CAGisforME -V- GE Capital/Link Financial/HL Legal

[InKogneeToh]

I would also ask that you supply a signed true copy of the executed deed of assignment for the above referenced agreement. This is an obligation, whether you are the original creditor or not, under section 189 of the Consumer Credit Act 1974.

 

 

Hi

 

I am not sure who first suggested on this site that the creditor/DCA has an obligation to send a copy of the deed of assignment under the CCA - but it is NOT correct!!

 

The CCA makes no such requirement and the assignee

of the debt has no 'legal' obligation to send you a copy of the deed of assignment at all!

 

When an agreement is assigned, the assignor or assignee is required to send the debtor written notice of it, either before or just after it occurs - but they often do not. This is usually just a letter advising you of the fact.

 

However, if the new owner of the debt starts court action against the debtor he will have to show (if the debtor pleads it as part of a defence) that he legally owns the debt, that he has advised you of the fact and that he does have a valid deed of assignment.

 

Regards, Pam

[InKogneeToh]

this is my opinion, based on what i've read in other threads...

 

if the agreement they sent you was unsigned then it would be unenforcable in a court and they would have to produce the true agreement or a copy, with all the terms specified, including your signature

 

The DCA are acting illegally if they persue a debt which they cannot prove was assigned to them, so they DO have to send you a copy of the deed of assignment, if they don't this amounts to fraud

 

They clearly have not complied with your CCA request, it seems to me like they are trying it on a bit now, probably hoping that you are ignorant to the law

 

as for them insisting you enter into discussion about repayments, no chance! Hopefully someone else will advise you what to do now, but if the CCA request was not honoured then surely they have now defaulted?

 

Hi

 

A creditor/DCA is under no legal obligation to send you a copy of the 'Deed of Assignment',and it is not part of a CCA request. They are, however, supposed to send you written notice of the assignment but many do not!

 

However, IF pleaded by the debtor, they would have to show the actual Deed in court.

 

The CCA requires that ALL copies sent to the debtor under it's various sections must be legible, so they have not yet complied with their obligations.

 

In the 'unreadable' document they have sent, can you make out any part's of the small print that might be referring to any of the following:

 

The credit limit (or a statement as to how it is to be decided and notified to you

 

The Interest rate

 

The amount/frequency of repayments.

 

These are all 'prescribed terms' and ANY agreement that does not contain all of them is totally unenforceable.

 

Regards, Pam

[InKogneeToh]

Hi pam,

 

You are right, they are under no legal obligation, due to the fact that the D of A in many cases, will contain information relating to other debtors. But it is part of every CCA request I've seen and if they can't prove they own the debt, or have been assigned to collect it, then equally the debtor is under no obligation to enter discussion in terms of payment (according to the OFT) and if they did send out a letter initially to prove they had the right to collect, then they should provide proof of this as they would have to in court.

 

DCA's really annoy me with this, when they say they do not have to provide certain bits of information....if they don't supply it, then why should anyone pay them a single penny!

 

There is also a requirement that the CCA they send you be unobscured and completely readable, under the consumer credit act 1974....so they have still not complied with your requests AND any altered information on it, ie, changed date is not acceptable

 

Hi

 

I have seen the template on this site for a CCA request that mentions an obligation under the Act to send a copy of the DOA but this is not part of any sections of the CCA so I don't know why it was written in that way.

 

I also agree that a debtor should insist on proof of assignment but a written notice of assignment is all that is legally required unless and until the debtor puts the DCA to proof in any court proceedings.

 

If they don't send any notice then IMO the best way to gather info. as to when/how they acquired the debt is by way of a full SAR - i.e. asking for all data from all relevant filing systems. I would recommend this for anyone doing battle with a creditor/DCA anyway as it may throw up all sorts of potentially useful info. and can be well worth the tenner!

 

Regards, Pam

[InKogneeToh]

I was going to get the full SAR away on Tuesday.

 

Should this go to Link Financial, who HL Legal are acting for and who HL claim own the debt?

 

or GE Custom, the original Creditors?

 

Thanks

 

Hi

 

I would send it to the original creditor. They should have recorded when the debt was assigned, who too, and in what amount. Also, if you had any charges applied by them, you should receive details of these as well as long as you emphasise FULL SAR.

 

Regards, Pam

[InKogneeToh]

Hi

 

Personally I wouldn't make any mention of the time limit, how much longer they've got or the consequences of not complying in time. Why help them in any way to understand their own obligations? They should know this and if they don't, what are they doing in the credit industry?

 

Also, they are not legally obliged to send a copy of the Deed of Assignment at all (although they would need to produce this in court if you insisted upon it). What they should have sent (but often don't) is a written notice that the agreement has been assigned, normally in the form of a letter.

 

Regards, Pam

[InKogneeToh]

Hi

 

Yes, the rest of the letter is fine. Have you SAR'd the original creditor yet? If not, do one and request ALL data from ALL relevant filing systems. You should then get info as to who they sold it to and when.

 

Regards, Pam

[InKogneeToh]

FULL SAR to GE Custom:

 

 

The Data Controller

Rip-off Bank Ltd

 

SUBJECT ACCESS REQUEST UNDER THE DATA PROTECTION ACT 1998

 

Dear sir/Madam

Please supply me with a complete copy of ALL relevant data, from ALL relevant filing systems held by you, that in any way relates to me as a data subject.

 

[Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my business with you. If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response] I'm not sure why you are including any of this bit - it is intended to find evidence of manual handling of your account and is only really of any relevance if you are intending to reclaim any penalty charges. If you are, then of course leave it it.)

I enclose the statutory maximum fee of £10 and understand that you have 40 days in which to comply.

 

Yours faithfully

 

 

[Furthermore, if I discover that you have levied disproportionate penalties against me, then I shall be reclaiming them, and also reclaiming the enclosed £10 DPA subject access request fee].I wouldn't put in any of this either - Never show your hand!

 

 

 

Will this do for the Full SAR Pam?

 

Have adjusted the letter to the DCA (HL) and Ill get that away tomorrow, it's ready to go.

 

If the above is ok for the full SAR I will send that tomorrow too.

 

 

Hi

 

Keep it short, simple and professional and never give them any prior knowledge of your intentions. I have re-jigged the letter but it's only a suggestion.

 

Regards, Pam