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Legal clause for selling, assigning, or transferring account to third party

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  • #61
    Re: Legal clause for selling, assigning, or transferring account to third party

    Thats the whole point HW there are always a lot of IFS . If a good DN has been issued, if LPA has been followed, IF the CCA request is compliant .
    However I see where walesman is coming from , it is business and much as I don't like it , people are in business to make a profit. You do not think twice about paying £4 for a bottle of WKD in a bar that can be bought from a supermarket for 99p or £4.50 for a glass of wine when the whole bottle cost less than that.

    More and more debts since 2007 have been enforceable however I have had more sucess in getting post 2007 debts written off than I have with pre 2007 debts . Most of my PDL's are gone after following complaints through to the FOS etc about irresponsible lending, bad practice etc. £1200 to Lowells gone for a credit card -with no DN .

    I noticed tha actual NOA was addressed to "who it may concern" I think thy have royally screwed up and the DN is defective BUT these can be put right , if only the OC had screwed up with the DN before sale


    My understanding of the insolvency rules is that part 11 is about the sharing out of proceeds to creditors of insolvent companies so I still do not see what that has got to do with a NOA http://www.legislation.gov.uk/uksi/1...4/part/11/made

    Comment


    • #62
      Re: Legal clause for selling, assigning, or transferring account to third party

      Originally posted by Berniethebolt View Post
      Thats the whole point HW there are always a lot of IFS . If a good DN has been issued, if LPA has been followed, IF the CCA request is compliant .
      However I see where walesman is coming from , it is business and much as I don't like it , people are in business to make a profit. You do not think twice about paying £4 for a bottle of WKD in a bar that can be bought from a supermarket for 99p or £4.50 for a glass of wine when the whole bottle cost less than that.

      More and more debts since 2007 have been enforceable however I have had more sucess in getting post 2007 debts written off than I have with pre 2007 debts . Most of my PDL's are gone after following complaints through to the FOS etc about irresponsible lending, bad practice etc. £1200 to Lowells gone for a credit card -with no DN .

      I noticed tha actual NOA was addressed to "who it may concern" I think thy have royally screwed up and the DN is defective BUT these can be put right , if only the OC had screwed up with the DN before sale
      **** This How This Debt Was Passed To The Current Owner****

      My understanding of the insolvency rules is that part 11 is about the sharing out of proceeds to creditors of insolvent companies so I still do not see what that has got to do with a NOA http://www.legislation.gov.uk/uksi/1...4/part/11/made
      11.11 Shows how this has been transferred!

      nem

      Comment


      • #63
        Re: Legal clause for selling, assigning, or transferring account to third party

        Are we reading the same document
        PART 11
        DECLARATION AND PAYMENT OF DIVIDEND (WINDING UP AND BANKRUPTCY)



        Assignment of right to dividend

        11.11.—(1) If a person entitled to a dividend gives notice to the responsible insolvency practitioner that he wishes the dividend to be paid to another person, or that he has assigned his entitlement to another person, the insolvency practitioner shall pay the dividend to that other accordingly.(2) A notice given under this Rule must specify the name and address of the person to whom payment is to be made.

        I can't find anything to suggest that the OC are insolvent and in any event if they were insolvent the 'asset' i.e the loan book would be sold as one thing and the proceeds of that divided between the creditors

        Comment


        • #64
          Re: Legal clause for selling, assigning, or transferring account to third party

          Originally posted by Berniethebolt View Post
          Are we reading the same document



          I can't find anything to suggest that the OC are insolvent and in any event if they were insolvent the 'asset' i.e the loan book would be sold as one thing and the proceeds of that divided between the creditors
          I think if you look carefully you may find the original PDLC no longer operates in that sector.

          Comment


          • #65
            Re: Legal clause for selling, assigning, or transferring account to third party

            Originally posted by nemesis45 View Post
            I think if you look carefully you may find the original PDLC no longer operates in that sector.
            And I think if you look carefully you will find the company of which they were a trading style still do exist, well according to companies house anyway https://beta.companieshouse.gov.uk/company/06265248

            In any event unless SLL are acting on behalf of the liquidators that clause is invalid as the book would have been sold .

            HW did tell us in an ear;y post that the company was still trading

            Comment


            • #66
              Re: Legal clause for selling, assigning, or transferring account to third party

              Originally posted by Berniethebolt View Post
              And I think if you look carefully you will find the company of which they were a trading style still do exist, well according to companies house anyway https://beta.companieshouse.gov.uk/company/06265248

              In any event unless SLL are acting on behalf of the liquidators that clause is invalid as the book would have been sold .

              HW did tell us in an ear;y post that the company was still trading
              Who says it wasn't??

              Comment


              • #67
                Re: Legal clause for selling, assigning, or transferring account to third party

                You did.

                AFM is a trading name (not a subsidiary) of the parent company, the legislation quoted is to do with insolvency , hence for it to be applicable they would have to be insolvent .

                In which case why was that legislation ?

                Comment

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