Vampyra -v- Various DCA's

[Laiste]

Hi everyone.

 

Rameses comments are deliberately provocative to get people on here to justify what they are doing. Nobody should feel they have to explain themselves, especially to such an individual, who may well be part of the parasitic industry of debt collection.

 

Banks, credit card Companies and DCA's have a right to assert what they believe is their legal right to collect a debt, and debtors equally, have EVERY RIGHT to challenge every aspect of a purported debt, from the validity of an agreement, through to harassment and the assignment of debts.

 

Such asinine comments IMO are not worth our consideration....we have better things to do with our time!

 

Regards,

 

Laiste.

[Laiste]

Hi everyone,

 

I thought I would pass on some information that hopefully will prove useful to those who have had debts sold by banks/ c/c's to third parties.

 

As you know, express notice in writing must be given to a debtor for it to be effective, under s136(1) of the Law of Property Act 1925. However, if said notice includes an amount demanded that is incorrect it renders the notice legally invalid. Reasons for the amount stated being incorrect will of course amongst other things include the stupidity of DCA's (no surprise there:wink:),the inclusion of penalty charges, interest on penalty charges, collection charges, charges imposed by the DCA not expressly provided for in the original contract...you get the picture! You cannot include charges that are unlawful in the amount requested. That said, even if the amount is simply misstated and not as a result of any charges it will still be invalid. A case which supports this position is W.F.Harrison & Co Ltd v Burke [1956] 1 WLR 419

 

Further on this matter, if the date detailed in the notice is incorrect it is also legally invalid. An incorrect date may become apparent if you ask for a copy of the DoA and a document is furnished purporting to be said DoA, which includes the date of execution of the assignment which differs from that in the notice. Additionally, where a notice is sent advising that an assignment will be effected at a particular date in the future, the notice is invalid because it should detail an assignment that has already been executed, not one to be executed at some specified, or even unspecified date in the future. The above quoted case also refers to notices with an incorrect date. There are other cases which I will detail and other particulars that will render a notice invalid, which I will detail when I have a little more time!

 

I hope this information is helpful for people.

 

Regards,

 

Laiste.