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HELP PLEASE Link and Kearns send county court claim

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Re: HELP PLEASE Link and Kearns send county court claim

Postby Scubasarah69 » Fri Jul 29, 2016 11:11 am

I had been so busy with work!
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Re: HELP PLEASE Link and Kearns send county court claim

Postby Faljay » Fri Jul 29, 2016 12:42 pm

Hi,

Yes you can put in an Unless Order up to 7 days before the final hearing, if they have not supplied all the documents you requested [they almost never provide the Deed of Assignment, but if they failed to send you the Default Notice, Termination Notice or Notice of Assignment, then the Unless Order is still valid], but sooner rather than later would be better.

Can you post up the copy agreement, covering your personal details and amounts, but leaving any date and/or signatures, please?

Take Care.

:D
If you value your liberty, fight for it. If you value your freedom, stand fast against oppression. If you value life, then live it to the fullest and do all you can to make others see the truth and help them all you can.
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Re: HELP PLEASE Link and Kearns send county court claim

Postby Scubasarah69 » Fri Jul 29, 2016 4:52 pm

Hi

I have attached the agreement as you asked. It says page 1 of 2, page 2 is an advertising page. Also in what they have sent is what looks like an email from MBAN to Link dated 8th August 2012 which is a forward flow agreement for the sale and purchase of credit card receivables, A copy of a letter from Link giving notice of the assigned debt and this was dated the 4th September 2012, a copy dated the 25th February 2013 to IDR from Link which is an assignment of receivables, a copy of a letter that I have never seen apparently posted to me by IDR that they had had the debt assigned to them. Also a copy of a statement.

Thanks for all your help.

Sarah
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Re: HELP PLEASE Link and Kearns send county court claim

Postby Faljay » Sat Jul 30, 2016 7:41 am

Hi,

Is that all they sent you? it says the terms and conditions are in a pack with the agreement, but did they send you the terms and conditions?

If they have not provided the terms and conditions [and as this a pre-April 8 2007 agreement it must the T&C's at the time of signing only], then the agreement is not enforceable as it must be the agreement in its entirety, and without the T&C's how can you enforce any term or condition, and more specifically one that has to state that the Principal/Original Creditor can assign part or all of its rights to a third party, in order for any assignment to be lawful.

Can you post up the email concerning assignment of receivables and/or the notice of assignement, please?

Take Care.

:D
If you value your liberty, fight for it. If you value your freedom, stand fast against oppression. If you value life, then live it to the fullest and do all you can to make others see the truth and help them all you can.
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Re: HELP PLEASE Link and Kearns send county court claim

Postby Scubasarah69 » Sat Jul 30, 2016 3:25 pm

Hi

I have attached copies of the rest of the paperwork, there is included the top part of MBNA Standalone T&C's I have attached the front copy. As they haven't responded in the timescale they were requested to can this be used as getting the case struck out as well.

Kind regards.

Sarah
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Re: HELP PLEASE Link and Kearns send county court claim

Postby Tiggy » Sat Jul 30, 2016 7:21 pm

No, it can't I'm afraid, as long as they provide the information before any final hearing then it's accepted.
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Re: HELP PLEASE Link and Kearns send county court claim

Postby Faljay » Sun Jul 31, 2016 10:52 am

Hi.

Firstly, there is still NO term or Condition in their T&C's declaring the OC may assign part or all of its rights to a third party. Secondly, it clearly states the T&C's are stand alone, when all agreements made prior to April 8 2007, must have the T&C's included in one document - not necessarily one piece of paper - therefore the T&C's were sent separately, making the agreement unenforceable, unless declared enforceable so by a judge.

Lastly, that is NOT a Deed of Assignment, but a Sales Agreement, and nowhere is your name, account number or specific amount of alleged debt mentioned, therefore it cannot legally be associated to you in any way shape or form, so it's meaningless. And given the above, any assignment, which this is clearly not, would be unlawful, null and void.

Take Care.

:D
If you value your liberty, fight for it. If you value your freedom, stand fast against oppression. If you value life, then live it to the fullest and do all you can to make others see the truth and help them all you can.
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Re: HELP PLEASE Link and Kearns send county court claim

Postby Scubasarah69 » Sun Jul 31, 2016 12:14 pm

Thank you, so i take it if I use the information you have put down and send that to the court tomorrow I might stand a chance?

Kind regards

Sarah
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Re: HELP PLEASE Link and Kearns send county court claim

Postby Scubasarah69 » Sun Jul 31, 2016 12:25 pm

Also see attached screen shot of IDR II regulatory status surely if this is cancelled they can't claim a debt!
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Re: HELP PLEASE Link and Kearns send county court claim

Postby Faljay » Mon Aug 01, 2016 11:32 am

Hi,

Yes you can use the information, and it appears IDR in all forms have either lapsed or been cancelled, so they have no right to even contact you let alone take out a claim against you, add that to your defence, or invite them to discontinue as they have no FCA license.

Take Care.

:D
If you value your liberty, fight for it. If you value your freedom, stand fast against oppression. If you value life, then live it to the fullest and do all you can to make others see the truth and help them all you can.
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