Help Appreciated With Cabot

[Curlyben]

Re: Help Appreciated With Cabot

Cabot will say, and the OC will back them up, that there is an "agreeement" between themselves whereby Cabot are allowed to write and send the Goodbye letter, as well as their own "hello" letter.

In my book, that is nothing more than an attempt at Passing Off, although my bestest buddy Willum begs to differ. Well, he would, wouldn't he.

However, the OC is not actually required to send you anything to tell you that the account has been assigned. So I think that might be wasting too much energy to concentrate on.

Well actually, no..

(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, trustee or other person from whom the assignor would have been entitled to claim such debt or thing in action, is effectual in law (subject to equities having priority over the right of the assignee) to pass and transfer from the date of such notice—
(a)the legal right to such debt or thing in action;
(b)all legal and other remedies for the same; and
(c)the power to give a good discharge for the same without the concurrence of the assignor:
Provided that, if the debtor, trustee or other person liable in respect of such debt or thing in action has notice—
(a)that the assignment is disputed by the assignor or any person claiming under him; or
(b)of any other opposing or conflicting claims to such debt or thing in action;he may, if he thinks fit, either call upon the persons making claim thereto to interplead concerning the same, or pay the debt or other thing in action into court under the provisions of the Trustee Act, 1925.

But as ever why would Cabot let statute law get in their way

[LuggerBugs]

Re: Help Appreciated With Cabot

I stand corrected. So for Cabot to write the "goodbye" letter, renders the assignment ineffective too.

And they do.

So the assignment is not Absolute. Theoretically then, the OC needs to join the assignee in any action. Except, as Cabot's NOAs are BS, they don't have any right to sue at all.

[Curlyben]

Re: Help Appreciated With Cabot

Thought you might like that Lugger.

So here's some more

(1)Any notice required or authorised to be served or given by this Act shall be in writing.
(2)Any notice required or authorised by this Act to be served on a lessee or mortgagor shall be sufficient, although only addressed to the lessee or mortgagor by that designation, without his name, or generally to the persons interested, without any name, and notwithstanding that any person to be affected by the notice is absent, under disability, unborn, or unascertained.
(3)Any notice required or authorised by this Act to be served shall be sufficiently served if it is left at the last-known place of abode or business in the United Kingdom of the lessee, lessor, mortgagee, mortgagor, or other person to be served, or, in case of a notice required or authorised to be served on a lessee or mortgagor, is affixed or left for him on the land or any house or building comprised in the lease or mortgage, or, in case of a mining lease, is left for the lessee at the office or counting-house of the mine.
(4)Any notice required or authorised by this Act to be served shall also be sufficiently served, if it is sent by post in a registered letter addressed to the lessee, lessor, mortgagee, mortgagor, or other person to be served, by name, at the aforesaid place of abode or business, office, or counting-house, and if that letter is not returned by the postal operator (within the meaning of the Postal Services Act 2000) concerned] undelivered; and that service shall be deemed to be made at the time at which the registered letter would in the ordinary course be delivered.
(5)The provisions of this section shall extend to notices required to be served by any instrument affecting property executed or coming into operation after the commencement of this Act unless a contrary intention appears.
(6)This section does not apply to notices served in proceedings in the court.

[LuggerBugs]

Re: Help Appreciated With Cabot

Yup, they never send them registered. When they bother to send them at all, that is.

Again, all they would need to do though, is bang one off. Can't think why they never do.

Perhaps their system won't allow for it. And if it ain't in the script, it just doesn't happen. LOL

[Curlyben]

Re: Help Appreciated With Cabot

Isn't it great when a statute, that they themselves like to quote, comes back and bites them in the arse

[LuggerBugs]

Re: Help Appreciated With Cabot

Surely to heck, somebody could draft something a little better for the purposes of debt assignment. NOBODY does it properly.