Notice of Assignment

[biggie22]

Hi All,

In regards to a defence in court. Notice of Assignment of a debt needs to be notified to all parties and this has been done. But the county claim is only against one named individual when there were 2 parties on the assignment......could this be used in defence in court in regards to why am l the only one who has been named on the claim, what about the other party?

Any response would be appreciated.

Biggie.

[Bill-K]

Re: Notice of Assignment

Hi Biggie, and welcome.

So, it looks like the Notice of Assignment was issued properly to all other parties to the agreement. What seems to have happened is that you have been selected as the respondent in the claim. Usually - the agreement would have made you and the other party to it 'jointly and severally liable' somewhere in the small print, I think. That basically means that either or both of you can be pursued for the whole debt, and it would be down to you to recover the other party's liability from them yourself.

Depends on your circumstances, of course, but I'm betting that this is the case.

[labman]

Re: Notice of Assignment

I'd agree with Bill here about the joint and several liability. You both owe the debt, so can both be chased for it.

In terms of a court defence, I doubt you could use it because it is entirely up to the creditor against whom they take legal action, it's not for you to tell them they should be taking it against someone else too.

Having said that, court is not my area, so take anything I've said with a pinch of salt.

[biggie22]

Re: Notice of Assignment

Many thanks for the response Bill-K and labman, really appreciated!! I thought l might have had a loophole. Thanks anyways.

[Bill-K]

Re: Notice of Assignment

Thanx, Biggie. But do check the small print for that clause, first, mate !!! They don't ALWAYS get it right !!!