Notice of Assignemt

[wayne7]

Hi

What’s the latest on Notice of assignments. I have trawled through the web for a definitive answer.

You receive a court summons you do a CCA request asking for a copy of the Notice of assignment.

Who should this copy off assignment be from the original creditor or the DCA.

The reason I am asking is Aktiv Kapital apparently own a debt brought from Egg, Aktiv changes its name to PRA group, when I ask for a CCA & NOA request PRA send me a notice off assignment in the name Aktiv Kapital dated 2010 and a default notice dated last month giving me 28 days to pay.

Very confused and would love to hear from someone clear this up.

[ostell]

Re: Notice of Assignemt

Looks like PRA are trying to show that the debt is NOT statute barred by sending out a default notice.

[wayne7]

Re: Notice of Assignemt

The debt is not statured barred till july...

PRA group kindly sent me a letter to say they last received a payment july 2010.

its the notice of assignment I am unsure off.

Regard

[ostell]

Re: Notice of Assignemt

PRA group kindly sent me a letter to say they last received a payment july 2010.

And it is not unknown for DCA's to lie about payments received. Did they say how the payment was received and does it agree with your records?

[MIKE770]

Re: Notice of Assignemt

PRA Kindly (Never do they do anything Kindly) fleecers

[wayne7]

Re: Notice of Assignemt

And it is not unknown for DCA's to lie about payments received. Did they say how the payment was received and does it agree with your records?

Unfortunately on this occasion it does tally up with my records. :-(

[wayne7]

Re: Notice of Assignemt

PRA Kindly (Never do they do anything Kindly) fleecers

Curious to see what they are up to, it was quite a snotty letter i received but i need to know whether they need to supply a notice of assignment from Egg the original creditor.

They have already stated in there letter when i asked for the copy of the default notice that they did not have one nor would they be able to obtain one so thats why they issued me with a new one.

PRA group did to searches back in November for "debt purposes" there is no default notice logged.

[charitynjw]

Re: Notice of Assignemt

A Notice of Assignment can be given under the hand of the assignor.

LoPA 1925 s136

[wayne7]

Re: Notice of Assignemt

A Notice of Assignment can be given under the hand of the assignor.

LoPA 1925 s136

So am I right in saying that a DCA can issue a NOA and that will stand up in court, even though nothing was received from the OC

To create a legal assignment there must be a written document signed by the assignor. Signature by an agent would not appear to be sufficient. Any form of wording may be used provided there is a clear intention to make an absolute assignment. The assignment may be a document passing between the assignor and the assignee, or a written demand from the assignor to the debtor that the debtor pays or discharges his obligations to the assignee. In the latter case, in order to be an effective assignment rather than merely an authority to pay a third party, there must be evidence that the assignee consented to the arrangement between the assignor and the debtor


In Van Lynn Developments Ltd v Pelias Construction Co Ltd P's bank overdraft was paid off by Van Lynn in consideration of P assigning the debt to Van Lynn. The assignment was dated 26 June. By a letter dated 27 June, Van Lynn demanded payment from P. In their letter Van Lynn stated, incorrectly, that notice of the assignment had previously been given to P. The court held that a notice of assignment was still good notice to the debtor even though it did not refer to the date of the assignment. Further, as regards Van Lynns letter dated 27 June, the incorrect statement as to a notice could be ignored as 'an inaccurate surplusage' and it was immaterial that the letter was not written with the intention that it should perform the function of giving notice under the Act. It is not necessary for the notice to the debtor to be given by the assignor or the assignee; it may be given by a third party. 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 assignment.

[charitynjw]

Re: Notice of Assignemt

So am I right in saying that a DCA can issue a NOA and that will stand up in court, even though nothing was received from the OC

To create a legal assignment there must be a written document signed by the assignor. Signature by an agent would not appear to be sufficient. Any form of wording may be used provided there is a clear intention to make an absolute assignment. The assignment may be a document passing between the assignor and the assignee, or a written demand from the assignor to the debtor that the debtor pays or discharges his obligations to the assignee. In the latter case, in order to be an effective assignment rather than merely an authority to pay a third party, there must be evidence that the assignee consented to the arrangement between the assignor and the debtor


In Van Lynn Developments Ltd v Pelias Construction Co Ltd P's bank overdraft was paid off by Van Lynn in consideration of P assigning the debt to Van Lynn. The assignment was dated 26 June. By a letter dated 27 June, Van Lynn demanded payment from P. In their letter Van Lynn stated, incorrectly, that notice of the assignment had previously been given to P. The court held that a notice of assignment was still good notice to the debtor even though it did not refer to the date of the assignment. Further, as regards Van Lynns letter dated 27 June, the incorrect statement as to a notice could be ignored as 'an inaccurate surplusage' and it was immaterial that the letter was not written with the intention that it should perform the function of giving notice under the Act. It is not necessary for the notice to the debtor to be given by the assignor or the assignee; it may be given by a third party. 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 assignment.

Hi wayne7

See above in red

The case will turn on it's facts.
In your particular case, who exactly is the DCA, the assignor, the assignee or a third party debt collector?

[wayne7]

Re: Notice of Assignemt

Hi charitynjw

Think i understand what your saying, PRA are now the assiginee no longer the DCA,

Do i have i the right to see the actual assignment from the assignor to the assignee..


Regards

[charitynjw]

Re: Notice of Assignemt

Hi charitynjw


Think i understand what your saying, PRA are now the assiginee no longer the DCA,


do i have i the right to see the actual assignment to the assiginee..


Regards

Hi wayne7

Are you trying to ascertain a 'provenance'?

Imho, even if you did get to see a DoA, it would probably be a heavily redacted document which would be of little or no value.

& a 'good' notice will remedy a bad/non-existent one.

If you want to challenge the NoA, I would suggest that you familiarise yourself with s196(4) Law of Property Act 1925

But again, a 'good' notice will remedy a bad one; don't do their job for them! :tinysmile_twink_t2:

[wayne7]

Re: Notice of Assignemt

Hi wayne7

Are you trying to ascertain a 'provenance'?

Imho, even if you did get to see a DoA, it would probably be a heavily redacted document which would be of little or no value.

& a 'good' notice will remedy a bad/non-existent one.

If you want to challenge the NoA, I would suggest that you familiarise yourself with s196(4) Law of Property Act 1925

But again, a 'good' notice will remedy a bad one; don't do their job for them! :tinysmile_twink_t2:

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

[MIKE770]

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

FOTL dribble

[wayne7]

Re: Notice of Assignemt

FOTL ....is that a definition for "Fall of the toilet Laughing" or "Fruit of the Loom"