Notice of Assignemt

[MIKE770]

Re: Notice of Assignemt

which ever way but which!

[wayne7]

Re: Notice of Assignemt

Hi Mike770

I just do not know, my heads turning into a cabbage trying to get to my head around the LOP act 1925.

Help ...

regards

[Debt Camel]

Re: Notice of Assignemt

You don't have any right to see the assignment contract. You are not a party to it. The original contract you signed will have had a clause permitting the creditor to assign the contract.

Notices of assignment are standard documents and the creditor doesn't have to keep a copy of the original that was sent to you.

Have you been sent the CCA documentation? This is a much more promising line of defence.

[wayne7]

Re: Notice of Assignemt

A copy of the credit agreement has been received with 2 copies of the T&C’s Also a statement of accounts with a couple of dodgy looking charges in the statements,


Would it reasonable to say the Agreement was illegible is it had a rubber stamp saying approved over some text.


I was under the impression that is notice is mentioned in the particulars, I could order to see the original documents at court namely the DOA.


Thanks

[Amethyst]

Re: Notice of Assignemt

Illegibility is at the time you signed the agreement, and is solved now by a reconstruction of the terms that appear on the agreement. The rubber stamp would have obscured the text after signing it - is it a received/executed stamp?

2 Copies of the T&Cs - is one from inception ( ie those you'd have had at the time of signing the agreement ) - and one from when abouts you defaulted on the account?

Cross reference any mention of T&C's in the original agreement copy with those in the attached T&Cs to ensure they are the correct ones that you would have had.

If notice of assignment is mentioned in the POC then yes you should ask for it in the CPR request - its very unusual for the deed of assignment to be mentioned.

[Sparkie1723]

Re: Notice of Assignemt

Have a read of Van Lyn Developments v Pelias Construction Ltd Appeal Court Ruling .......this is pertinent to Notices of Assignments and the types of Assignments.
www.designingbuildings.co.uk/wiki/assignment Van_Lynn_Developments_Ltd_v_P...
Common law and equity. There are four types of assignment: Statutory or legal assignments of legal choses in action. Statutory or legal assignments of equitable ...

Especially this extract
"In Bateman v Hunt, a valid notice was given by the executor of a deceased sub-assignee. In Herkules Piling Ltd and Another v Tilbury Construction Ltd, purported notice to the debtor by way of disclosure of documents in legal proceedings in which the debtor was a party, was considered to be insufficient notice of a legal or equitable" Sparkie

[charitynjw]

Re: Notice of Assignemt

Hi charitynjw

I am.

I did request a copy of the Deed of Assignment. The reply I received was

“You are not entitled to see the original assignment of your account. For the avoidance of any doubt the document you refer to as the Deed of Tripartite Novation does not exist”

Regards

@Amethyst can tell you about these! :bolt:

(But in the meanwhile, have a read of this - tripartite = 3 parties to the sale of the alleged debt)

[wayne7]

Re: Notice of Assignemt

@Amethyst can tell you about these! :bolt:

(But in the meanwhile, have a read of this - tripartite = 3 parties to the sale of the alleged debt)

"a novation is valid only with the consent of all parties to the original agreement"

Well I definitely did not consent.

Something just does not seem right....when i questioned the default notice, the reply I got was

"we don not hold a copy of the original Notice of Default, and I believe this will not be available to us. You are quite correct in saying that legal proceedings may not be commenced until a Notice of Default is given to you, to satisfy this requirement of the consumer credit act 1974 (as amended) a further Notice of Default is enclosed."

Thanks for your help.

[charitynjw]

Re: Notice of Assignemt

"a novation is valid only with the consent of all parties to the original agreement"

Well I definitely did not consent.

Something just does not seem right....when i questioned the default notice, the reply I got was

"we don not hold a copy of the original Notice of Default, and I believe this will not be available to us. You are quite correct in saying that legal proceedings may not be commenced until a Notice of Default is given to you, to satisfy this requirement of the consumer credit act 1974 (as amended) a further Notice of Default is enclosed."

Thanks for your help.

Could you post up a copy of this letter?

[wayne7]

Re: Notice of Assignemt

Could you post up a copy of this letter?

Yea no problem, I have edited the docs to hide my identity.

Any advice would be greatly appreciated.

Regards

[charitynjw]

Re: Notice of Assignemt

Yea no problem, I have edited the docs to hide my identity.

Any advice would be greatly appreciated.

Regards

Lol!

How was this letter sent to you (1st class, 2nd class, SignedFor etc)?
Did you keep the envelope?

[wayne7]

Re: Notice of Assignemt

Lol!

How was this letter sent to you (1st class, 2nd class, SignedFor etc)?
Did you keep the envelope?

I do have the envelope, It was sent 1st class small parcel.

The envelope in near tatters with the documents virtually falling out.

[charitynjw]

Re: Notice of Assignemt

I do have the envelope, It was sent 1st class small parcel.

The envelope in near tatters with the documents virtually falling out.

IMHO

S136 LoPA 1925 refers to 'thing in action' & a debt can be properly regarded as such.

136 Legal assignments of things in action.

(1)

Any absolute assignment by writing under the hand of the assignor (not purporting to be by way of charge only) of any debt or other legal thing in action, of which express notice in writing has been given to the debtor..............

I can't see anything about it having specifically to do with land or buildings, etc.

Also, see s196(4)

http://www.legislation.gov.uk/ukpga/...20/section/196

(But a good notice will remedy a bad one, so best not to mention this to them atm:tinysmile_twink_t2

[wayne7]

Re: Notice of Assignemt

Think I am going to keep stump from now on they have 3 months to start a claim otherwise it becomes statute barred.


And like you say a bad notice can be remedied by a good notice


Thanks for all the assistance. :tape:

[wayne7]

Re: Notice of Assignemt

Just reading the default notice I received from the PRA Group.

“On the document it states that you are in breach of condition 18.2 of your agreement which requires you must repay the balance of the account if the agreement has ended, to correct this you must repay the balance etc etc”

Now reading the 2 completely different T&C’s that were sent one does not have a section 18.2 included and the other which has cannot be the one I had when I took out the agreement, the agreement was signed early 1999, on the terms for additional cardholders it goes on about the Rights of Third Parties act which only came into force 11 November 1997.