Deeds of Assignment

[capricorn1601]

Hi All

I have read, admittedly on other forums, that there is value in demanding a copy of the deed of assignment. My current dca has only sent a very poor affair which purports to be a Notice of Assignment.

Has anyone on here ever requested one? Does it hold any weight in the long run?

Thanks

[skilganon]

Re: Deeds of Assignment

Hi All

I have read, admittedly on other forums, that there is value in demanding a copy of the deed of assignment. My current dca has only sent a very poor affair which purports to be a Notice of Assignment.

Has anyone on here ever requested one? Does it hold any weight in the long run?

Thanks

this is only my personal opinion, but i would always request to see the deed of assignment or the sale agreement between the OC and the DCA to prove they have the lawful right, title and interest to pursue or enforce the debt.

there are strict conditions in most of the agreements which the DCA must abide by, they very often dont.

yes i have requested one in a letter to the court sent with my directions questionnaire, and yes the judge ordered them to provide a copy.

not all judges are the same though unfortunately.

i hope this helps

[stevemLS]

Re: Deeds of Assignment

My understanding is that you only have a "right" to see the Deed if it is mentioned in the particulars of claim.

Normally Notice of Assignment is sufficient.

These Deeds are generally done as one which covers a schedule of hundreds or thousands of individula accounts.

[skilganon]

Re: Deeds of Assignment

it is mentioned in the POC if the DCA are stating the debt has been 'assigned' , to be lawfully assigned there has to be a 'sale agreement' or deed of assignment.

the notice of assignment is deemed to be sufficient if it is not mentioned in your defence or if it goes unchallenged.

again this is only an opinion

[ironman]

Re: Deeds of Assignment

If it is mentioned in the POC that the claimant is the assignee of a debt then always request inspection of the Deed of Assignment. I am going through the claim process myself at the moment. This is part of my defence as to the Assignment question in a claim:


9. On the alternative, if the Claimant is an assignee of a debt,
it is denied that the Claimant has the right to lay claim due to
contraventions of Section 136 with Section 196 of the Law of
Property Act 1925 and 82A of the Consumer Credit Act 1974

10. If any assignment exists, the respondents requests an order to
inspect such Deed of Assignment to confirm good title is
effectual. The respondent will be relying on Van Lynn Developments Limited v Pelias Construction [1969] 1QB607 and HFO Capital Limited v Burney [2011] EW Misc 23 (CC) Case No: 1QC52520