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Hello and thanks for asking for me.
Just to be clear, what is your question about this? Could you number them?
Well the fact it cant be enforced does not make the actions any less legal. It either an executable agreement or its not.
They can reconstruct the agreement, the law and the case of RBS v McGuffik allows this.
They are entitled to charge interest and late fees of £12 each.
The debt can only be assigned if the terms allow it and the notice of assignment was sent.
Can I clarify anything for you about this today please?
They can only enforce the agreement if it says it can be assigned and you had a notice of assignment.
That is the only way it can be enforced. However just because there may be a breach with Studio does not make the card issuer automatically liable in terms of enforcement.
You would need to file a defence also under S.75 of the CCA if Studio breached it then they are liable too
Does that clarify?
No there is no duty on Cabot.
Yes Cabot can take it up with Studio