Wage Day Advance

[jon1965]

Re: Wage Day Advance

Thanks. It is not quite clear to me if this is an absolute or equitable assignment. Do I need to wait until I hear from MMF (that's something you only see on seedy websites)

[gravytrain]

Re: Wage Day Advance

From reading the e-mail, it appears that they consider it to be absolute

The recent case law and the LPA itself say that for an absolute assignment to be effective the letter of notification must be sent by registered post, or delivered by hand.

I am sure that someone will advise me if I am out of date.

It probably would not be in your interests to advise them of their error at this stage, but if they took you to court you could question their right to enforce as per the aforementioned case.

[jon1965]

Re: Wage Day Advance

Thanks
I hadn't realised this until today but I do have a couple of absolute assignments that have not arrived by special or signed for. One of them being my big debt. However I am not sure if I have kept all the envelopes.
You learn something new every day

[The Tech Clerk]

Re: Wage Day Advance

There has been an European directive recently stating that the DCA/ debt buyer can inform the client of a assignment on behalf of the O.C., but the recorded delivery or another method, I will attempt to find the ruling.

[gravytrain]

Re: Wage Day Advance

I think it is section 82A.

Could be wrong, it adds a requirement to notify the debtor if an account changes hands and the method of service differs.
I believe it is a new feature of the CCA and does not repeal any requirements of the LPA, but if course I could be wrong.

[BBoo]

Re: Wage Day Advance

The Consumer Credit (EU Directive) Regulations 2010

Part 2 Section 36.

[jon1965]

Re: Wage Day Advance

Thanks everyone. I have read up and according to the EU directive and the CCA the assignee has to arrange for the debtor to be told. i.e in this case MMF have to arrange for me to be told (but they do not have to do it themselves)

However I can not find any part that says HOW it has to be done.

From what I have read it is in the LPA that the says absolute assignment has to be done by hand or signed for. Is that the correct interpretation?

This is still of course a technicality as I haven't heard from MMF
The other question is...can they assign the rights while there is an ongoing unresolved complaint, in this case the addition of charges without notification .

[gravytrain]

Re: Wage Day Advance

Yes the assignment can only be in equity if the notice under section 196 has not been sent.

The new requirement of the CCA is an information notice, and must be sent to notify the debtor that the assignment has taken place, it does not enable it.

[jon1965]

Re: Wage Day Advance

Ok so after the email I have had two text messages , one from WDA and another from MMF . Odd thing is I also have an old email from Richard King saying my numbers have been removed from the system and I would only be contacted in writing.

Do I contact motormouth by letter or email or do I wait until they write?
They are threatening doorstep collection which will really piss off the other people who live in these flats

[jon1965]

Re: Wage Day Advance

Need some advice please people
Had this from MMF
Now as far as I can see it is full of lies
1) I have made a complaint to the BCCA and have an email to say they have received it, all in a timely manner
2) I do not believe their crap about the law not applying to them
3) I have not frustrated their attempts at discussing this, on receipt of the NOA I wrote to them also told them over the phone it was in dispute (have the email)

MMF edit.pdf

BTW I still have the original un marker penned copy

[Never-In-Doubt]

Re: Wage Day Advance

Need some advice please people
Had this from MMF
Now as far as I can see it is full of lies
1) I have made a complaint to the BCCA and have an email to say they have received it, all in a timely manner
2) I do not believe their crap about the law not applying to them
3) I have not frustrated their attempts at discussing this, on receipt of the NOA I wrote to them also told them over the phone it was in dispute (have the email)

[ATTACH]7213[/ATTACH]

BTW I still have the original un marker penned copy

want me to answer this for you mate....

[jon1965]

Re: Wage Day Advance

Would be very grateful . Thanks.

[Never-In-Doubt]

Re: Wage Day Advance

Would be very grateful . Thanks.

Any use....?

Dear Mr Ellershaw,

Ref: xxxxxxxx

I write with reference to your letter dated 9th January 2013 and note the content within.

Firstly, thank you for removing my phone number - there is no need for retention of the number based on the fact I am more than happy to communicate with you, however I wish to do that in writing.

Moving swiftly on, I sincerely think you need to take a crash course in legislative guidance because your reply can only be classed as utter nonsense, you know that, I know that and the OFT knows that. Let me elaborate, you seem to think that the OFT dictate who can and who cannot visit me at my home address - have you forgotten that Common Law provides this protection, not in fact the OFT (whom, for clarity was referred to regards your debt collection techniques). I will rephrase this so you actually understand the correct legal grounds, and ramifications of any such breach.

There is an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v Sheppard & Short Ltd [1959] 2 QB 384. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and, if you do so, you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

The above is self explanatory and I trust now, you'll recognise that sending anyone to my home address will result in immediate legal action being taken against you - be warned, do not mess me around as with my fragile frame of mind I will seek immediate redress for any breach of my statutory rights. Additionally, you state "in law a creditor is in a different position to a postman or a member of the public..." - please, enlighten me as to which 'law' you refer? I would love to see what this secret law is that I have missed for the last 40 odd years of my life.

If you are saying you own full assignment rights to this debt then I can only point out you've bought a dead-duck. Please take legal action, be my guest. However be warned, there is a very valid dispute and if you feel it pertinent to ignore this dispute and pursue litigation then be my guest. A CCJ means nothing to someone that doesn't have anything plus do you really fancy your chances here based on the background and original complaint?

I suggest you reconsider your stance regards sending an agent - they will not be welcome and the Police will be called, if your agent is lucky enough to catch me on a good day where calling the Police comes first. I am of a fragile and temperamental mental composition at the moment, as you'd already know had you bothered to read my complaint so I suggest you take heed - do not send anyone to my house.

You state you will not disregard any reasonable request which is great. My reasonable request is that you return this to the original creditor or close the account. If not, then go ahead and try and get a CCJ - then I'll fight this and plead my case to a Judge.

Yours sincerely,



Sign Digitally

[gravytrain]

Re: Wage Day Advance

Interesting to think that they are of the opinion that making a financial agreement gives them an implied legal right to trespass, or would it be to intimidate.

I cannot believe they would have the balls to commit this drivel to writing

[Never-In-Doubt]

Re: Wage Day Advance

I cannot believe they would have the balls to commit this drivel to writing

Its unreal isn't it..?