Restriction The restriction which can be entered on the register where a charging order is made against one of joint proprietors is in the following form :- No disposition of the registered estate is to be registered without a certificate signed by the applicant for registration or his conveyancer that written notice of the disposition was given to [name of person with the benefit of the charging order] at [address for service], being the person with the benefit of [an interim] [a final] charging order on the beneficial interest of (name of judgment debtor) made by the (name of court) on (date) (Court reference.…). You are therefore correct in saying that when the Land Registry receives an application to register, for example a transfer, we will not ask to see the consent of the person who has the benefit of the charging order. We will only want a certificate from the applicant for registration or his conveyancer that the person who has the benefit of the charging order has been given written notice of the transfer. If both joint owners sell the land to a third party the restriction will be cancelled when the transfer to the purchasers is registered.

May i now ask when was the loan taken out Then, sl27(3) provides, in relation to agreements made before 6 April 2007, as follows: "The Court shall not make an enforcement order under s 65(1) if section 61(1) (a) (signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under s60(l)) itself containing all the prescribed terms of the agreement was signed by the debtor ..(whether or not in the prescribed manner)."

Assigning a Debt or Benefit of Contract? It is important to first provide the debtor with a notice of the assignment! Other points and issues that should be borne in mind: · In principle, the benefit of a contract can be legally assigned without consent, provided there is no express prohibition on assignment or, for example, a requirement that consent is obtained. · Where there is no restriction on assignment, the usual way of assigning the benefit of contractual rights is by statutory assignment.(they owned the debt) The assignment must be in writing, signed by the assignor, absolute (not purporting to be by way of charge only) and notice in writing must be given to the other contracting party (section 136, Law of Property Act 1925). · If a contract is not effectively assigned under statute, it may still be assigned under common law by an equitable assignment.(acting on behalf) an equitable assignment may exist where the requirements for a statutory assignment are not satisfied. The main practical consequence of an equitable assignment is that the assignee cannot bring an action in its own name against the third party, (acting on behalf) but must fall back on the rules governing equitable assignments and join the assignor as a party to the action. It is, in any event, desirable for notice of an assignment to be given to the third party because the third party will otherwise be entitled to continue to make payments

Good evening. We do not do bankruptcy on this tread we believe that we can deal with debt in a timely manner. To you of course however if you need help get out of the van and start a list one at a time. Post one at a time and we will help

Hope this helps

if it was me i would go for a set a side

ok i have seen the cca where is your signature

May i asked 1/ the debt is in joint names is the property in joint names 2/ also where is the cca please post it as a single post

ex gratia payment Definition Sum of money paid when there was no obligation or liabity to pay it Or in laymans terms an offer of goodwill . o and if they do not like it tell them to bring it on, lilly

so they want to play edit to suit Draft / Defence 1 The Defendant denies ever having been indebted to MBNA Europe Bank Limited (MBNA) and denies any contract for credit has ever been advanced to him/her by MBNA. 2 Without prejudice to the above contentions, the Defendant asserts that in particular, given that the original of the liability is said to be a over due balance by " mbna (which is a person / entity / company not known to the Defendant), it will be the case, taking into account the amount of the liability, that the transaction and the underlying agreement (if any) between mbna credit card and the Claimant would be regulated by the terms of the Consumer Credit Act 1974. 3It is the express contention of the Defendant - again without prejudice to the contention that there is in fact no contract- that any such contract as exists does not comply with the Act. It is impossible to plead further in the absence of a pleading by the Claimant as to what the agreement was and what its terms were and the Defendant reserves the right further to plead Particulars of failure to comply in the event that the Claimant amends it Particulars of Claim to allege the agreement 4The Claimant's claim to be entitled to £xxxxxx for debt, to statutory interest or to any monetary or other relief of any kind is denied. I BELIEVE THE FACTS SET OUT IN THIS DEFENCE ARE TRUE Signed: Dated:

ok a little note. Restriction The restriction which can be entered on the register where a charging order is made against one of joint proprietors is in the following form :- No disposition of the registered estate is to be registered without a certificate signed by the applicant for registration or his conveyancer that written notice of the disposition was given to [name of person with the benefit of the charging order] at [address for service], being the person with the benefit of [an interim] [a final] charging order on the beneficial interest of (name of judgment debtor) made by the (name of court) on (date) (Court reference.…). You are therefore correct in saying that when the Land Registry receives an application to register, for example a transfer, we will not ask to see the consent of the person who has the benefit of the charging order. We will only want a certificate from the applicant for registration or his conveyancer that the person who has the benefit of the charging order has been given written notice of the transfer. If both joint owners sell the land to a third party the restriction will be cancelled when the transfer to the purchasers is

do we have the orginal claim what did it say

This is why you need to go for the ,set a side, let me be clear without the docs they would not have got very far if you had defened.

set a side these people know only one thing get as much out of you as possible well not any more. they had their chance you where paying what you could imho let the war start............. o and happy mums day to you yes i have been following waiting for you to make up your mind kind regards Lilly white

we will see them in court have they sent you a witness statement.

just looking no cca well well . Set a side here we go Ok NS YOU HAVE BEEN GIVEN EXCELLENT ADVICE TO DATE. As we have already said before we would have battle this to the end regards lilly

It is denied that the matters pleaded in the Particulars of Claim actually disclose any cause of action. In particular:- a) It is denied that that the Defendant can have liability to "pay" the Claimant sums of money simply on account of "requests for payment" in relation to a xxxxxxxxxxxx- the only matters pleaded. No cause of action known to English Law exists on the basis of such "requests for payment". it is this .i could take out a claim against you. however i would need to prove it

Insolvency Act 1986 UK

General Procedure Statutory demand I A 1986, Bankruptcy Petitions ; Bankruptcy Orders Hope this helps lilly

Assigning a Debt or Benefit of Contract? It is important to first provide the debtor with a notice of the assignment! Other points and issues that should be borne in mind: · In principle, the benefit of a contract can be legally assigned without consent, provided there is no express prohibition on assignment or, for example, a requirement that consent is obtained. · Where there is no restriction on assignment, the usual way of assigning the benefit of contractual rights is by statutory assignment.(they owned the debt) The assignment must be in writing, signed by the assignor, absolute (not purporting to be by way of charge only) and notice in writing must be given to the other contracting party (section 136, Law of Property Act 1925). · If a contract is not effectively assigned under statute, it may still be assigned under common law by an equitable assignment.(acting on behalf) an equitable assignment may exist where the requirements for a statutory assignment are not satisfied. The main practical consequence of an equitable assignment is that the assignee cannot bring an action in its own name against the third party, (acting on behalf) but must fall back on the rules governing equitable assignments and join the assignor as a party to the action. It is, in any event, desirable for notice of an assignment to be given to the third party because the third party will otherwise be entitled to continue to make payments to the assignor. Notice will give the assignee priority over any other assignee that has failed to give notice, provided there is no knowledge of such prior assignment.

http://www.opsi.gov.uk/RevisedStatutes/Acts/ukpga/1925/cukpga_19250020_en_1

how is it going Have a read In order to prove its claim the Claimant must establish a number of matters. Firstly that there was an agreement between myself and xxxxxxxxx Bank, secondly that such an agreement complied with the requirements of The Act (and all consequential regulations made thereunder) both at the date of inception and at all times thereafter Thirdly it must establish that xxxxxxxxxxx complied with all of the provisions of the Consumer Credit Act 1974 (“the Act”) in that it must show that it served a proper default notice upon myself prior to terminating the agreement and prior to commencing proceedings . Fourthly, if the Claimant was not xxxxxxxxx Bank then it must establish that there was an “absolute assignment by writing under the hand of the assignor” (S136 (1) Law of Property Act 1925) Fifthly that proper notice of any such assignment was given to the Defendant (S196 Law of Property Act 1925 . Finally it must establish that the sums claimed are lawfully owing both at the date of the alleged assignment and at all other times. The Assignment of the Debt 1. If the Claimant was not xxxxxxxxxx Bank then it is not admitted that there was a lawful assignment. The Claimant is put to strict proof that the assignment was lawful and is put to strict proof that sufficient notice thereof was served upon myself. Without this proof the Claimant has no standing before the court. 2. The Law of Property Act 1925 is the relevant act that deals with the assignment of debts. Section 136(1) requires that for the assignment of a debt to be effective, express notice in writing must have been given to the debtor:- 136. Legal assignments of things in action. — (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— 3. However, it is Section 196(4) that prescribes the requirements for giving sufficient notice by post:- 196. Regulations respecting notices. (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 [by the postal operator (within the meaning of the Postal Services Act 2000) 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. It is noted that by the Recorded Delivery Service Act 1962 a recorded delivery letter is equivalent to a registered letter and that under the Postal Services Act 2000 Schedule 8 any reference to registered post is to be construed as meaning a registered postal service (eg Royal Mail recorded delivery or special delivery). 6 For the assignment of a debt to be effective and so giving the Claimant a right of action a valid Notice of Assignment must have been sufficiently served on me using a registered postal service pursuant to s196(4) before proceedings were commenced. The Claimant is put to strict proof that any notice of assignment was sufficiently served on me before proceedings were commenced. Without this proof, the Claimant has no right of action. 7 Further, it is submitted that the mere fact of giving a notice does not, of itself, create an assignment and that there must be an actual assignment in existence. It is the actual Assignment, not just the Section 136 notice, under which the Claimant derives title to bring the claim and the Claimant is put to strict proof that such Assignment exists. It is further averred that I am entitled, in any event, to view the document of assignment as a matter of law (Van Lynn Developments v Pelias Construction Co Ltd 1968 [3] All ER 824) 8 It is further averred that to be valid the the alleged notice of assignment must accurately describe the assignment including the date (W F Harrison & Co Ltd v Burke & another [1956] 2 ALL ER 169).

i am unsure on this point however that has not stop me before.......... In general terms the point is this the agreedment should have been laid before you to sign as laid out in the regs as per the act. the terms should not be hidden but as per the act. If they are hiden , must cases they are , the creditor is in trouble. I DO NOT BELIVE THAT THE MONEY INDUSTRY HAS EVER GOT OVER THAT. KIND REGARDS TO YOU ALL lilly

WHAT CAN I SAY BUT WELL DONE Also thank you for your report. viva cag the very best regards lilly white

well my neck hurts i see a term one term 5,4 late charge .3% late charge o dear o dear As it stands will fail in court WELL I DID SAY TO HAVE A GOOD WEEKEND REGARDS LILLY