DuckyFuzz vs V.Bad Robot!

[DuckyFuzz]

Hello! please excuse me if I have a sniff around for stuff on assignment...:beagle:

I have a few problems with some creditors and one has taken me to court.

There are two invalid defaults which no not allow for the 14 days after service and also demand the repayment of the total balance on the loan account. The default state that the only further action to be taken is legal to recover the total balance.

A third default (never received) seems to be reported on my credit file six months after the end of the fixed term. It also reports missing payments after the fixed term of the loan, which amount to double the payments actually missed.

The OC has taken me to court, even though I've had a NOA and a 86(B) notice from the new creditor. Does the OC have any right of action if he is no longer the creditor and has assigned all his rights/security to another party?

As it is the OC I was interested in section 142 (Power to declare rights of parties) and perhaps to enforce another term of the agreement against them.

Thanks

aw:

[middenmess]

Re: DuckyFuzz vs V.Bad Robot!

Hi Duckyfuzz

if you post up your Default Notices etc. minus personal information then posters will be able to offer advice.

I'd be inclined to change the title of your post to better reflect your problem and attract the attention of members here.

[DuckyFuzz]

Re: DuckyFuzz vs Fixed Loan Company

Hi middenmess,

I will scan them up later today but in summary (figures made up):

First Default
Dated 11th July 08
Provision Breached: Under the above agreement you undertook to pay monthly payments of £300
Nature of breach: You have failed to maintain these payments and are therefore in breach of the payments clause of the agreement.
Action required by you: Earlier payment of the total balance of £4000
Date by which action is required: Payment must be received on or before 25th July 08
Further Action: We may commence legal proceedings to recover the total balance.

Second Default
Dated 27th October 08
Provision Breached: Under the above agreement you undertook to pay monthly payments of £300
Nature of breach: You have failed to maintain these payments and are therefore in breach of the payments clause of the agreement.
Action required by you: Earlier payment of the total balance of £3000
Date by which action is required: Payment must be received on or before 9th November 08
Further Action: We may commence legal proceedings to recover the total balance

Extra para: You should be aware that if we take you to court and get a judgement against you requiring you to pay us the money you owe under the agreement, you may have to pay us both the amount of the judgement and interest under the agreement on all sums owed by you at the date of the judgement until you have paid these in full. This means that even if you pay off the whole amount of the judgement, you may still have a further sum to pay.

The account was passed on to the internal debt collection agency to recover the total balance.

Background: I was made redundant and made 12 monthly payments before falling behind and resulting in the first DN. So far 80% paid with respect to the first DN and 70% with respect to the 2nd.

The transfer of my loan was made by the boards of directors of X & Y.

Do I need an admin to change the title? it doesn't seem to work. It's all very stressful, another dca keeps threatening doorstep collectors and sent me an interim notice. I have no CCJ's and I don't own a property.


aw:

[middenmess]

Re: DuckyFuzz vs V.Bad Robot!

A very quick reply would be that if they haven't terminated the account by either writing and telling you so or by demanding full payment then the faulty D/N's mean nothing.

[DuckyFuzz]

Re: DuckyFuzz vs V.Bad Robot!

I have a couple of demands for the outstanding balance and not the arrears.


:doggieyes:

[middenmess]

Re: DuckyFuzz vs V.Bad Robot!

I have a couple of demands for the outstanding balance and not the arrears.


:doggieyes:

Ah!

[DuckyFuzz]

Re: DuckyFuzz vs V.Bad Robot!

Sorry it took a little while to get the scanner working........ not used to fedora yet :beagle:

Here's the first letter I received from the DCA. The covering letters for the dn's also state the arrears but demand payment of the total balance immediately.




Uploaded with ImageShack.us

aw:

[DuckyFuzz]

Re: DuckyFuzz vs V.Bad Robot!

Hiya!

Can I make a complaint to the SRA about a solicitor regarding a claim which is stayed?

Just wanted to pop some Christmas presents in the post.

*edit* The solicitor is Bryan Carter

:clgblinkie171: