Unlawful rescission or not?

[landy_alert]

ahhhhh

 

piston broke!

 

(so am I )

 

:lol::lol::lol::lol:

 

You've got to laugh haven't you!!!

[diddydicky]

Thanks dd - most informative and helpful once again! Shame you can't fix the car too!

 

I will get a SAR off to the new owner and report back when it is received

 

Landy x

i could as it happens- but the old back moans these days after 10 minutes leaning under the bonnet!!

[diddydicky]

if you SAR the new owner, you may not get all yu need. Maybe that what teh activation date means - the date it is active in their system. what you want is MBNAs records of when THEY sold it, not when someone else thinks they bought it

 

sorry i thought she already quoted from the mbna logs- must learn to look harder

[pompeyfaith]

i could as it happens- but the old back moans these days after 10 minutes leaning under the bonnet!!

 

Sorry to highjack Landy

 

Know the feeling just been laid up for two days with a painful lower back after stripping out the dashboard of my galaxy to replace the heater matrix.

 

12 hr job of bending and getting into all sorts of positions lol

 

Am better now though thanks to my good wife.

 

PF

[landy_alert]

Sorry to highjack Landy

 

Know the feeling just been laid up for two days with a painful lower back after stripping out the dashboard of my galaxy to replace the heater matrix.

 

12 hr job of bending and getting into all sorts of positions lol

 

Am better now though thanks to my good wife.

 

PF

 

Lol...........I won't ask what positions your good wife gets you into PF

[diddydicky]

Sorry to highjack Landy

 

Know the feeling just been laid up for two days with a painful lower back after stripping out the dashboard of my galaxy to replace the heater matrix.

 

12 hr job of bending and getting into all sorts of positions lol

 

Am better now though thanks to my good wife.

 

PF

 

funny that- just had to replace part of the internal heater case assy on my ford econoline and ended up having to dismantle the entire dash

 

changing the rear plugs was a laugh a minutes as well (not) !!

[landy_alert]

sorry i thought she already quoted from the mbna logs- must learn to look harder

 

You were partially right dd - I did refer to the list of transactions and charges MBNA sent.............which they passed off as a SAR last year. At the time they said they needed a passport or driving licence before they could send a full SAR which at that time I wasn't happy to send for fear of signatures being lifted. Now I know how to deal with this thanks to Cag

 

The quotes I made earlier were in those lists..............

[landy_alert]

funny that- just had to replace part of the internal heater case assy on my ford econoline and ended up having to dismantle the entire dash

 

changing the rear plugs was a laugh a minutes as well (not) !!

 

Goodnight guys

 

I'm afraid I'm off to bed now - all this car talk is way over this girlie's head.............tell you one thing though we could do with that long overdue PPI refund from Norton right now to pay for the new engine

 

Landy x

[diddydicky]

You were partially right dd - I did refer to the list of transactions and charges MBNA sent.............which they passed off as a SAR last year. At the time they said they needed a passport or driving licence before they could send a full SAR which at that time I wasn't happy to send for fear of signatures being lifted. Now I know how to deal with this thanks to Cag

 

The quotes I made earlier were in those lists..............

 

if i were you i would not worry about "lifting signatures" - it is old wives tales

[diddydicky]

Goodnight guys

 

I'm afraid I'm off to bed now - all this car talk is way over this girlie's head.............tell you one thing though we could do with that long overdue PPI refund from Norton right now to pay for the new engine

 

Landy x

 

 

have you tried e bay for breakers (with a good engine?)

 

there is also an online national breakers site which can put you in touch with lots of good condition mechanical parts such as engines from ow mileage rear end or side impact accident write offs

 

you simply list the parts you are looking for and then sit back and wait for the e mails and/or text messages from around the country

[pompeyfaith]

Landy

 

Hehe i asked for that answer did'nt I lol

 

Diddy yes i get my parts from those places in fact the one i use is top of search list

[landy_alert]

have you tried e bay for breakers (with a good engine?)

 

there is also an online national breakers site which can put you in touch with lots of good condition mechanical parts such as engines from ow mileage rear end or side impact accident write offs

 

you simply list the parts you are looking for and then sit back and wait for the e mails and/or text messages from around the country

 

Hi dd:)

 

Thanks for that - we've had a look on the bay for engines (in fact I think the ones quoted by our 'reliable' mechanic have been found there), but haven't looked at breakers with usable engines.........will give this a try!

 

Will also do as you and PF suggest and look at online breakers sites.

 

Trouble is Mr L is not very mechanically minded so doesn't feel confident to be searching out these things himself. Also he fears that if he were to locate an engine himself, the mechanic would not be so keen to fit it, but I'm sure people must do this all the time

 

Landy x

[landy_alert]

Landy

 

Hehe i asked for that answer did'nt I lol

 

Diddy yes i get my parts from those places in fact the one i use is top of search list

 

Hi PF:)

 

Thanks for that - will take a look or get Mr L to do so!

 

Landy x

[DontPushMe]

Hi DD,

 

Not for the first time I'm confused. I thought that the OC could sell a debt whether it was in dispute or not as it's their asset and they can do what they like with their assets. Does the unlawful rescission come into play if the debtor has not been properly informed of this sale and the creditor cannot prove at a later date that the debtor had been properly informed?

 

DPM

[diddydicky]

you are correct- it is the oc's asset and he can sell it when he likes

 

the buyer can buy it in any state that it is in (bigger fool him if he chooses to buy a lemon)

 

however

 

as far as you are concerned the importance is that if the creditor serves a DN and then- prior to the time for remedy he sells the debt on- then you cannot (notwithstanding any defects in the DN itself) comply with the DN- because you cannot pay the money to him if he no longer owns the debt

 

the new owner of the debt has not- at this time served a DN upon you so there is no obligation to pay the money mentioned by the OC in his DN- to the new owner of the debt

 

The DN must not leave you in any doubt!!

 

by the time the new owner gets his head around the debt (hopefully) youy have already relieved yourself of your obligations due to the OC's unlawful repudiation.

 

the DN itself clearly evinces an intention on the part of the creditor "not to perform" if you dont comply with it- and i would suggest that selling the debt is as clear a signal of this intent as any other act on the part of the creditor

 

further at that time you would be unaware if the new owner of the debt could actually comply with s89

 

( if you remedied the alleged default and paid the arrears- could the new owner then act as if the breach had never occurred?)

 

i would suspect that if you had paid the arrears mentioned in the Dn to the OC (who no longer owns the debt)- and who therefore may or may not give these to the new owner of the debt post sale- then compliance with s89-could not be acheived since the situation would be that by complying with the DN- you would still be in arrears on the debt and would not therefore have recverted to the position as if the breach had never occurred.

 

If you find all this confusing then all the better- for the CCA says that the DN should leave you in NO DOUBT

Edited July 27, 2010 by diddydicky

[DontPushMe]

DD, you always amaze and educate me. Thank you!

 

You mention that by the time the new creditor gets his head around the debt that the debtor should have relieved themselves of the debt. Is there a timescale or a time limit for this divestment? Does it matter if the new creditor then demands the full outstanding amount via the county court summons?

 

DPM

[diddydicky]

DD, you always amaze and educate me. Thank you!

 

You mention that by the time the new creditor gets his head around the debt that the debtor should have relieved themselves of the debt. Is there a timescale or a time limit for this divestment? Does it matter if the new creditor then demands the full outstanding amount via the county court summons?

 

DPM

 

well if he made a claim and had not first served a valid default notice he would

 

a/ not have a cause of action

 

or

 

b/ have to rely upon a dn issued by a previous owner of the loan and in which the defendant was never required to answer to the new owner of the loan

[diddydicky]

DD, you always amaze and educate me. Thank you!

 

You mention that by the time the new creditor gets his head around the debt that the debtor should have relieved themselves of the debt. Is there a timescale or a time limit for this divestment? Does it matter if the new creditor then demands the full outstanding amount via the county court summons?

 

DPM

 

normally a defective DN, followed by the action which the creditor mentions in the DN will happen if the dn is not remedied- would amount to UR

 

however if the circumstances dictate (as in this case)- it would be wise(IMO) to accept the defective DN itself as an intention by the creditor not to perform and accept the Unlawful repudiation.

 

depends on the circumstances- but in general if a defective DN is left "on the shelf" it is always open to the creditor to correct his mistake

[DontPushMe]

But if the new creditor follows with a CC summons in the hope to realise the money then it's too late to issue a new, compliant DN? I do hope so...

 

DPM

[DontPushMe]

Sorry Landy, didn't mean to take up so much space. I hope you get your Disco sorted. Errant pistons can be a bit of a worry! I always thought that Landrovers were made of sterner stuff and you could remove a damaged piston and rod and carry on driving it.

 

DPM

[diddydicky]

But if the new creditor follows with a CC summons in the hope to realise the money then it's too late to issue a new, compliant DN? I do hope so...

 

DPM

 

yes, he would then have the cart before the horse!

 

he cannot terminate or demand payment of those sums that are not yet due UNTIL he has served a valid DN which the debtor has failed to remedy

[robinredbreast]

Hi diddy,

 

Could I ask for your advice on my thread, which involves a DN for an OD on a bank account.

 

If you're not able to take a look I understand ... I think I know what to do but just wanted the view from someone much more knowledgeable ....

 

my thread if you have time is .. http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/264031-defective-default-bank-overdraft.html

 

Thanks Diddy ....

 

Robin x

[DontPushMe]

yes, he would then have the cart before the horse!

 

he cannot terminate or demand payment of those sums that are not yet due UNTIL he has served a valid DN which the debtor has failed to remedy

 

But if he's asked for the full repayment of sums not yet due via a CC Summons then that's surely termination and therefore UR?

 

DPM

[diddydicky]

yes - cart before horse!

[landy_alert]

Hi everyone:)

 

Well, I'm just about to get the new SAR ready to send off to MBNA and have come across a statement for the account in post 1 which was sent with the original CCA request. It is dated 9th Feb and has two entries plus balance -

 

31 Jan - Charge off adjustment (followed by full outstanding balance amount)

 

9 Feb - Interest charged 00

 

New balance - 00

 

That seems to be conclusive proof the account was sold (although unfoortunately no ref to 'zero curbl on sold acct' as per second account) and pre-dates the date referred to for the account being sold (18th Feb) by several days. It also comes only three days after the date of the DN (6th Feb).

 

I will now go and search for something similar for the second account

 

The SAR will be going in the post (recorded of course) tomorrow - regarding the comms log, is that how I describe it in the SAR or does it have another name?

 

By the way, further bad news regarding OH's car - the mechanic has today taken a closer look and discovered the gearbox and turbo charger also are ruined - total repair cost inc parts now looking like being over £4000

 

He took photos in OH's presence which OH has sent with a report to Landrover - the engine is in bits with huge holes ripped in everything...........an absolutely awful mess - god knows what we're going to do

 

Landy x