to settle, subsequent notices can of course be issued.  An LBA really.

 

I have had yet another of these , again Aqua, this one had a date of 2015, the DMP says ;payments were made to them since 2012, however the account was sold to Lowell in 2015. So the account was obviously defaulted before sale.

 

But it does comply with the fact it must be terminated before it is sold to a DCA.

 

I will consider what you say about licensing, Debt recovery is not giving credit of course and requires a different

class of license. It is an Ancillary credit function under the act. An interim permission is usually granted to someone who has an application under consideration.


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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2 hours ago, dx100uk said:

might be better to do this on your own thread rather than hi-jacking...please

 

I dont think so, it is all relevant to the OPs position , unless the OP requests it of course.

 

I shall be making some posts over there shortly relating to the success I have had, my friends credit report is now devoid of any mention of New day or Aqua.


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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On 14/03/2019 at 10:46, Andyorch said:

They get around that even though they do not offer to extend credit facilites...as long as they have a credit licence.

 

Consumer Credit Register. ... This is a public record of firms that have, or had, interim permission to carry out  consumer credit activities. Most businesses that offer goods or services on credit, lend money to consumers or provide debt solutions and advice to consumers will be carrying out  consumer credit activities


https://www.fca.org.uk/firms/consumer-credit-register

 

The following recent thread may be of interest in which the Judge allowed the DN to be issued from the Assignee

 

 

Andy the section you quoted does not mean that a debt collector can act as a Credit supplier, not even an interim one, are you saying the two are the same.

DX, a DN is required to terminate an account, as an un-terminated one cannot be the subject of proceedings.

 

As for going off topic , I am just replying to points you raised.


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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Looking through our new and I must say improved forum. I  notice many of my old posts have been resurrected, going back to w006 when I was Peterbard. Also interesting is the amount of time I have spent on this issue,.

 

https://www.consumeractiongroup.co.uk/topic/261778-default-noticetermination-discussion-moved-from-stone-brokes-thread/?tab=comments#comment-3193324

 

Some of the other topics I discussed with others are there also.

 

At this time of night, I am not sure what that means exactly, must mean something.

 

Peterbard

 


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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