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Deed of assignment. Another discussion

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  • Deed of assignment. Another discussion

    Ok so when an account is assigned according to Lord Denning apparently the debtor has the right to view the deed.
    Van Lynn Developments v Pelias Construction Co Ltd 1968
    Perceived wisdom however seems to be that it is a commercially sensitive document and the debtor has no rights to view it.

    Has the ruling changed or does it still stand and if so how would you use it to your advantage. For example would you request it on receiving a NOA or would you request it as part of a defence?

    On a connected point does the creditor have to prove that a NOA was sent or is it permissible to turn up to court with it
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  • #2
    Re: Deed of assignment. Another discussion

    Or can you only request to see it if it is mentioned in POC?

    Comment


    • #3
      Re: Deed of assignment. Another discussion

      In litigation they have to allow inspection

      Pre action you can ask for inspection and if they come back with the usual dross of Its sensitive blah blah then refer them to Webster v Ridgeway [2009] ELR 439 and point out that sensitive shyte can be redacted!!!

      Dam im giving away my arguments now
      I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

      If you need to contact me please email me on Pt@roachpittis.co.uk .

      I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

      You can also follow my blog on consumer credit here.

      Comment


      • #4
        Re: Deed of assignment. Another discussion

        Thank you PT. By the way I have pointed someone to you from a certain freeman site and I will gratefully accept your commission payment :lol:

        Comment


        • #5
          Re: Deed of assignment. Another discussion

          Originally posted by jon1965 View Post
          Thank you PT. By the way I have pointed someone to you from a certain freeman site and I will gratefully accept your commission payment :lol:
          LMAO
          I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

          If you need to contact me please email me on Pt@roachpittis.co.uk .

          I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

          You can also follow my blog on consumer credit here.

          Comment

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