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

[highwire]

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

Afternoon all, I've scanned all the docs so will try and upload them now...

[Berniethebolt]

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

Afternoon Highwire
Can you just confirm for us please, did you send a CCA request or just a prove it type letter?

[highwire]

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

It wasn't a formal CCA request no, just a prove it letter with request for all documentation. They sent me the credit agreement but no T&Cs. I have looked through all my files and it doesn't appear that I ever received the T&Cs from the OC either.

I'm having trouble figuring out how to upload docs onto the forum, do you know how I do this please? [edit - no worries I think I've got it ]

[Berniethebolt]

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

If you click go advanced you should see a paperclip , you can upload them there.

Otherwise email them to kati@legalbealgles.info who will do them for you , just remember to tell her which thread.

As you did not receive the terms and conditions it is impossible to say if there is a clause allowing them to sell your account. I would be very surprised if there wasn't especially if it was one of the better known PDL's. Of course a formal CCA request would cure that problem and get you the T&C's if they have them.

If the PDL is still going you might be able to find the T&C's on their website or someone here might have a copy

[highwire]

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

I've found a site that converts to pdf so will try that

[highwire]

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

Hopefully you can open these attached docs now?

[Berniethebolt]

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

Well unless my glasses aren't working I can not see a remedy date on that default notice. Also is the amount on the default what you borrowed or what you should have repaid . Of course if it was only the amount borrowed they would try to argue that they were the ones prejudiced but that excuse has failed in the past , maybe FP can tell us where .

You are right that there is no mention of assignment on the contract but as I say a full CCA request would probably find that.

[highwire]

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

Well unless my glasses aren't working I can not see a remedy date on that default notice. Also is the amount on the default what you borrowed or what you should have repaid . Of course if it was only the amount borrowed they would try to argue that they were the ones prejudiced but that excuse has failed in the past , maybe FP can tell us where .

You are right that there is no mention of assignment on the contract but as I say a full CCA request would probably find that.

Well spotted Bernie, I didn't even think of that! The amount on their default notice is a random figure they have come to after 'writing down' the balance. It's not the amount borrowed nor the amount claimed from a different DCA who previously managed the account.

But not forgetting the OC did not ever default or terminate the account, I'm not sure SLL have any legal right to default it? Surely it can't be sold without 1. being defaulted by OC and 2. having a clause that permits the sale of the agreement...?

So going back to my first post on the thread, which law is it that requires this legal clause? (if anyone knows) :tinysmile_twink_t2:

[FlamingParrot]

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

Well unless my glasses aren't working I can not see a remedy date on that default notice. Also is the amount on the default what you borrowed or what you should have repaid . Of course if it was only the amount borrowed they would try to argue that they were the ones prejudiced but that excuse has failed in the past , maybe FP can tell us where .

There is a field for a date that has been blanked out by highwire along with their personal details. :noidea:

Well spotted Bernie, I didn't even think of that! The amount on their default notice is a random figure they have come to after 'writing down' the balance. It's not the amount borrowed nor the amount claimed from a different DCA who previously managed the account.

But not forgetting the OC did not ever default or terminate the account, I'm not sure SLL have any legal right to default it? Surely it can't be sold without 1. being defaulted by OC and 2. having a clause that permits the sale of the agreement...?

A DN should have been issued by the OC at the time you stopped making contractual payments, giving you at least 14 days (plus extra days for service) to remedy the breach, asking you to repay just the amount in arrears at the time.

[highwire]

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

Thanks FP. The date(s) blanked out are 2013 and refer to the agreement date.

I'm presuming they'll issue another court claim soon so was really hoping someone knows which statute that clause falls under for my defence? I'm not sure whether it's the CC Act 1974, Law of Property, or something else entirely?

What are your thoughts re this route for defending?

[Berniethebolt]

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

There is a field for a date that has been blanked out by highwire along with their personal details. The field blanked out would be the date of issue wouldn't it , there should be a remedy date instead it just says before the date shown, how can you remedy something before the date of issue. It doesn't even say 18 days from the date shown .


A DN should have been issued by the OC at the time you stopped making contractual payments, giving you at least 14 days (plus extra days for service) to remedy the breach, asking you to repay just the amount in arrears at the time.

I have been looking at the CCA http://www.legislation.gov.uk/ukpga/1974/39/section/82
as well as consumer credit regulations https://www.gov.uk/government/upload...e-guidance.pdf
and can not find what you need.

[FlamingParrot]

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

Thanks FP. The date(s) blanked out are 2013 and refer to the agreement date.

I'm presuming they'll issue another court claim soon so was really hoping someone knows which statute that clause falls under for my defence? I'm not sure whether it's the CC Act 1974, Law of Property, or something else entirely?

What are your thoughts re this route for defending?

The need for a DN is contained in s.87 of the CCA: http://www.legislation.gov.uk/ukpga/1974/39/section/87

87Need for default notice.

(1) Service of a notice on the debtor or hirer in accordance with section 88 (a “default notice ”) is necessary before the creditor or owner can become entitled, by reason of any breach by the debtor or hirer of a regulated agreement,—
(a) to terminate the agreement, or
(b) to demand earlier payment of any sum, or
(c) to recover possession of any goods or land, or
(d) to treat any right conferred on the debtor or hirer by the agreement as terminated, restricted or deferred, or
(e) to enforce any security.

[highwire]

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

I wonder if PT2537 would know? (are you able to tag members on here?)

[FlamingParrot]

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

I wonder if PT2537 would know? (are you able to tag members on here?)

Yes you can: [MENTION=551]pt2537[/MENTION]

[highwire]

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

The need for a DN is contained in s.87 of the CCA: http://www.legislation.gov.uk/ukpga/1974/39/section/87

Oh sorry FP, I meant the clause/term necessary to permit the sale/assignment of the account? I've been told that without this prescribed term, the agreement will be unenforceable?