Section 196 Law of Property Act 1925

[FORCEOFONE]

Over the last week i have been looking into the issue of Notice of Assignments and debts. Debts are assigned under the Law of Property Act 1925.

s.196 of the act stipulates that the notice has to be served by recordable mail, and if not returned, will be effectual as a legal assignment.

As soon as the assignment has then been confirmed by the debtor, the assignee then takes on the the rights of the original agreement.

From looking at posts, it is evident that the assignee of debts are not sending out the Notice of Assignment to the debtor by recordable mail. I believe the cost implication of this would be prohibitive to every one included in a debt portfolio.

So my question is:

How can an assignee of a debt then issue proceedings in a civil court against the debtor under contract, when that contract has not been actionable under law.

The LOP 1925 is statutory, no court can ignore it

[gravytrain]

Re: Section 196 Law of Property Act 1925

The requirement for the 196 notice to be sent via recorded mail was rescinded in a SI, i will look it up for you, (I know you like to see the proof, quite right to )

[FORCEOFONE]

Re: Section 196 Law of Property Act 1925

Thank you for reading my mind

I require notice from either a Statutory Instrument, or from a Case Law official source

[PlanB]

Re: Section 196 Law of Property Act 1925

The requirement for the 196 notice to be sent via recorded mail was rescinded in a SI, i will look it up for you, (I know you like to see the proof, quite right to )

I have never received a NOA by Recorded Mail - they come in the regular post. There's always a "Goodbye" letter from the original creditor and a "Hello" letter from the debt purchaser usually in the same envelope.

[FORCEOFONE]

Re: Section 196 Law of Property Act 1925

There is a lot of mis-information on various consumer web sites on this subject.
People say this and that, we all know what happens with these assignment notices, it is the correct procedure and the way they are used is what i am questioning

AS STATED:

Statutory Instrument or established Case law stating that s.196 LOP Act can no longer be used as a defence

No hearsay, no subjective opinion

Just established facts

[MIKE770]

Re: Section 196 Law of Property Act 1925

Notices

196Regulations respecting notices.

(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 [F196by 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.
Annotations:

[FORCEOFONE]

Re: Section 196 Law of Property Act 1925

So what is section 6

Where is the statutory instrument that amended S.196 LOP 1925

All i see is section 6, with nothing attached to it, it might have said anything

[leclerc]

Re: Section 196 Law of Property Act 1925

http://www.legislation.gov.uk/uksi/2...ragraph/7/made

F196 which is in the above quote from the Property Act refers you to the above...

[FORCEOFONE]

Re: Section 196 Law of Property Act 1925

Law of Property Act 1925

In section 196(4) of the Law of Property Act 1925(1) (regulations respecting notices) for the words “through the post-office” are substituted the words “by the postal operator (within the meaning of the Postal Services Act 2000) concerned”.

(1)1925 c. 20. Modified by section 49 of the Landlord and Tenant Act 1987 (c. 31.).

[MIKE770]

Re: Section 196 Law of Property Act 1925

Point = most refer to Tenancies etc, am looking further afield.

[FORCEOFONE]

Re: Section 196 Law of Property Act 1925

This still needs to be nailed down

I can still see no reason why S.196 LOP Act cannot still be used

Or am i missing something????

[MIKE770]

Re: Section 196 Law of Property Act 1925

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This is the original version (as it was originally made). UK Statutory Instruments are not carried in their revised form on this site.

(My Note:- reason we cannot find:-?)

Revenue Act 1898

6. In section 7(4) of the Revenue Act 1898(1) (amendment of section 9 of the Stamp Act 1891) for the words “Post Office Protection Act 1884” are substituted the words “Postal Services Act 2000”.(1)
1898 c. 46.

[FORCEOFONE]

Re: Section 196 Law of Property Act 1925

this still needs to be nailed down

i can still see no reason why s.196 lop act cannot still be used

or am i missing something????

Ditto still

All i see is an amendment to the Postal Services Act incorporated into the Law of Property Act 1925

Law of Property Act 1925. In section 196(4) of the Law of Property Act 1925(1) (regulations respecting notices) for the words “through the post-office” are substituted the words “by the postal operator (within the meaning of the Postal Services Act 2000) concerned”

AM I MISSING SOMETHING????

[gravytrain]

Re: Section 196 Law of Property Act 1925

As soon as the assignment has then been confirmed by the debtor, the assignee then takes on the the rights of the original agreement.

The SI i was referring to was the one that says that recorded post and registered post are the same thing so sorry to mislead.

http://www.legislation.gov.uk/ukpga/Eliz2/10-11/27

Where does the legislation say that the notice has to be confirmed by the debtor ?

(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 [


I doesnt say anything about the debtor having to acknowledge service as far as I can see

[FORCEOFONE]

Re: Section 196 Law of Property Act 1925

If the agreement/contract is silent as to how notice a notice of assignment should be served , the provisions of the LPA 1925 will prevail. Express notice, in writing, must be given to the borrower and either delivery evidenced (by Affidavit of Service) or sent by registered letter, and not returned, in order to be validly served in accordance with section 196 LPA 1925. If this is not done, the debtor can argue that they did not receive the notice and that the assignee has no right to bring an action against the borrower in its name.

If the original contract/ agreement states that the assignment notice can be made through the NORMAL postal service, IE First class post, the assignment will then be deemed as served.

Service by recordable mail will result in a signature by the debtor to confirm service. If that recorded postal item is then returned to the assignee, the debtor will not have been informed of service, and the assignment is then ineffectual in law until it has been acknowledged.