A general query relating to litigation by a company who claims to have been assigned a debt. I am aware that I am entitled to view a copy (redacted if necessary) of the deed of assignment - Van Lynn vs Pelias, however am I correct in assuming that the Claimant must produce a copy in court in order to substantiate their claim? and not just provide a copy of an alleged Notice of Assignment. If so, is there any case law or legislation I can refer to which states that they must produce the deed of assignment in court? Thank you for your assistance. GD.

No it wasn't Creation... Yes we received 1 x Default Notice, served under Section 87(1) of the CCA 1974 complete with the OFT information sheet. and 2 x Cancellation Notices, which state: We still haven't received the outstanding amounts due from you as set out in our previous correspondence. In view of your default, in accordance with your Consumer Credit/Installment Agreement the process for cancellation of your policy has now started and cannot be stopped. Your policy will therefore be cancelled 7 days from the date of this letter... etc. Hope this additional information helps. Regards GD

Hello Bazooka Boo. Yes the claim was for both accounts added together.

That was my understanding as well. So the next question is, if they terminate the agreements following the issue of one Default Notice they have breached the CCA. i.e. 1 Default Notice Issued 3 Accounts terminated (each with there own credit agreement) Therefore 2 accounts terminated with no Default Notice = Breach of CCA and leaves them open to a claim for refund of all payments plus interest? Does anyone else agree with this assessment? Regards GD

I have a question I require help with. First let me apologise if this is posted in the wrong place, but as it relates to Default Notices as well, I thought it might be a good place to start. If a person has several insurance products with a company all paid for on the same direct debit and the direct debit fails, can the company issue one Default Notice for all the accounts, or should they issue a Default Notice for each account? - Bearing in mind that each account has its own credit agreement? Many thanks. Regards GD

Good afternoon DX, The CCJ is genuine in that we were aware of it but were unprepared/not fully informed and basically got steam rollered in court. (This was before we joined CAG) The claim related to a Bank Loan and Overdraft facility. I managed to get the bank charges off the total value pending the test case. But as we admitted it in part, rather than defend from the outset and weren't at the time sure of what we were doing we got beaten. Unfortunate but we grow wiser....

Thank you for the replies. We have been making the payments to the claimants solicitors who have then allocated the payments to the claimant. I will write to the claimants solicitors (copy to the claimant and third party) and inform them that we will continue to make the payments as before and not to a third party unless the court orders otherwise. Thank you for the comments.

Thank you for your reply unclebulgaria67.

Good afternoon all Prior to finding/joining CAG a number of years ago, the court ruled in favour of the claimant and we were given a CCJ. Since the CCJ we have been paying the claimants solicitor on a monthly basis towards two claims both involving the same account. Recently we have been contacted by a third party asking for payment towards the CCJ. Having contacted the claimants solicitors it would appear that the claimant has taken back control of one claim but left control of the other claim with the claimants solicitors. Having contacted the claimant they say we should deal with the third party. Since there is already a CCJ in place, I am inclined to ignore the third party and continue to pay the claimants solicitors, or pay the claimant directly. Where do we stand? Is the claimant allowed to pass the debt around after a CCJ and if we pay somebody else who is not involved in the CCJ are we breaching any terms of the CCJ? Many thanks for any comments/feedback. Regards GD.

When dealing with arrears on energy services do the following still apply: 1. No calls letter. 2. No visits letter. 3. Office of Fair Trading Guidance on Debt Collection. In short, my energy provider does not appear to be complying with the decision made by the Energy Services Ombudsman (in my opinion) and before I take this matter back to the Ombudsman for review I wanted to contact my energy provider to give them the opportunity to remedy the situation and the answers to the above will assist in my response. Thank you for your assistance. Regards GD

Thank you for the further comments and assistance. I will keep you updated on our progress. Many thanks

Hello DX, This has been ongoing for sometime but until now they haven't pursued it. I agree it is more important than some of the other bills, so I suspect it is best to make an arrangement with them of some sort. Where do we stand with regards there default letter and the questions I asked in the original post. Merry Christmas GD

Thank you for your reply dx. Each year for the last few years we have missed a few payments here and there so at the start of the latest billing period (April 2011) there were arrears of just over £600 and also this years billing amount on top, so the total bill was just short of £1200. The payments we have made so far will cover the useage and some of the arrears by the end of the billing cycle, just need to determine what we can do to start covering more of the arrears. Regards

Good evening CAGgers, I received the letter detailed below on the 19th Dec and would like some comments on my questions at the end of this post. FINAL DEMAND: NOTICE OF DEFAULT PLEASE ACT NOW TO PROTECT YOUR CREDIT RATING AND PREVENT A DEFAULT BEING FILED WITH CREDIT REFERENCE AGENCIES FAILURE TO ACT MAY IMPACT YOUR ABILITY TO BORROW MONEY OR SET UP CREDIT AGREEMENTS FOR SERVICES SUCH AS SATELLITE TELEVISION AND MOBILE PHONES. We note that you have failed to pay the sums owed to us in relation to your water and / or wastewater charges. You owe the sum of £... This sum became due and payable on ... but has not yet been paid, despite a reminder being sent to you on ... Because you have not paid the sums due to us, you are in breach of our payment terms. We urge you to pay the amount due or contact us for help by .., otherwise we will be entitled to file default information about you at credit reference agencies for the sums due. Once a default has been filed, it will remain on your credit file for 6 years and may impact your ability to obtain products and services from other credit organisations such as satellite and mobile phones. To make a payment, please contact us immediately on 0800 975 5575. We can also help to make the repayments more affordable by allowing you to pay the amount owed in small installments. Once agreed these installments must be paid on the dates as agreed or an instant default will be applied. You can seek independant debt advice from the Citizens Advice Bureau, National Debt Line or Consumer Credit Counselling Service. This is a legal notice and sets out important information in relation to your rights and legal obligations. For more information about how to respond to this notice, please refer to the guidance notes on the reverse of this notice. --------- Questions. 1. Can Anglian Water put a default notice on my credit file? 2. Does the default notice have to comply with the regulations in the same manner as a normal Default Notice would? 3. Whilst the CCA is not relevant for this type of service, should a credit agreement of some sort be in place for them to file a default at the credit reference agencies? 4. Should they also have a consumer credit licence? Other notes. There are arrears on the account but we are now catching up and Anglian Water haven't gone this far before so not really sure why they are doing now. I am aware they have a trust fund available, so may be looking into this as well. Many thanks for your help and comments. GD

Congratulations RWRM Good result well deserved. Regards

Nelson Guest & Partners have. They said -- Unless payment is made to * within seven days of the date of this letter, legal proceedings for the recovery thereof may be commenced without further notice. -- Regards

Brief update, After Triton comes..... Wescot and Nelson Guest & Partners Solicitors. Have drafted the letter below to give them another chance to provide the documents. --- Thank you for your letter dated *. I do NOT acknowledge any alleged debt to Wescot Credit Services Ltd and to date have received no correspondence from Wescot Credit Services in this matter. I therefore respectfully request that you provide me by return, a copy of the executed credit agreement which bears my signature and the associated terms and conditions. I must stress this request is NOT made pursuant to S.78 of the Consumer Credit Act 1974, but is made pursuant to the Civil Procedure Rules, part 31.16 and therefore an unsigned or reconstituted copy will not suffice. Only a copy of the original contract in its unaltered form will suffice in these circumstances. Please confirm that you will provide this document as it will allow me to assess if my case has merit and will help to resolve matters, possibly without the need to involve the court and will undoubtedly save costs on both sides. I look forward to your reply and would ask for a response by 4pm on *. Your due diligence is expected in this matter. Yours faithfully, --- Will post tomorrow and let you know what response I get. In the meantime any comments greatly appreciated. Regards

Brief update, Since last year we have had AIC and Wescot sending us letters, but we have now received one from Nelson Guest & Partners Solicitors on behalf of Wescot. Below is my response to them. --- Thank you for your letter dated *. I do NOT acknowledge any alleged debt to Wescot Credit Services Ltd and since this alleged account has been on hold with * since the * I am somewhat bemused as to why this matter has been passed to you. Since * have failed to provide a copy of the executed credit agreement and associated information pursuant to Section 78 of the Consumer Credit Act 1974 and the Office of Fair Trading has confirmed that failing to supply an agreement under S77/78 CCA 1974 constitutes a valid dispute, all debt collection activity must cease until the request has been complied with. I therefore respectfully request that you provide me by return, a copy of the executed credit agreement which bears my signature and the associated terms and conditions. I must stress this request is NOT made pursuant to S.78 of the Consumer Credit Act 1974, but is made pursuant to the Civil Procedure Rules, part 31.16 and therefore an unsigned or reconstituted copy will not suffice. Only a copy of the original contract in its unaltered form will suffice in these circumstances. Please confirm that you will provide this document as it will allow me to assess if my case has merit and will help to resolve matters, possibly without the need to involve the court and will undoubtedly save costs on both sides. I look forward to your reply and would ask for a response by 4pm on *. Your due diligence is expected in this matter. Yours faithfully, --- Does this sound ok?, short but to the point I think. Will post tomorrow so any comments in the meantime greatly appreciated. Regards

Hi hunni Are you fully prepared for next month? or do you need any further assistance? Any questions just ask and someone should respond. Regards

Lewis as I understand it are part of Cattles. MKDP LLP is a new company, so may have been created to replace them as Cattles is struggling. I think Welcome will start farming accounts out to them as they are part of Cattles as well. (Just a strange feeling I have).....

Name & Registered Office: MKDP LLP TRADE PRO HOUSE SEEBECK PLACE KNOWLHILL MILTON KEYNES BUCKINGHAMSHIRE MK5 8FR Company No. OC349372 Status: Active Date of Incorporation: 16/10/2009 Country of Origin: United Kingdom Company Type: Limited Liability Partnership Nature of Business (SIC(03)): None Supplied Accounting Reference Date: 30/06 Last Accounts Made Up To: (NO ACCOUNTS FILED) Next Accounts Due: 30/03/2011 Last Return Made Up To: Next Return Due: 13/11/2010 Previous Names: No previous name information has been recorded over the last 20 years. UK Establishment Details There are no UK Establishments associated with this company. Oversea Company Info There are no Oversea Details associated with this company.

Well done littlebert, hope you get it all confirmed in writing soon and don't forget the costs (as already mentioned...) Regards

Appears to be the normal response now, but like you said no prescribed terms. So where are they then? Also doesn't avoid the fact they still need to provide the original.

Good result humbleman. Have a think about MightyAcorns comments in post #41 if you would like to take it further. Regards

Hi Angy If you did not take out this product, then you should seriously consider trying to counterclaim it. I would suggest a quick look through the ppi threads and see if you can determine any information to help you from there. Regards