Strategy for beating old Over Draft Debt

[charitynjw]

Re: Strategy for beating old Over Draft Debt

I was more interested in any legislation around what they have to do. I know that they have to send a notice of assignment to the debtor. Is there anything else?

It has to be served (ie brought to your attention - but see the Interpretation Act re post).
There is no formal documentation (Compare with a Default Notice, s87 CCA).
All that the notification has to inform the mortgagor is that the debt has been sold by A & bought by B.
Dates & amounts are not necessary in the notice for the assignment to be absolute.

[pandamonia]

Re: Strategy for beating old Over Draft Debt

You might not be.
Unfortunately, other viewers might be hoping for exactly that result.

The issue is that unless people have the confidence to fight these people then to many people roll over and pay up. Which then creates the very problem we have with these companies. Its taken me a long time to find out that these cowboys have to follow the exact rules of the CCA in order to collect in court. For example i didnt know that if a letter was posted on the 1/1/2016 with 14 days to respond to the default notice from that date then technically that debt unenforceable because by the time the letter arrives on your door step via the post you no longer have 14 days and are in breach of s88.

A debt collection company has no power in order to change what happened 6 years ago though does it not? They are handed a deck of cards and can only play the hand they are given unless they use dishonest means to achieve their goal...

[charitynjw]

Re: Strategy for beating old Over Draft Debt

Im not looking for any trade secrets

You might not be.
Unfortunately, other viewers might be hoping for exactly that result.

[pandamonia]

Re: Strategy for beating old Over Draft Debt

Yes I do

But that's not something I could post on a public forum otherwise that would enable the creditors and debt purchasers to remedy things if they saw it (they read the forums).

There are hundreds of creditors with different wording in their Deeds of Assignment. We have a library of them but it's not for sharing. It takes years to build up a knowledge bank.

Di

I was more interested in any legislation around what they have to do. I know that they have to send a notice of assignment to the debtor. Is there anything else?

Im not looking for any trade secrets

[charitynjw]

Re: Strategy for beating old Over Draft Debt

i have read this section and i have seen other cases where this has been used. it seems like a hard way to win a case in court.
If it was easy, everybody would be doing it.

Do you know anything about the legal requirements around deed and notice of assignments?
NoA - s136 Law of Property Act 1925
Deed of Assignment - conflicting opinions on this; to my mind, it's a tricky one to offer as a challenge/defence, but there does seem to be some success with it. I can't/won't say more than that.

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[Diana M]

Re: Strategy for beating old Over Draft Debt

Do you know anything about the legal requirements around deed and notice of assignments?

Yes I do

But that's not something I could post on a public forum otherwise that would enable the creditors and debt purchasers to remedy things if they saw it (they read the forums).

There are hundreds of creditors with different wording in their Deeds of Assignment. We have a library of them but it's not for sharing. It takes years to build up a knowledge bank.

Di

[Diana M]

Re: Strategy for beating old Over Draft Debt

What i want to do is find the loop holes in these civil cases and im guessing its learning the Consumer Credit Act.

Or asking someone who already knows the CCA back to front and more importantly knows how to apply it in legal proceedings.

Google can help too, albeit in a limited way

The bottom line is there is no single "loophole" to defeat claims. There are several statutory measures applying to different situations in different ways at different stages of the proceedings.

If there were a loophole it would likely be closed off by an amendment to the CCA.

I believe the FCA is looking into making things less consumer friendly in the near future too.

Di

[pandamonia]

Re: Strategy for beating old Over Draft Debt

Possibly s140A?

i have read this section and i have seen other cases where this has been used. it seems like a hard way to win a case in court.

I understand the need for accurate and honest documentation which is a great way to win a case if they make a mistake such as wrong company names, brand changes or people who never worked for the company at the time signing the documents etc.

Do you know anything about the legal requirements around deed and notice of assignments?

[pandamonia]

Re: Strategy for beating old Over Draft Debt

Speeding tickets are dealt with by the Magistrates Court. Debt claims are dealt with by the County Court.

Different legal procedures involved.

Di

Yes i know, but when rules have to be followed then there is scope to beat them at their own game. Understanding those rules is how i learn to beat them. Sometimes a single rule is enough to repeatedly beat them. I found one loop hole with speeding tickets which has served me well for 10 years. What i want to do is find the loop holes in these civil cases and im guessing its learning the Consumer Credit Act.

[charitynjw]

Re: Strategy for beating old Over Draft Debt

Possibly s140A?

[Diana M]

Re: Strategy for beating old Over Draft Debt

i have successfully beaten 4 speeding tickets by using their own system against them. . . . and now im fighting these debt purchasers.

Speeding tickets are dealt with by the Magistrates Court. Debt claims are dealt with by the County Court.

Different legal procedures involved.

Di

[pandamonia]

Re: Strategy for beating old Over Draft Debt

What do you look out for when it comes to Notice & Deeds of assignment between debt owners?

[Diana M]

Re: Strategy for beating old Over Draft Debt

So what regulations force a lender then to provide 14 days between the default warning and and being defaulted?

Section 88 (2) CCA 1974

[pandamonia]

Re: Strategy for beating old Over Draft Debt

The FCA guidelines only relate to the 'conduct' of a business in the way that it trades/does business. They have no relevance to the legal procedure in county court claims.

The FCA guidelines are just guidelines punishable by a sanction or fine from the FCA if broken (not often enough in my view ).

Di

So what regulations force a lender then to provide 14 days between the default warning and and being defaulted? I take it its the consumer credit act?

So what rules in the Consumer Credit Act can you use to your advantage?

[Diana M]

Re: Strategy for beating old Over Draft Debt

I was under the impression that these debt companies have to adhere to many regulations under the FCA guidelines.

The FCA guidelines only relate to the 'conduct' of a business in the way that it trades/does business. They have no relevance to the legal procedure in county court claims.

The FCA guidelines are just guidelines punishable by a sanction or fine from the FCA if broken (not often enough in my view ).

Di