Deed of Assignment

**LuggerBugs** · 25th November 2009, 15:24:PM

Re: Deed of Assignment

Deed of Assignment, and I know people will disagree with me here, is a bit of a red herring. You can try to get them to produce one, but so what? The account was assigned, end of.

But as for going straight to the jugular, it's their usual shoite tactics.

And as they are being so underhand, I have no hesitation in saying, if you can get out of paying, go for it. That viewpoint does not tally with the ethos of this site, but if they had been more resonable, I wouldn't need to say it.

After all, what's wrong with them saying, "We've bought your debt, let's come to an arrangement"?

So, NOA has been produced, so the assignment is now absolute and they are allowed to go forward on that basis. BUT...

What was the debt for? Loan, Credit Card, Overdraft? More info, so we can try to help, please.

Having said all the above, if you can show a court that you were paying without problems before, and they get a CCJ against you, they are hardly likely to be any better off than if you had continued with your payments, except to them rather than to the Halifax. I can't understand their reasoning, except the are utter twonks.

**Curlyben** · 25th November 2009, 18:02:PM

Re: Deed of Assignment

The main thrust of your defence against CL lies with Law of Property s136 and s196.

s136 deals with the deed/assignment itself and s196 deals with the postage by registered mail, so yes they MUST prove that the original creditor actually sent the assignment notification to you in the proper manner.

**downbutnotyetbeaten** · 26th November 2009, 13:48:PM

Re: Deed of Assignment

Thanks for your replies, very nice to have some help on this. Very much appreciated

The amount was £17000 fo a loan, I kept up the payment for 12 months but then lost job followed by family bereavements and ending up in mess.

Came to arrangment with the Halifax with the help of the CCCS and maintained every payment at reduced rate since.

CL Finance bought the debt in Dec 2008 and sent a letter saying that they would contact the CCCS and arrange for payments to be sent to them and that the payment arrangement would remain.

However they did not contact the CCCS and the payments continued to go to the Halifax via Blair Scott Oliver.

Blair Scott Oliver took the payments up until Oct 2009 when they finally wrote to the CCCS and said this money should not be sent to them and then returned all the those payments.

The first I knew was the CCCS then sent me a letter saying the money had been returned and that they were going to give it to my other creditors. I called them and explained the situation with CL Finance and so they have sent all the payments now to CL Finance and all current payments are now going to CL Finance.

CL Finance had not contacted the CCCS at all. nor did they send me any letters asking me to pay or to say they were no longer happy with the payment plan. They just went straight to court action.

All of my other cridors have been paid every month for the last five years and they all seem happy with the arrangements. CL Finance are the only ones who are causing me greif and to be honest its making me feel ill that iff they ccj me now after all this time it will sit on my records for another six years.

I would have been happy to continue to pay Halifax and when better days return paid off more money to them.

But I hate the thought of giving money to a CL Finance who are nothing more bunch of parasitic leeches who trade on peoples misery. I know they would have bought the debt for a fraction of the amount owed and they are intending to profit on my misery. I fear that they are doing this in order to go for a charging order and I have two young children of school age which is why its making me so sick that they might get a charge on the property and try to force a sale.

Regading the deed of assignment notice I never received the notice document they are now producing so would definately what to put them to proof of postage. thanks for that Curlyben.

On the matter of the default notice , do the words default notice need to be in larger font or bold ? becasu they have them as just normal text ?

If these parasites are going to get me then at least I went down fighting and did not just rollover.

**LuggerBugs** · 26th November 2009, 15:20:PM

Re: Deed of Assignment

Seems to me that the next thing you should do is request a copy of any agreement that MIGHT be available.

Yes, I AM suggesting that the way out here might be to use S127(3), should any agreement be unavailable or non compliant for any reason.

They are being a total shower of twats, so I see no reason why you shouldn't leave morals out of this under the circumstances.

**downbutnotyetbeaten** · 26th November 2009, 19:00:PM

Re: Deed of Assignment

they have a copy of the agreement which looks like it will be enforceable they have the prescribed terms such as amount of loan, no of repayments, interest rate, totall amount payable and it says agreement.

**Curlyben** · 26th November 2009, 19:12:PM

Re: Deed of Assignment

Can you scan and post a copy after removing your personal information.

**downbutnotyetbeaten** · 27th November 2009, 16:33:PM

Re: Deed of Assignment

[IMG]file:///C:/Users/admin/AppData/Local/Temp/moz-screenshot-1.png[/IMG]Hi

I have attached a copy of the agreement

**downbutnotyetbeaten** · 27th November 2009, 16:43:PM

Re: Deed of Assignment

Also should I consider a Tomlin order as that is what the CCCS are telling me to try and get from CL Finance. Thereby avoiding the immediate CCJ.

What are the issues with Tomlin orders if any ?

**LuggerBugs** · 27th November 2009, 17:43:PM

Re: Deed of Assignment

Mention of a Tomlin order is a bit premature. They've not done anything yet which would suggest they'll be coming to ANY sort of arrangement.

Have CCCS explained the workings of a Tomlin order to you?

Just going to have a squint at your agreement. No doubt Curly will do likewise as soon as.
------------------------------- merged -------------------------------
OK, it APPEARS at first glance to be compliant. But I assume that they didn't supply the Conditions Booklet that is referred to on the agreement?

Anyway, it needs to show the following, so does it?

A - amount of credit - Yup, it does.
B - repayments - Likewise.
C- rate of interest - There too.

And it certainly purports to be a regulated agreement.

Perhaps Curly will be a bit pickier than me.

I assume also that the figures you have blanked out tally, and don't contain any errors? Clutching at straws there, I know.

**downbutnotyetbeaten** · 30th November 2009, 10:56:AM

Re: Deed of Assignment

yep all the figures tally up.

What are the benefits of a tomlin order

**downbutnotyetbeaten** · 3rd December 2009, 11:22:AM

Re: Deed of Assignment

Can anyone shed light on a Tomlin order please.

**downbutnotyetbeaten** · 7th December 2009, 15:56:PM

Re: Deed of Assignment

bump

**Kafka** · 7th December 2009, 17:33:PM

Re: Deed of Assignment

down

Was there anything else with the agreement? Terms & Conditions?

Here is the info on Tomlin Orders from Wikipedia

A Tomlin order is a court order in the English civil justice system under which a court action is stayed, on terms which have been agreed in advance between the parties and which are included in a schedule to the order. As such, it is a form of consent order. The order permits either party to apply to court to enforce the terms of the order, avoiding the need to start fresh proceedings. The terms of the schedule do not form part of the court order, so may remain confidential, and can include matters outside the jurisdiction of the court or the scope of the case in hand.

This is often a better option than getting a CCJ and effectively gives the creditor the security that if you breach the terms they can get court enforcement easily. For you it can get a suitable arrangement sealed by the court, but without getting the CCJ. However, you are a long way from that yet, as this would only become an issue if they were likely to get a CCJ. Ideally you stop then doing this by a good defence.

Regarding the Deed of Assignment, you won't get this because it is commercially sensitive and contains more than personal data, which is what you are entitled to get. Its the Notice of Assignment that you should have received at sale, and the document from the OC confirming this should be produced as evidence of title to the debt by the new owner.

Curly is correct that the LoP Act can be read as requiring the Notice to be 'properly served', which they define as personally delivered or sent by recorded mail. Despite this, courts are often not bothered about this aspect in practice. This is bad because there is a trend with many DCAs to forge Notices and pass them off as genuine documents that were sent, and some - like Cabot - clearly have supplies of headed paper from people like Egg and Citi used for this purpose. In some recent cases it is possible to demonstrate that the Notice cannot be original due to errors.

**Amy** · 7th December 2009, 18:53:PM

Re: Deed of Assignment

This is a good thread on Tomlin Orders.

Part 36 offer - Legal Beagles

Deed of Assignment