Cap quest! Help please

[miliitant]

Re: Cap quest! Help please

no doubt TEABOY2 will have some valid comments

i feel this is to important to sweep under the carpet and clarity is needed as i have retired for the moment as a score draw in this debate :tinysmile_hmm_t2:

[CleverClogs]

Re: Cap quest! Help please

I see just names you have a problem with.

No.

You are Peter Bard and I claim the News Chronicle prize!

[MIKE770]

Re: Cap quest! Help please

Tea Break Beagles!!!!!?

[Guest]

Re: Cap quest! Help please

No.



You are Peter Bard and I claim the News Chronicle prize!

Yes i get a lot of that, i take it that you are no longer confused about the issue in question, that's good.

D

[miliitant]

Re: Cap quest! Help please

Yes i get a lot of that, i take it that you are no longer confused about the issue in question, that's good.

I AM CONFUSED.COM

[Nic]

Re: Cap quest! Help please

Hi all I'm now very confused from reading the posts am I still right in my understanding that as any alleged debt is from 2006/2007 then the new law Davy b is talking about does nit apply? Also cleverclogs could you clarify what you meant by they have absolute assignment? Nothing has been sent recorded. Only letters I have are the ones I've been posting on here
Thanks

[Guest]

Re: Cap quest! Help please

Hi all I'm now very confused from reading the posts am I still right in my understanding that as any alleged debt is from 2006/2007 then the new law Davy b is talking about does nit apply? Also cleverclogs could you clarify what you meant by they have absolute assignment? Nothing has been sent recorded. Only letters I have are the ones I've been posting on here
Thanks

Hi

Yes my point was mealy an NB as i said, the "new law" if it applies does not apply to agreements made before Feb 2012.
In your case an assignment would have have had to be made and a notice sent to you under section 196.
The effect of none compliance on the enforceabiity is debatable.

D

[Nic]

Re: Cap quest! Help please

Sorry could you explain your last sentence in more basic terms I'm not very good at this. Also something I've just thought of would an assignment notice need to have been sent before they started sending me letters? Thanks

[Guest]

Re: Cap quest! Help please

HI

Sure. For a creditor to sell an account to a third party(the debt collector), it has to be done in a certain way.
The Law of property act 1925 sets out what must be done in order to correctly transfer ownershp.

If this procedure is not carried out properly it can be argued that the sale did not take place, so the account still resides with the original owner, which in turn means that the DCA has no right to take you to court(it does not own the account).

One of the things that must be done, is that you(the debtor )has to be sent a notice of the assignment as soon as the sale is made, this is to let you know that the account has changed hands.

D

[Guest]

Re: Cap quest! Help please

Hi

The effect of none compliance on the enforceabiity is debatable.

D

Sorry you meant this sentence.

The success or failure of this argument depends pretty much on who is sitting in the big chair on the day, also to an extent on how efficiently the point is argued.
There are certainly no guarantees with this argument and I have seen judges disregard this as nonsense.

D

[MIKE770]

Re: Cap quest! Help please

Too many interpretations on too many subjects handled by these DJs, when will Black & White be not classed as Red/Green by some??

[Nic]

Re: Cap quest! Help please

By djs are you meaning judges mike770? I think the best thing for me to do is until I receive formal court summons then I shall not be responding to the dca of this alleged debt as still since receiving letters from them I have made no respnse at all so for all they know I don't even live at this address I'm currently looking for another property anyway also what worries me is if they do take me to court I would have no idea what to do militant did say the would advise me but I have severe mental health problems and this is impacting me greatly

[miliitant]

Re: Cap quest! Help please

Sorry you meant this sentence.

The success or failure of this argument depends pretty much on who is sitting in the big chair on the day, also to an extent on how efficiently the point is argued.
There are certainly no guarantees with this argument and I have seen judges disregard this as nonsense.

D

for once i am in agreement with the above statement

i have used s.196 LOP Act three times so far and all have been positive outcome

most cases that are decided in the county court are a judge lottery, some judges do not even understand the basic principles of the CCA.

I find that quoting statute legislation and case law in a defence puts a judge on notice and still holds the field

i have never been a fan of a judges interpretation of the law, the law is the law, and i follow it to the letter

through out this thread, all that seems to have happened is we have just confused the poster for no reason

davyb

this is the second time we have clashed over statutory obligation and in future, if we disagree, might i sugest we start our own thread on the matter

please do not take offence as i am willing to learn and your arguments have been sound to debate, but most posters will not have a clue what we are talking about and the last thing we need is disharmony

[MIKE770]

Re: Cap quest! Help please

By djs are you meaning judges mike770? I think the best thing for me to do is until I receive formal court summons then I shall not be responding to the dca of this alleged debt as still since receiving letters from them I have made no respnse at all so for all they know I don't even live at this address I'm currently looking for another property anyway also what worries me is if they do take me to court I would have no idea what to do militant did say the would advise me but I have severe mental health problems and this is impacting me greatly

We would get over that hurdle if it ever cropped up, as Militant says, meantime see if anything transpires!!

[Nic]

Re: Cap quest! Help please

Thank you both