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Hi all
Has anyone out there had success in a court with the creditor not issuing a NOA as I have a hearing coming up soon and need to know some hard facts ,
I Know I have mentioned some of these points in past threads but as yet I don't seem to have a definitive answer.
Cut a long story short had a CCJ with OC whom then unbeknown to me sold the debt to first DCA but I never received a NOA, and then it was sold on to second DCA whom did send me a NOA.
Problem being is the second DCA has taken me back to court 1, to be substituted as the new claimant and 2, to try and get the original judgement varied and in their witness statement have named the first DCA who bought the debt from the OC and have stated that a Notice of Assignment on each occasion was sent to the defendant at his last know address.
Which is clearly not the case as I have lived at the same address since the CCJ and up to this witness statement being produced by the now claimant I knew absolutely nothing about the first sale of my CCJ nor did I receive any such NOA from the first DCA
.
I have asked the now Claimant now 3 times including a CPR 31.14 request to disclose this first NOA that they claim that I received in their witness statement from the first DCA whom bought the CCJ yet all that they have sent twice now is a copy of the Deed of Assignment from the first sale which is about 20 pages long but NO copy of the Notice of Assignment included.
But in the now claimants own DOA they have a copy of their NOA included and wait for it the reason they gave for not providing me with a copy of the first sale NOA was that “as the now claimant was not a party to this assignment my client is not in possession of any assignment notices that were sent at the time” (so if that was the case why say in their witness statement that I had received one then)?
Thing is I have read so many different threads regarding the laws on absolute assignments LPA act 1925 sec 136 and 196, also whether or not this case should have been referred back to Court when the OC sold it to the first DCA but I need hard FACTS here if I am to challenge these matters.
According to the LPA act 1925 sec 136 and 196 If no NOA sent to the defendant then it is not valid or absolute therefore should this not have gone back to the Original Creditor and secondly the now Claimant / DCA whom bought this debt from the first DCA should they not have had a copy of the first NOA that they claim was sent to me in their witness statement included in the DOA from the first DCA before they actually bought it to prove that everything had been done legally and that I had received the NOA from the first sale as surely if the defendant has not received a NOA then it is not the first DCA to sell nor is it the second DCA to buy.
Also I have read that an absolute assignment is one that transfers the assignors entire interest to the assignee unconditionally, If less than his entire interest ( eg part of the debt) is transferred, or if any condition is attached to the transfer (eg that the consent of a third party be obtained) the assignment is not absolute hence why I also asked the now claimant via a CPR31.14 request to disclose to me with the figure which they bought this debt for as I cannot see a DCA buying a debt for the entire interest can you and in both DOA sent the figure is blanked out.
Have I got a case or not and is it worth pursuing.
Any HARD evidence would be much appreciated.
Unfortunately I have read so many posts recently where basically the Judge has either ignored what the defendant has had to say, even when the law states otherwise, not give you the opportunity to fully state your case, or just wants to get it over and done with asap with 99% of the time the Claimant coming out on top when it seems unjustified using let’s just say (TACTICS) and from the experience I have had so far I get that gut feeling as well.
Has anyone out there had success in a court with the creditor not issuing a NOA as I have a hearing coming up soon and need to know some hard facts ,
I Know I have mentioned some of these points in past threads but as yet I don't seem to have a definitive answer.
Cut a long story short had a CCJ with OC whom then unbeknown to me sold the debt to first DCA but I never received a NOA, and then it was sold on to second DCA whom did send me a NOA.
Problem being is the second DCA has taken me back to court 1, to be substituted as the new claimant and 2, to try and get the original judgement varied and in their witness statement have named the first DCA who bought the debt from the OC and have stated that a Notice of Assignment on each occasion was sent to the defendant at his last know address.
Which is clearly not the case as I have lived at the same address since the CCJ and up to this witness statement being produced by the now claimant I knew absolutely nothing about the first sale of my CCJ nor did I receive any such NOA from the first DCA
.
I have asked the now Claimant now 3 times including a CPR 31.14 request to disclose this first NOA that they claim that I received in their witness statement from the first DCA whom bought the CCJ yet all that they have sent twice now is a copy of the Deed of Assignment from the first sale which is about 20 pages long but NO copy of the Notice of Assignment included.
But in the now claimants own DOA they have a copy of their NOA included and wait for it the reason they gave for not providing me with a copy of the first sale NOA was that “as the now claimant was not a party to this assignment my client is not in possession of any assignment notices that were sent at the time” (so if that was the case why say in their witness statement that I had received one then)?
Thing is I have read so many different threads regarding the laws on absolute assignments LPA act 1925 sec 136 and 196, also whether or not this case should have been referred back to Court when the OC sold it to the first DCA but I need hard FACTS here if I am to challenge these matters.
According to the LPA act 1925 sec 136 and 196 If no NOA sent to the defendant then it is not valid or absolute therefore should this not have gone back to the Original Creditor and secondly the now Claimant / DCA whom bought this debt from the first DCA should they not have had a copy of the first NOA that they claim was sent to me in their witness statement included in the DOA from the first DCA before they actually bought it to prove that everything had been done legally and that I had received the NOA from the first sale as surely if the defendant has not received a NOA then it is not the first DCA to sell nor is it the second DCA to buy.
Also I have read that an absolute assignment is one that transfers the assignors entire interest to the assignee unconditionally, If less than his entire interest ( eg part of the debt) is transferred, or if any condition is attached to the transfer (eg that the consent of a third party be obtained) the assignment is not absolute hence why I also asked the now claimant via a CPR31.14 request to disclose to me with the figure which they bought this debt for as I cannot see a DCA buying a debt for the entire interest can you and in both DOA sent the figure is blanked out.
Have I got a case or not and is it worth pursuing.
Any HARD evidence would be much appreciated.
Unfortunately I have read so many posts recently where basically the Judge has either ignored what the defendant has had to say, even when the law states otherwise, not give you the opportunity to fully state your case, or just wants to get it over and done with asap with 99% of the time the Claimant coming out on top when it seems unjustified using let’s just say (TACTICS) and from the experience I have had so far I get that gut feeling as well.
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