Creditor refusing default notice

ScaredWitless

BorisThomson wrote: »

Do you acknowledge the debt is yours, and have you made an agreement to repay it?

I have never accepted this as my debt because I have challenged it.

I've made no offer of payment either.

BorisThomson

ScaredWitless wrote: »

I have never accepted this as my debt because I have challenged it.

I've made no offer of payment either.

It would be helpful if you explained this further. Did you not take out the card and spend on it, did someone fraudulently get the card under your name?

What was the outcome of your challenge, did you complain to the FOS?

ScaredWitless

BorisThomson wrote: »

It would be helpful if you explained this further. Did you not take out the card and spend on it, did someone fraudulently get the card under your name?

What was the outcome of your challenge, did you complain to the FOS?

I have asked for evidence of the debt repeatedly and they have not provided any valid documentation.

I.E. no valid deed of assignment, a credit card agreement which was too small to be read and thus ineligible, no valid default notice, and an invalid notice of assignment.

I cannot accept any liability when there is no valid paperwork!!

I have made the creditor aware that I have ongoing mental health issues and cannot work.

As far as the FOS go, they are a waste of space, and rarely side with the complainant; I've been to them on 3 separate occassions and they sided against me every time.

BorisThomson

ScaredWitless wrote: »

I have asked for evidence of the debt repeatedly and they have not provided any valid documentation.

I.E. no valid deed of assignment, a credit card agreement which was too small to be read and thus ineligible, no valid default notice, and an invalid notice of assignment.

I cannot accept any liability when there is no valid paperwork!!

I have made the creditor aware that I have ongoing mental health issues and cannot work.

As far as the FOS go, they are a waste of space, and rarely side with the complainant; I've been to them on 3 separate occassions and they sided against me every time.

The FOS find for the complainant more often than they do the respondent. What were their reasons for not upholding your complaints?

You can accept liability if you incurred the debt. Did you spend the money or not? It's a simple question!

sparelogin

ScaredWitless wrote: »

As far as the FOS go, they are a waste of space, and rarely side with the complainant; I've been to them on 3 separate occassions and they sided against me every time.

That's because, based on your posting history, you're always wrong.

sourcrates

ScaredWitless wrote: »

When I telephoned MBNA yesterday, they clearly told me the debt was originally sold and transfered to Eversheds on the 12th September 2012.

Drydens are saying its the 3rd August 2012.

I'm waiting for the default to drop off after the 6 year period.

ScaredWitless wrote: »

I have asked for evidence of the debt repeatedly and they have not provided any valid documentation.

I.E. no valid deed of assignment, a credit card agreement which was too small to be read and thus ineligible, no valid default notice, and an invalid notice of assignment.

I cannot accept any liability when there is no valid paperwork!!

I have made the creditor aware that I have ongoing mental health issues and cannot work.

As far as the FOS go, they are a waste of space, and rarely side with the complainant; I've been to them on 3 separate occassions and they sided against me every time.

So your issue is that the default was registered one month later than you think it should of been ?

That in itself, wont pass muster, a creditor can default an account at any time, but usually after between 3 and 6 payments have been missed, also by pursuing this angle your admitting liability for the debt.

You say they have not provided any proof of the debt, the deed of assignment is a document put before a court, where your alleged account, will be one of many, you have no right to see this document, a properly executed default notice, yes, and a properly executed notice of assignment, again, yes, also a properly executed and legible credit agreement, yes again.

You should concentrate on the lack of evidence of liability, rather than the other two issues, but each backs up the other.

To all intents and purposes, you have reached stalemate, you should write and insist on them providing proof of liability, within 14 days, otherwise you will consider the matter closed.

See what effect that has on them.

ScaredWitless

sourcrates wrote: »

So your issue is that the default was registered one month later than you think it should of been ?

That in itself, wont pass muster, a creditor can default an account at any time, but usually after between 3 and 6 payments have been missed, also by pursuing this angle your admitting liability for the debt.

You say they have not provided any proof of the debt, the deed of assignment is a document put before a court, where your alleged account, will be one of many, you have no right to see this document, a properly executed default notice, yes, and a properly executed notice of assignment, again, yes, also a properly executed and legible credit agreement, yes again.

You should concentrate on the lack of evidence of liability, rather than the other two issues, but each backs up the other.

To all intents and purposes, you have reached stalemate, you should write and insist on them providing proof of liability, within 14 days, otherwise you will consider the matter closed.

See what effect that has on them.

I have NEVER received a default notice either from original source MBNA or Max Recovery etc etc.

Under data protection act Principle 6 I am entitled to see what they hold on me.

The credit agreement provided was too small to be read, thus ineligible, and thus breaches the Credict Consumer Act 1974.

The Notice of Assignment has no identifying name account number or address; this is a breach under Section 195 of the Law and Property Act 1925 that a Notice of assignment must be sent the the debtor with details on it, check this Act up.

Under the same Law and Property Act 1925 Section 135 I am perfectly entitled to see the deed of assignment.

So without the vital documents I dont see how I am liable for a debt without any proof?

ScaredWitless

To clarify:-

Section 136 Legal assignments of things in action. Law and Property Act 1925

(1)Any absolute assignment by writing under the hand of the assignor (not purporting to be by way of charge only) of any debt or other legal thing in action, of which express notice in writing has been given to the debtor, trustee or other person from whom the assignor would have been entitled to claim such debt or thing in action, is effectual in law (subject to equities having priority over the right of the assignee) to pass and transfer from the date of such notice—
(a)the legal right to such debt or thing in action;
(b)all legal and other remedies for the same; and
(c)the power to give a good discharge for the same without the concurrence of the assignor:
Provided that, if the debtor, trustee or other person liable in respect of such debt or thing in action has notice—
(a)that the assignment is disputed by the assignor or any person claiming under him; or
(b)of any other opposing or conflicting claims to such debt or thing in action;he may, if he thinks fit, either call upon the persons making claim thereto to interplead concerning the same, or pay the debt or other thing in action into court under the provisions of the M15Trustee Act, 1925.

No deed of assignment has been produced under this Act.

No default notice has ever been served on me via registered post see below;-

196 Regulations respecting notices.

(1)Any notice required or authorised to be served or given by this Act shall be in writing.
(2)Any notice required or authorised by this Act to be served on a lessee or mortgagor shall be sufficient, although only addressed to the lessee or mortgagor by that designation, without his name, or generally to the persons interested, without any name, and notwithstanding that any person to be affected by the notice is absent, under disability, unborn, or unascertained.
(3)Any notice required or authorised by this Act to be served shall be sufficiently served if it is left at the last-known place of abode or business in the United Kingdom of the lessee, lessor, mortgagee, mortgagor, or other person to be served, or, in case of a notice required or authorised to be served on a lessee or mortgagor, is affixed or left for him on the land or any house or building comprised in the lease or mortgage, or, in case of a mining lease, is left for the lessee at the office or counting-house of the mine.
(4)Any notice required or authorised by this Act to be served shall also be sufficiently served, if it is sent by post in a registered letter addressed to the lessee, lessor, mortgagee, mortgagor, or other person to be served, by name, at the aforesaid place of abode or business, office, or counting-house, and if that letter is not returned [F206by the postal operator (within the meaning of [F207Part 3 of the Postal Services Act 2011]) concerned] undelivered; and that service shall be deemed to be made at the time at which the registered letter would in the ordinary course be delivered.
(5)The provisions of this section shall extend to notices required to be served by any instrument affecting property executed or coming into operation after the commencement of this Act unless a contrary intention appears.
(6)This section does not apply to notices served in proceedings in the court.

The Notice of assignment I was sent via email on 4th July 2017 had no name address date of birth and no identifying account number.

BorisThomson

You're making this incredibly complex. It is very simple.

You are liable for the debt if you incurred it.

You are not liable if you did not incur it.

ScaredWitless

BorisThomson wrote: »

You're making this incredibly complex. It is very simple.

You are liable for the debt if you incurred it.

You are not liable if you did not incur it.

Like I said if the creditor does not follow correct procedures to prove the debt I am not liable!!