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The alleged debt has NOT been properly assigned in accordance with S136 of the Law of Property Act 1925. They should have served to Notice of Assignment on you in person or by regisitered post or recorded delivery. It is important that you do not admit receiving this NOA which was obviously printed on the Reigate Threatomatic.

 

Worst Credit have passed it around internally for some dubious reason in a bid to con either you, the OFT or the taxman. The simple fact is that they are in serious breach of your CCA request and as such must be reported.

 

Hi ODC. so a letter to the OFT is in order then?

 

You say they should have served the NOA in person, by registered post or recorded delivery, but I have just got a NOA in normal post from Link about another matter. What do you think?

jed

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Its my opinion and that of others that they must have PROOF that you have properly received the notice. Simply sticking it in an envelope an posting it would NOT be proof. They MUST prove you got it. Its legally impossible for you to prove you didnt get it.

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Hi kali :)

 

If you're sure you haven't paid anything or acknowleged the account in writing for over 6 years the account will be statute barred.

 

Here's a letter for you to send the reigate numpties:

 

 

1 High Street,

Newtown,

Kent

R21 4RH

 

June 28, 2006

 

 

The Loan Company

Company House,

Church Street,

Newtown,

Kent,

R1 7HG

 

 

Dear Sir/Madam

 

Acc/Ref No 4563210025897412

 

You have contacted us regarding the account with the above reference number, which you claim is owed by ourselves.

 

We would point out that under the Limitation Act 1980 Section 5 “an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.”

 

We would also point out that the OFT say under their Debt Collection Guidance on statute barred debt that “it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period”.

 

The last payment of this alleged debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from us in the relevant period under Section 5 of the Limitation Act, we suggest that you are no longer able to take any court action against us to recover the alleged amount claimed.

 

The OFT Debt Collection Guidance states further that “continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970”.

 

We await your written confirmation that this matter is now closed and that no further contact will be made concerning the above account after that last letter.

 

We look forward to your reply.

 

Yours faithfully

 

Amend to suit, send recorded keeping a copy with yur postal receipt, do not sign print your name.

 

Would be a good idea to start your own thread so as not to get replies mixed up on this one :)

 

Thank for your reply. I did a search to see if there was anything on this company, and there were quite a few threads so I didn't want to start another one.

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What is a Notice of Assignment? I have had a letter today that begins:

"We give you notice that Lloyds TSB Bank has assigned to 1st Credit...all of the Bank's rights in to and under the above detailed account....As a result of this assignment...."

 

Does this mean that this is a NOA and as such should have been sent to me by recorded delivery?

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What is a Notice of Assignment? I have had a letter today that begins:

"We give you notice that Lloyds TSB Bank has assigned to 1st Credit...all of the Bank's rights in to and under the above detailed account....As a result of this assignment...."

 

Does this mean that this is a NOA and as such should have been sent to me by recorded delivery?

 

 

HELLO.

 

PLEASE I URGE YOU START YOUR OWN TREAD HEADED 1ST CREDIT,

 

REGARDS LILLY

 

 

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  • 1 year later...

Hello everybody again, long time no post. I havent heard from these clowns for ages. I was surprised to get a letter this morning (that I had to sign for) from LCS solicitors. They're taking my wife to court if she doesnt reply within 14 days. They have sent the app. form/agreement, a load of t & c's and statements. The application form/agreement is illegible and doesnt have credit limit, interest rate etc.

But this, used in conujunction with the t&c's they have sent could make it enforceable. I say this because the t&c's are headed 'Credit agreement between ********* and BOS.

Anyway, unfortunately for them, the statements they have provided have given me proof that this alleged debt is statute barred. So I will be writing to thank them for the proof they have sent.

I just wanted to know if LCS are as inept at dealing with this sort of thing as 1st crud.

Thaks for any comments.

jed

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Hello everybody again, long time no post. I havent heard from these clowns for ages. I was surprised to get a letter this morning (that I had to sign for) from LCS solicitors. They're taking my wife to court if she doesnt reply within 14 days. They have sent the app. form/agreement, a load of t & c's and statements. The application form/agreement is illegible and doesnt have credit limit, interest rate etc.

But this, used in conujunction with the t&c's they have sent could make it enforceable. I say this because the t&c's are headed 'Credit agreement between ********* and BOS.

Anyway, unfortunately for them, the statements they have provided have given me proof that this alleged debt is statute barred. So I will be writing to thank them for the proof they have sent.

I just wanted to know if LCS are as inept at dealing with this sort of thing as 1st crud.

Thaks for any comments.

jed

 

Yes, allegedly. LCS are 1st crud's pet solicitors.

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