Debt purchasing and assignment

[MIKE770]

Re: Debt purchasing and assignment

So, HSBC was the original "Creditor"?
On what date did HSBC first mark the CRA credit file with a default?
On what date did HSBC serve a Default Notice under section 87 of the CCA?

If, you are unsure of these facts, I suggest that you make a subject access request (SAR) to HSBC and;
request under section 7 of the DPA, copies of the credit file in question from the Credit Reference Agencies.

HSBC do not keep copies of Default Notices (FOS) info to me but just a record of one dated in records, but SAR anyway.

[Roy Clayton]

Re: Debt purchasing and assignment

Holder for when I get my head in gear

If anyone has any questions on this, feel free to ask.

Hi Curlyben

Very interesting post. I have a problem with Lowell Portfolio who claim to have absolute assignment of a mobile phone agreeement I had with 3 mobile in 2006. I cancelled the agreement in January 2007 because they had breached the agreement and their customer service is appalling. My last payment was made December 2006 and as far as I understand the account should not have been assigned in accordance with OFT guidelines. I finally got Lowell into court in March 2012, Lowell claimed they had absolute assignment and claimed that they sent me a notice of assignment in January 2008. I wont go into all the reasons why the NOA's are clearly fabricated retrospectively, several versions different dates, removed logos, and wrong addresses to name a few, but I have a few questions you may be able to help with.

Lowell claimed in court that section 196(4) only applies to mortgages and they had no obligation to prove service of the NOA. Is this correct?
Lowell admit they sent the hello and goodbye letters relating to assignment. This was allegedly in January 2009 before the EU Consumer Directive allowing the assignee to issue the NOA. Does this mean assignment was not perfected given that the 3 mobile letter did not come by the hand of assignor as confirmed by LOP Section 136(1)?If my contract was cancelled and Lowell have agreed it was, are they entitled to claim the early termination fee they added after the debt was sold? This is essentially a benefit of the contract. Does novation apply, which I would not have agreed to?
The goodbye letter from 3 but produced by Lowell quoted the account number wrong and included the termination fee. As the ammount was incorrectly stated and the account number transposed incorrectly on one half of the NOA, is the notice invalid anyway. Its a technicality but as they are not playing fair am I within my rights to latch onto this one?There was no default notification from either 3 mobile or Lowell and both say there was no obligation to send me one. However, 3 and Lowell have different default information on my Experian file. How can they claim that my account is not covered by CCA and then register a default?Lowell claim they bought my account on 12 September 2008 and elswhere on 25 September 2008. However 3 mobile say they sold it 17 October 2008 which is correct on their computer system print out. Lowell wont show me the deeds of assignment as they say they contain third party information. If the deeds state the wrong purchase date is assignment again invalid?

Lowell have defied all my attempts to get disclosure of information and the ICO fails me. I have tried court applications under CPR and section 7 DPA. I am back in court in November 2012 for an Appeal after a Senior District Judge accepted that there had been procedural irregularities during the initial court case. Any help you can give me would be very much appreciated. I could also do with some help on Civil Procedures if you have any experts in that field.
Cheers
Roy

[Guest]

Re: Debt purchasing and assignment

The comment about mortgages is nonesence. This relates to CCA debts but clarifies some of the points raised.

http://www.bailii.org/ew/cases/EWHC/QB/2012/2402.html

1. The judge found that the assignment was a valid legal assignment under section 136 of the Law of Property Act 1925. He found that the three conditions for the validity of such an assignment were satisfied, namely: that the assignment was absolute and not by way of charge; that it was in writing under the hand of the assignor, and that express notice in writing had been given to the debtor.

D

[Roy Clayton]

Re: Debt purchasing and assignment

Lowell just responded to my DPA Section 7 request took them 42 days, but guess what? They removed everything between October 2008 and October 2009. The whle year where they claim to have issued the dodgy assignment letters. Any compromising information has been redacted. None of the documents relating to the transfer, still no terms and conditions or default letters and none of the letters from half a dozen trading styles which contravene the OFT Guidelines. I dont think when the judge looks this time he will confirm the three conditions were satisfied. I get the impression even the judges are tiring of their silly antics.

[John Wiles]

Re: Debt purchasing and assignment

Good afternoon,
I am helping a friend of my wife's who has received a letter from 1st Credit Ltd who are offering her a 50% discount on a debt of £2983.64 owed to Vanquis Bank.
I haven't yet looked into the reasons that the debt as acrued to see if there are any overcharges that could be questioned, but I would appreciate your views on paying the reduced sum of £1491.82 which is required by the end of October.
I have had some dealings with Vanquis Bank in the past and whilst I did help somebody who was being inundated with ever increasing bills, it was hard work and very time consuming.
Many thanks for any advice you can give to me as a numerate layperson with a sense of duty to those less fortunate than me.
Regards,
John Wiles

[Guest]

Re: Debt purchasing and assignment

HI
I think before any decision is made you need to verify both the account and the default balance. I would send a CCA request or better still a SDAR and get a breakdown.

We don't recommend debt evasion on here but it has to be said that this DCA do not usually offer deductions like this if they have an enforceable account. So I would ask to see the agreement as above, it may give you a bit of bargaining power.

D

[ruthles112]

Re: Debt purchasing and assignment

Thanks for the answer to my question of meaning of assignment. I've received court papers from Northampton BCBC for MBNA credit card debt assigned to Arrow Global Guernsey and have asked claimants solicitor for copies of original agreement with MBNA, deed of assignment, notice of assignment inc. proof of service, default notice and termination notice - all as per Militant's guide letter. However, alleged debt is now £12K odd so how do I modify the reference to CPR 27(2) being of no effect and they should not seek to avoid compliance with CPR31 duties by claiming otherwise. Thanks for your help.

[miliitant]

Re: Debt purchasing and assignment

Do not worry on the above

the judge will sort everything out if it gets the the allocation questionaire stage.

As its 12 k it will be a fast track application, but that has still to be decided

the rules on disclosure still have to be abided by and if they still refuse to supply documents we put in a draft order for directions at the aq stage

[ruthles112]

Re: Debt purchasing and assignment

Thanks very much. Have submitted ack of service online. In CPR31.14 letter to claimant solicitors, should I ask now for agreement to additional 28 days for submission of defence and if so appropriate wording please. Should I send this off with Certificate of Posting or Recorded Delivery?

[miliitant]

Re: Debt purchasing and assignment

You can ask for an extension as to cpr 15.5, but the solicitor has to agree to it in writing and you must inform the court if an extension has been granted

[jax50]

Re: Debt purchasing and assignment

have just received a letter from a DCA saying they have been writing to me at an old address for the past 2 years and more. So, while I'm thinking they haven't sent any statements, an assignment notice etc etc it seems they 'may' have sent them to previous address. Apart from the fact someone could have been reading all this confidential stuff (it was a Flat in London) my thoughts that they were just ignoring me maybe wrong.

I have sent all the CCA letters and up to now heard nothing..so now what ? They still haven't complied with the CCA and they are 'timed out'..

[miliitant]

Re: Debt purchasing and assignment

if the assignment notice was sent to your old address, ask for the electronic proof of delivery

as we all know

section 196 law of property act, the notice of assignment must be sent by recorded delivery

if they have not produced the agreement as to your request, that a perfect defence

when does the defence need to be in by

[jax50]

Re: Debt purchasing and assignment

if the assignment notice was sent to your old address, ask for the electronic proof of delivery

as we all know

section 196 law of property act, the notice of assignment must be sent by recorded delivery

if they have not produced the agreement as to your request, that a perfect defence

when does the defence need to be in by

Thank you Miliitant, for responding, very much appreciated.

They have the belief that they have complied with the CCA request as they have said 'we trust this now resolves the matter'. But they have not complied or proved via deed of assigment that they have any rights at all. No T&C, no assigment notice, no statements...nothing ! As yet they are still 'threatening', but not acting. I have enough to stay and counter any action at the moment.

[ruthles112]

Re: Debt purchasing and assignment

Hi - my situation has moved on a bit. No reply from solicitor re CPR31.14 request for copies of agreement with MBNA, deed of assignment, notice of assignment inc. proof of service, default notice and termination notice. Their 7 days after receipt was up Monday, 29/10. Also no re sponse to my request for 28 day extension. What do I do now. Defence is due by 7 Nov.
I've just checked with Royal Mail and although my letter was sent on 20/10 by 'recorded signed for' they are unable to confirm that it has been delivered. I cannot take the matter any further for 15 days (until 8 Nov) which is after I must present defence if no extension has been agreed. I was horrified that the post office do not take any responsibility to deliver in that amount of time. I'd expected guaranteed delivery on 22 Oct. Should I resend special delivery this time and advise the court of possible non-delivery of original letter?

[splendid]

Re: Debt purchasing and assignment

Hi

I am quite confused, maybe too much reading lol.

I have a alleged cc debt, the original creditor passed it to a DCA who passed it on to a solicitor to act on the OC behalf. Both DCA and solicitors operate from the same address.

I am in court on Tuesday as solicitor has applied to have my defence stuck out, which they could of done before allowing it to be stayed which has now been lifted 4 months later.

Solicitors state in letters I/we am/are AUTHORISED to act etc etc - I am asking to see that authorisation, I wrote

Quote" I request that you provide me with a certified and/or true copy of the deed of assignment, any / all contracts involving you and/or your client within 3 days of receipt of this letter" unquote

This is the reply I received

quote" please note that the debt has not been assigned as is apparent from the fact that the claimant in the proceedings is named as the original creditor" unquote.

I am asking for proof that they can lawfully collect a debt on behalf of the OC

Do I not have a right ?

Thanks in advance for any help