Debt Purchaser - DCA - Double Assignment - Duplicate Litigation

[charitynjw]

Re: Debt Purchaser - DCA - Double Assignment - Duplicate Litigation

Ah ha - I do remember reading this some years ago when I was preparing defence, this is really funny !

Under the "terms" thereon, they are not in fact a party to their own agreement ! lol !

:tinysmile_twink_t2:

I'm not sure what a court would make of that, but it would be fun pointing it out, lol!

[andi-leigh2]

Re: Debt Purchaser - DCA - Double Assignment - Duplicate Litigation

:tinysmile_twink_t2:

I'm not sure what a court would make of that, but it would be fun pointing it out, lol!

Well if a lender or account owner relies on T&C's then I would have thought that it was critical that every I should be dotted and every t crossed.

Theres a case from the past which ended up in The Supreme Court where a woman had a loan against her own car, and there was a minor critical error in the docs. It was ruled on appeal that they had to give her her car back AND all of the money she had paid. Its quite a well known case authority but the name isn't in my mind at the moment.

****EDIT****** Ive just remembered this - not related. Wilson v First County Trust where they added set up fees to loan and not to cost of credit. Not relevant here. (OP)

[charitynjw]

Re: Debt Purchaser - DCA - Double Assignment - Duplicate Litigation

Well if a lender or account owner relies on T&C's then I would have thought that it was critical that every I should be dotted and every t crossed.


Theres a case from the past which ended up in The Supreme Court where a woman had a loan against her own car, and there was a minor critical error in the docs. It was ruled on appeal that they had to give her her car back AND all of the money she had paid. Its quite a well known case authority but the name isn't in my mind at the moment.

Also, with reference to your earlier query re the DN & CDC; only the creditor/owner of a debt can issue a DN.
http://www.legislation.gov.uk/uksi/1983/1561/made 2(2)

[andi-leigh2]

Re: Debt Purchaser - DCA - Double Assignment - Duplicate Litigation

Also, with reference to your earlier query re the DN & CDC; only the creditor/owner of a debt can issue a DN.
http://www.legislation.gov.uk/uksi/1983/1561/made 2(2)

On the telephone CDC purport to be unassociated and refer to Tradepro Card Services Limited as "their client", however, upon checking the OFT Public Register at the time it appears that CDC are in fact TPCSL T/A CDC. Ill have to look at historic print out from OFT Register to confirm this.

[andi-leigh2]

Re: Debt Purchaser - DCA - Double Assignment - Duplicate Litigation

From 2011 OFT website. Just a trading name, but CDC use the term "Their Client" lol !

[andi-leigh2]

Re: Debt Purchaser - DCA - Double Assignment - Duplicate Litigation

From 2011 OFT website. Just a trading name, but CDC use the term "Their Client" lol !

Here's another from "CDC"

Note the "Our Client - Tradepro", "Our Ref", "Client Ref", "Your account has been passed to us by Tradepro..........blah blah blah"

Note the oppressive terms, and the fact that they use "Judgement" (which it appears that they are unable to use correctly - no "e" when used in legal context, although correct otherwise !) instead of Issuing Claim Form, and they also use the threat of the dreaded "B" word.

You shall also note that the CCL number at the foot of page is registered to Tradepro Card Services Limited, of which CDC was simply a trading title of. A very poor attempt to pretend to be an unassociated third party DCA ! lol ! Now where have I seen all these ploys and tactics before ?..............................oh yes - you've guessed, drop cards through doors allegedly from a courier company !

[charitynjw]

Re: Debt Purchaser - DCA - Double Assignment - Duplicate Litigation

Here's another from "CDC"

Note the "Our Client - Tradepro", "Our Ref", "Client Ref", "Your account has been passed to us by Tradepro..........blah blah blah"

Note the oppressive terms, and the fact that they use "Judgement" (which it appears that they are unable to use correctly - no "e" when used in legal context, although correct otherwise !) instead of Issuing Claim Form, and they also use the threat of the dreaded "B" word.


You shall also note that the CCL number at the foot of page is registered to Tradepro Card Services Limited, of which CDC was simply a trading title of. A very poor attempt to pretend to be an unassociated third party DCA ! lol ! Now where have I seen all these ploys and tactics before ?..............................oh yes - you've guessed, drop cards through doors allegedly from a courier company !

http://www.legislation.gov.uk/ukpga/...0060046_en.pdf

Chapter 6, section 82

CHAPTER 6: TRADING DISCLOSURES
Section 82:
Requirement to disclose company name etc 185. This section replaces sections 348(1), 349(1), and 351(1) and (2) of the 1985 Act and, insofar as it applies to companies, section 4(1) of the Business Names Act 1985. It provides power for the Secretary of State to make regulations requiring every company:
• to display a sign with its name and specified other information at specified locations;
• to include its name and specified other information in specified documents and communications;
• to provide its name and specified other information to those who request it in the course of business (this is a new provision insofar as it applies to companies doing business under their registered names).

[andi-leigh2]

Re: Debt Purchaser - DCA - Double Assignment - Duplicate Litigation

The T&C's is a separate sheet, and the "agreement" (a small section within an application form) is a barely legible in places copy. They do not have the original document. Ill dig out now the separate T&C's doc which I may add was sent to me years after and upon a specific request to TP.

Why did you ask me specifically about Term #1 ?

[andi-leigh2]

Re: Debt Purchaser - DCA - Double Assignment - Duplicate Litigation

And heres a T-TRO agreement which is the best quality they have, and supplied as part of s78 request. No other pages, just this, no T&C's either attached on same doc or separate. There are I believe various publication versions of alleged T&C's which have a print date upon them. You will note from this document the four areas :


1) Your Business Details

2) Card

3) Your Agreement


4) DD Details - nothing else ! Just this !


How would you interpret the "4 Corners" situation from this agreement box ?

Comments please !


(Heavilly Redacted for confidentiality)

[nemesis45]

Re: Debt Purchaser - DCA - Double Assignment - Duplicate Litigation

And heres a T-TRO agreement which is the best quality they have, and supplied as part of s78 request. No other pages, just this, no T&C's either attached on same doc or separate. There are I believe various publication versions of alleged T&C's which have a print date upon them. You will note from this document the four areas :


1) Your Business Details

2) Card

3) Your Agreement


4) DD Details - nothing else ! Just this !


How would you interpret the "4 Corners" situation from this agreement box ?

Comments please !


(Heavilly Redacted for confidentiality)

If that's all there is it very short on Ts & C's.

nem

[andi-leigh2]

Re: Debt Purchaser - DCA - Double Assignment - Duplicate Litigation

I was under the impression that the essential "Prescribed Terms" must in the same document and place as signature (old 4 corners ??)

- - - Updated - - -

There may well have been T/C's but I don't remember them at the time, only the one I posted up on Sunday which they sent to me upon request as part of request to them, whereas they are not mentioned as a party ! They certainly do not have the original document - fact !

[andi-leigh2]

Re: Debt Purchaser - DCA - Double Assignment - Duplicate Litigation

If that's all there is it very short on Ts & C's.

nem

Did you read the POC's and SOT's on the respective claim forms I posted up ?

[andi-leigh2]

Re: Debt Purchaser - DCA - Double Assignment - Duplicate Litigation

Phoned FCA yet again today. Why have I not had a reply by email regarding conversation / complaint I made on Monday ? Oh sorry, we got your email address wrong. Made it perfectly clear to muppet (who was quite genned up and bright) that I will not go away and let this be brushed under the carpet. This is an HFO scenario all over again which is brewing up here, one string puller, various investors, intertwined spiders web and labyrinth of companies and so on an so forth. We the consumers cannot afford to let this get out of hand and escalate into the mess which HFO problems did a few years ago.

[andi-leigh2]

Re: Debt Purchaser - DCA - Double Assignment - Duplicate Litigation

This is how the FCA outlines the permissions that they issue. Clearly from these statements HFH2 Ltd DO NOT have the authority to exercise rights as the lender / owner (by assignment) of any of the said debts. If I'm wrong, I'd really like someone to explain to me how they legally circumvent the regulations, if at all. Comments please.

The image of permissions is not from their listing but from that of a DCA.

[andi-leigh2]

Re: Debt Purchaser - DCA - Double Assignment - Duplicate Litigation

Spoke to the parasite company today, although the young ladies with whom I spoke were both very polite and helpful, so don't have a war with them. They are just trying to earn a living like us all, irrespective of the calibre of company they choose to work for. Anyway it appears that my account has been "taken out of the litigation pile indefinitely" so I am advised. I know the reasons why, which I cant state here but it is not because of any financial case issues, but other info I have made them privy to.