UK DD clawbacks and Simon Goldberg

[Tuco]

Until you can somehow understand that it has nothing to do with assignment, we are not going to get anywhere.

I've lost count of the number of times that I've tried to explain this to you over the past 3 years. I might just as well have explained to the brick wall it seems.

Now as you have demonstrated a refusal to communicate with me elsewhere, I can only assume that your stalking of me on this website is to antagonize and disrupt.

As such, please do not feel offended that moving forward, I shall be ignoring your posts.

[rumpelstilzchen]

Regardless of whether I would have still borrowed the money, they voided the contract.

Please expand. Exactly how did they "void the contract"?

The question is hypothetical. At the point that they sold on the agreement, there was no contract and nothing was enforceable.

Please cite the relevant case law that you believe supports your argument.

[longdog]

Regardless of whether I would have still borrowed the money, they voided the contract.

Please expand. Exactly how did they "void the contract"?

The question is hypothetical. At the point that they sold on the agreement, there was no contract and nothing was enforceable.

Please cite the relevant case law that you believe supports your argument.

You'll be waiting a long while for that case law I fear.

There's no breach of contract here unless the original credit agreement said the debt couldn't be sold and I'm 100% sure it didn't.

Tuco is the one who breached the contract by not repaying the debt which is fine by me but to pretend he has the moral and legal high ground is positively ridiculous.

[Henti]

Until you can somehow understand that it has nothing to do with assignment, we are not going to get anywhere.

I've lost count of the number of times that I've tried to explain this to you over the past 3 years. I might just as well have explained to the brick wall it seems.

Now as you have demonstrated a refusal to communicate with me elsewhere, I can only assume that your stalking of me on this website is to antagonize and disrupt.

As such, please do not feel offended that moving forward, I shall be ignoring your posts.

Well if you are talking about agreement being sold whilst in place.

There is nothing illegal about that either, nor do you have to be notified as long as the orriginal terms are unaltered . There will be a term in your agreement which confirms this.

[Tuco]

Regardless of whether I would have still borrowed the money, they voided the contract.

Please expand. Exactly how did they "void the contract"?

The question is hypothetical. At the point that they sold on the agreement, there was no contract and nothing was enforceable.

Please cite the relevant case law that you believe supports your argument.

Firstly, the relationship between myself and the bank was that of a fiduciary relationship. As such, there was a duty placed upon the bank of full disclosure. Furthermore, the CCA places a duty on the bank to ensure full disclosure.

It was not disclosed to me that:

a) The agreement that I was signing would become an instrument of value.
b) It was my signature that was guaranteeing the instrument.
c) The instrument that I was guaranteeing would be traded and others would profit from it.
d) The lender would end up having no idea where this instrument ended up or how many people ha, had access to it. The instrument contained all of my private, personal data.
e) That I would have no say in whether the instrument was traded or not, nor would I be informed if and when it was traded.

Furthermore, within the T&Cs of the agreement, the lender pledged to safeguard my private data, pursuant to the DPA. The lender clearly had no intention of doing so as it was always the intention to trade the agreement. The lender cannot tell me how many people have had access to my private data because they don't know. Nor do they care.

Case law does not have to be specific to credit agreements. These breaches were breaches of contract.

[rumpelstilzchen]

You'll be waiting a long while for that case law I fear.

No, I won't have that said about Tuco. He must have some case law tucked up his sleeve that he is going to post on here to show us the law agrees with him. I know he has, he must have otherwise it will reveal what he has claimed is nothing more than his opinion.

[Tuco]

Regardless of whether I would have still borrowed the money, they voided the contract.

Please expand. Exactly how did they "void the contract"?

The question is hypothetical. At the point that they sold on the agreement, there was no contract and nothing was enforceable.

Please cite the relevant case law that you believe supports your argument.

You'll be waiting a long while for that case law I fear.

There's no breach of contract here unless the original credit agreement said the debt couldn't be sold and I'm 100% sure it didn't.

Tuco is the one who breached the contract by not repaying the debt which is fine by me but to pretend he has the moral and legal high ground is positively ridiculous.

I agree he will be waiting a long time for specific case law-Like Henti (and Bones before him). you are getting confused. I am not claiming that a legitimate debt cannot be sold. My argument is that the signed agreement should not have been sold. Not only does it breach the DPA but I should have been made aware before signing that this was their intention.

Before you can grasp this, you are not in a position to state who (if anyone) has moral high ground.

[Bones]

You'll be waiting a long while for that case law I fear.

No, I won't have that said about Tuco. He must have some case law tucked up his sleeve that he is going to post on here to show us the law agrees with him. I know he has, he must have otherwise it will reveal what he has claimed is nothing more than his opinion.

Why are you guys even bothering ?

Tuco is the worst kind of freetard, as he is in denial about being a freetard.

Copies (not photocopy but scanned copies) are provided as when a bank receives a signed credit agreement is scanned and printed off when required. The original credit agreement is not sent to some third party, it is sometimes destroyed after it has been scanned or boxed up and sent to storage on an external site with a nice little destruction date written on the box.

There is no case law to say to support any of Tuco's claims, so guys don't want your time, he is here just to cause disruption

http://www.hsbc.co.uk/1/PA_esf-ca-app-c ... rd-tcs.pdf

10. General
a We may at any time transfer our rights and/or
our obligations under this Agreement to someone
else. If we do this, it will not affect your rights
and/or your obligations. You may not transfer any
of your rights and/or obligations.

http://www.legislation.gov.uk/ukpga/Geo ... ection/136

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—

(a)the legal right to such debt or thing in action;

(b)all legal and other remedies for the same; and

(c)the power to give a good discharge for the same without the concurrence of the assignor:

Provided that, if the debtor, trustee or other person liable in respect of such debt or thing in action has notice—

(a)that the assignment is disputed by the assignor or any person claiming under him; or

(b)of any other opposing or conflicting claims to such debt or thing in action;he may, if he thinks fit, either call upon the persons making claim thereto to interplead concerning the same, or pay the debt or other thing in action into court under the provisions of the M1Trustee Act, 1925.

(2)This section does not affect the provisions of the M2Policies of Assurance Act, 1867.

[F1(3)The county court has jurisdiction (including power to receive payment of money or securities into court) under the proviso to subsection (1) of this section where the amount or value of the debt or thing in action does not exceed [F2£30,000].]

[Tuco]

Tuco is the worst kind of freetard,

To a certain extent I'd agree. Whilst I am not a fmotl, I am definitely the worst kind of freetard, compared to the Ceylons or Jimmy Wyldes of this world, I have a brain.

The original credit agreement is not sent to some third party, it is sometimes destroyed after it has been scanned or boxed up and sent to storage on an external site with a nice little destruction date written on the box.

Someone put her out of her misery FFS.

There is no case law to say to support any of Tuco's claims

Well there wouldn't be would there? There is none to dismiss my claims either.

[Bones]

https://ico.org.uk/for-organisations/gu ... rocessing/

Example

A finance company is unable to locate a customer who has stopped making payments under a hire purchase agreement. The customer has moved house without notifying the finance company of his new address. The finance company engages a debt collection agency to find the customer and seek repayment of the debt. It discloses the customer’s personal data to the agency for this purpose. Although the customer has not consented to this disclosure, it is made for the purposes of the finance company’s legitimate interests – ie to recover the debt.

[rumpelstilzchen]

So Tuco is only expressing his opinion
Thought so.

[Tuco]

So disclosing personal info to recover a debt is the same as disclosing it in order to make profit? Get out of town.

As for all these original agreements "accidently" getting lost or destroyed. Funny how they are able to hang on to the photocopies as if their lives depended on it isn't it?

[Bones]

The original credit agreement is not sent to some third party, it is sometimes destroyed after it has been scanned or boxed up and sent to storage on an external site with a nice little destruction date written on the box.

Someone put her out of her misery FFS.

I know this is what happens as I have personally done it myself - sorry to pop your little bubble there

[Tuco]

So Tuco is only expressing his opinion
Thought so.

His opinion, his personal experience and dozens of contract case laws

And you are expressing what exactly?

[Bones]

The fact remains Tuco, like the other freetards. You have nothing to back up any of your claims or personal opinions.

Your personal opinion carries no weight here or in a court room

Now don't get upset with us, just play with the other freetards

[rumpelstilzchen]

Cite those "dozens of cases" Tuco

[Bones]

Cite those cases Tuco

Tuco will deflect, duck and dodge like a typical freetard

[Tuco]

The fact remains Tuco, like the other freetards. You have nothing to back up any of your claims or personal opinions.

Your personal opinion carries no weight here or in a court room

Now don't get upset with us, just play with the other freetards

Oh please

look at the thread. I've provided a valid legal argument that would be hard to defeat in a courtroom. I can add numerous case laws to it if needs be.

All you have contributed is some silly claim that the original are "accidently" lost. Ask the more knowledgeable on here where the originals go.

[Bones]

look at the thread. I've provided a valid legal argument that would be hard to defeat in a courtroom. I can add numerous case laws to it if needs be..

Please do

[Bones]

[
All you have contributed is some silly claim that the original are "accidently" lost. Ask the more knowledgeable on here where the originals go.

Having trouble reading tuco ?

I have explained where they go

Go on keep ducking the real facts, freetards are all the same