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Valid consumer credit card application

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  • Valid consumer credit card application

    Help please,
    I have just found a copy of my original application for a credit card I applied for back in 2002. In the address box it has my wife’s name and address, but the rest of the information is all mine, including the signature. Also I have scoured through the small print and can find no details stating that they can pass any debt on to another party.
    Question 1 is this legally enforceable?
    Question 2 on the background of default on this account I was taken to court and now have a CCJ and debt secured on my jointly owned property, can I do anything about this?
    Any help is greatly appreciated.
    Tags: None

  • #2
    Q1. Probably yes. I take it that you have found nothing that prohibits assignment.

    Q2. If the charging order is only on your interest in the jointly owned property, then it is likely that a Form K restriction is shown on your Land Registry title. Dealing with these on a sale of the property is straightforward - https://legalbeagles.info/forums/for...itle-for-house
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

    Comment


    • #3
      Originally posted by atticus View Post
      Q1. Probably yes. I take it that you have found nothing that prohibits assignment.

      Q2. If the charging order is only on your interest in the jointly owned property, then it is likely that a Form K restriction is shown on your Land Registry title. Dealing with these on a sale of the property is straightforward - https://legalbeagles.info/forums/for...itle-for-house
      Thanks for your help, I think I have read somewhere that the only way a debt can be passed on was if it was written in the small print?
      I have had no notice of Assignment, I have asked for proof of a Deed of assignment but have not received any response.
      I really don’t think they have acted professionally but need a legal loophole!

      Comment


      • #4
        Notice of assignment is a necessary step.
        Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

        Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

        Comment


        • #5
          Originally posted by atticus View Post
          Notice of assignment is a necessary step.
          Does this need to come from the original creditor?
          Would this and the legal Deed of assignment be part of an investment portfolio purchased by a DCA.
          Appreciate the information

          Comment


          • #6
            q1. no
            q2. possibly.
            Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

            Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

            Comment


            • #7
              Originally posted by atticus View Post
              q1. no
              q2. possibly.
              I’ve been told I cannot have a copy of the Consumer credit application or a notice of assignment or a copy of the Deed of assignment due to the age of the debt, I am seeking further legal clarification but any further advice would be appreciated.

              Comment

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