Deed/Notice of assignment

[Roland]

Re: Deed/Notice of assignment

The action related to Lord denning was a bit of a hobby horse of his. It really related to rights of third parties under a contract. Under common law a third party had no rights under a bilateral contract even though he may have been mentioned in it. So if for instance an agreement between the principles gave an income to someone who was not a signatory he was not entitled to sue.

This was changed in specific circumstances, mainly where the third party was specifically mentioned within the contract and could prove a contractual obligation exists, nothing really to do with the presentation of deeds in this context, not that this stops the FMOTL , has it ever.

The action resulted in the legislation mentioned and quoted earlier, which gives third parties some rights when losses are incurred, although still quite restrictive and under specific circumstances only .

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I am sure there was a question regarding assignments raised by someone, if I imagined it I apologize, still all knowledge is good I always say.

When i responded to your original point someone responded about lord denning so i responded to that.

[Roland]

Re: Deed/Notice of assignment

Roland
I think you missed the point completely. I am not the OP and nowhere was it said this was a defence. I said I believed the right to view it was there but I had neither the time nor money to take it through the court.
I also believe that it will be necessary for someone to do that in order to gain clarity.
I am not sure who's benefit you detailed the differences between an NOA and DOA for.
No one here is suggesting that a defence based purely on lack of DOA is a good idea.. I must say though that a few well placed letters to DCA's has kept them quiet for over a year

To add someone mentioned a case in this context which was rather due to NOE rather than deeds so i thought I would address that subject also, is there a problem ?

[MIKE770]

Re: Deed/Notice of assignment

would not like to try an rely on the old deed of assignment argument at court - sure to loose before it even got underway in reality and time wasted trying to defend on that element, letter notice of assignment yes! but I am sure it would end up no prospect of winning case? such an old Fotl theory not practical.

[jon1965]

Re: Deed/Notice of assignment

From unpicking the thread where this started I believe the OP there had asked for proof of right to collect. From their answer I think he had asked for the Deed.
I still see nothing to say it's not valid although I think it would take a long and expensive court battle to prove it.
As you know common law evolves which is one reason why fmotl fails, just one reason mind.
It was Nemesis who mentioned Denning which is odd as he has always taken the stance that the Deed was a non starter.
As I said, if I had a claim I would ask for it amongst other things but I have found the request useful in keeping creditors quiet

[Kati]

Re: Deed/Notice of assignment

Has anyone got a link to the Denning ruling? I've never seen it ...

[jon1965]

Re: Deed/Notice of assignment

I might have it somewhere. I will look

[jon1965]

Re: Deed/Notice of assignment

Van Lynn Developments v Pelias Construction Co Ltd [1968].PDF

Hope that works

Page 6

[Amethyst]

Re: Deed/Notice of assignment

http://www.legalbeagles.info/forums/...her-discussion

http://www.legalbeagles.info/forums/...gnment-of-Debt

http://www.legalbeagles.info/forums/...perty-Act-1925

Few older threads on this issue for ref.

Also some others in the list at the bottom of this thread...

• MBNA deed of assignment
  
  
• Deed of Assignment
  
  
  
  
• Deed of assignment of debt
  
  
• Deed of Assignment
  
  

[mystery1]

Re: Deed/Notice of assignment

Holwell Securities Ltd v Hughes - [1973] 2 All ER 476 allows for either party to send a notice of assignment. In that case it might be that somebody with no rights might just send a notice speculatively so it makes sense that you can see an actual deed.

There are currently 3 examples of companies suing on an apparently assigned debt on this very forum. (at least 87.5% assigned anyway). There is another case where the company who sent the assignment letter advising of assignment to someone else then sued and got a default judgement which means the defendant owes company 1 because the court has ruled and still owes the company who had the debt assigned to it. Why wouldn't you want to see the deed of assignment ?

M1

[jon1965]

Re: Deed/Notice of assignment

M1
That is a scary thought , maybe I will trawl through a few sites where people leave their personal details on letters and send fake NOA's if anyone has any names and addresses I can focus on just PM me :tinysmile_twink_t2:

Roland
I think I over reacted so sorry, I was ont buzz reading from my phone at the time and I am a grumpy sod at the best of times , far too many knobs in the world. This and the L.A are two subjects that I find fascinating and will debate until the cows come home

[Roland]

Re: Deed/Notice of assignment

M1
That is a scary thought , maybe I will trawl through a few sites where people leave their personal details on letters and send fake NOA's if anyone has any names and addresses I can focus on just PM me :tinysmile_twink_t2:

Roland
I think I over reacted so sorry, I was ont buzz reading from my phone at the time and I am a grumpy sod at the best of times , far too many knobs in the world. This and the L.A are two subjects that I find fascinating and will debate until the cows come home

No probls John caution is always the right thing when dealing with someone elses problems

[Roland]

Re: Deed/Notice of assignment

Holwell Securities Ltd v Hughes - [1973] 2 All ER 476 allows for either party to send a notice of assignment. In that case it might be that somebody with no rights might just send a notice speculatively so it makes sense that you can see an actual deed.

There are currently 3 examples of companies suing on an apparently assigned debt on this very forum. (at least 87.5% assigned anyway). There is another case where the company who sent the assignment letter advising of assignment to someone else then sued and got a default judgement which means the defendant owes company 1 because the court has ruled and still owes the company who had the debt assigned to it. Why wouldn't you want to see the deed of assignment ?

M1

In a case like that where the defence is centered around the legality of the NOE I suspect the court would want ot see it to.

The point is that as a third party there is no automatic right to see the document unless upon an order of the court, the deed is the property of both assignor and assignee.