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Original Creditor Name Change

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Original Creditor Name Change

Post by pipsaholic on Fri Apr 21, 2017 5:56 pm

Hi,

When you first take out a loan or credit card with a bank then they change their name such as Lloyds Tsb is now Lloyds bank you have an agreement with LTSB not Lloyds bank who they now call themselves is their anything that a debtor can use as they do not have a contract with Lloyds bank?

Thanks.

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Re: Original Creditor Name Change

Post by ceylon on Fri Apr 21, 2017 6:08 pm

they will say they baught all the rights and agreements but you are correct
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Re: Original Creditor Name Change

Post by assassin on Fri Apr 21, 2017 6:36 pm

Actually its oftem much more simple, they act as "agent for" which means they can throw around the commissions and generate more wealth, and claim you have given them power of attorney to do so.
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Re: Original Creditor Name Change

Post by pipsaholic on Fri Apr 21, 2017 7:31 pm

[quote="ceylon"]they will say they baught all the rights and agreements but you are correct[/quote]

So, they require a proof of claim they bought all the rights and agreements? Before a justice of the peace sheriff

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Re: Original Creditor Name Change

Post by Waffle on Fri Apr 21, 2017 11:05 pm

Intriguing, I did not notice this on my agreement, I shall look into this further. You may be able to revoke any right of transfer or assignment under the FCA rules and prevent it through acknowledgement, I am working on this.

If they are saying BANK it is my understanding that anyone who is not a CRD credit institution is supposed to tell you they are performing as banker not trustee. If the BANK is not the trustee, i.e they have been assigned the agreement as agent should they not the informing you who they are operating as FCA rules, chapters 7 client money rules s7.1.9.G

If they are trustee then you are beneficiary, surety and settlor/executor, you could always attempt to discharge the debt as the same method described in the discharge settle all bills post by landlubber. General executor of the estate, or go in as personal representative.


Last edited by Waffle on Fri Apr 21, 2017 11:39 pm; edited 1 time in total

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Re: Original Creditor Name Change

Post by Waffle on Fri Apr 21, 2017 11:38 pm

Privity of contract
A definition or interpretation clause will not make any of the heirs, executors, administrators, successors, and assígns parties to the conhact. This is due to the doctrine of privity of contract that is, only the parties to a contact are legally bor¡nd by the contract, and entitled to enforce it.r

There are exceptions to this privrty of contract where an heir, executor, administrator, successor, or assign may become a party. Yet these exceptions do not operate merely because of the expanded definition of o'party" in the contract.

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