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No CCA

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  • No CCA

    Can anyone clarify how can a secured loan be sold 'new' owner.. the current owner has no CCA so how can they legally withhold you when they have no CCA eg Ge and others selling to Elderbridge
    Tags: None

  • #2
    they can - but subject to any possible proceedings show a CCA later on in any enforcement, no cca does not mean no account used?

    Comment


    • #3
      Sorry does that mean they do not need CCA .. intrigued how can they not have agreement but enforce their rules?

      Comment


      • #4
        they can start proceedings but would need to supply an enforceable CCA before it goes in front of a judge,, Rules??????

        Comment


        • #5
          Sorry maybe I'm being obtuse does that mean they have no rights but can apply for them and then enforce ? Ive a dragged out FOS case re GE sold loan to Elderbridge fos cant decide whose responsable .. Elderiridge have no cca say zero arears but charging for GE arears ..who told me to miss payment argh its complex but if they have no cca how they apply ?? They either have right or not ??

          Comment


          • #6
            Sorry can you clarify if no cca do they have to apply enforce or by paying loan deemed acceptance .. either cca stands or not and your answer was unclear again if lender has no cca how can they enforce ??

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            • #7
              So once again if your loan unjustly sold on no rights they have no cca but can get one farce law is an arse as Charles Dicksons apparently said

              Comment


              • #8
                If its a secured loan, then the mortgage credit directive suggests that the CCA is no longer relevant anyway
                I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

                If you need to contact me please email me on Pt@roachpittis.co.uk .

                I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

                You can also follow my blog on consumer credit here.

                Comment


                • #9
                  Thank you PT2577 that explains it

                  Comment


                  • #10
                    Argh so FOS gave processional response re DD complaint in July appeared in my favour but main case miss advise told to missing payments so they could consider payment plan no notification of reprossecion fees paid then added interest told to kill myself by ge.. etc guess what they say out if time seriously FOS have ignored Elderbridge not showing fees on statements way I got here .. ignored used all tips on forum CCA non CCA I despair wonga get wiped out but homeowners exploited and apparently mental illness lender aware suicidal is not exceptional case
                    . Waiting on fos over four years conclusion they have not bothered to read full case and being told to kill yourself is acceptable .. omg what in the world they know full well screwed over can not afford to take to court .. there must be more out there it is like first plus .. group action ?

                    Comment


                    • #11
                      So fos think it ok to be told to kill yourself charged excessive rates due to malucious advise and ignore points on case really they have emails evidence have not bothered to read .. what is point if fos??I do not expect them to agree but I expect them to read digest all aspects of a complaint case and come to an objective opnion not ignore all points gloss over and ignore .. and say suicide is not an exception sorry FOS but killing yourself is ok in your books ie told by GE to kill myself .. so what is an exception when I am dead and you can use it as media case? What why FOS unaccountable ??

                      Comment


                      • #12
                        Originally posted by redstar View Post
                        Thank you PT2577 that explains it
                        Think its time to take the FOS to court too along with the scam artists First Plus. The FOS are trying desperately to resolve the situation with the consumers but they don't understand the case and the misselling situation and the high interest we have all been charged. Has anyone else had a similar situation?

                        Comment


                        • #13
                          Originally posted by mrbean13 View Post

                          Think its time to take the FOS to court too along with the scam artists First Plus. The FOS are trying desperately to resolve the situation with the consumers but they don't understand the case and the misselling situation and the high interest we have all been charged. Has anyone else had a similar situation?
                          Sorry, just to clarify what is your claim against the FOS?
                          I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

                          If you need to contact me please email me on Pt@roachpittis.co.uk .

                          I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

                          You can also follow my blog on consumer credit here.

                          Comment


                          • #14
                            Ok update on my case which according to FOS despite being raised as one case is now 3

                            DD Elderbridge sent incorrect letter about DD change refused to accept DD acceptance FOS due to long drwann out cases founding my favour Elderbridge refund interest as adjust balance to DD amount they had refused but said I have to pay they are also to pay 300 pounds in compensation final FOS decision went to review etc they Elderbridge given until 14.11.19 to pay up..not holding breath
                            Main case misadive told to miss payments by GE then reprocessing instructions notice paid legal fees additional charges despite FCA in public declaratio sayiglegal fees charges should not be applied cases Elderbridge dismissedapplyig late fees and interest .. after ongoing for four years with fos they are however pursing reason for Elderbridge refusing dear request but not GE..who refused SARS as my signature didn't match theirs ... Elderbridge have said they have refunded charges and simple interest o evidence of this an ignored requests to show when apparently refunds applied for aware ignored point so after 4 years FOS ignore main points unclear statements charges etc looking at subject access refusal .. GE telling me to kill myself and they would get house .. actual words used by GE after taking payment to be up to date and then told they would apply further charges

                            Interest applied brought up in original case questioned if capilised as not addressed by either FOS or Elderbridge so FOS have opened third case .. seriously all this and more was on original case feel really messed about do FOS read their cases horrible ... Anyone else any info on Elderbridge statements charges and capitalisation ?? Xx

                            Sorry long post a brief description of what is going on help anyone ?

                            Comment


                            • #15
                              Ps four years nearly five years FOS creating cases in points in original case sent to ombudsman who clearly did not read full case now one case hitting five year mark with one newly opened by FOS despite being detailed in original complaint and other case final decision Elderbridge instructed .. which Elderbridge HAVE IGNORED this is making me dizzy and sick anyone heard of such as situation ? Help please

                              Comment

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