Fraudulent debt collectors

[Guest]

*
A debt collecting firm say they have bought my alleged debt that was statute barred in November 2018. On their paperwork it says ‘over 6 years old’
It was apparently sold to them by Lloyds and I called them to see if they have sent me a notice of assignment (which I received on the same day I received the debt collector’s letter to say they had bought my alleged debt.) *Lloyds said they don’t send notices of assignment. To me it looks like a fraud on the part of the debt collection group as:
*a) they have a different way of addressing me
b)I have seen the Lloyds director signature before and it is bigger this time, so it looks like it has been lifted and
c) there is a series of consecutive numbers on the left side of both the Lloyds paperwork and the debt collectors, so it looks like it has been printed off at the same time.
Also I have asked them for the Deed of Assignment to see if they really are the owners. They sent me something with no date on the front, not enough signatures and my name or account number are not mentioned. Also there are a load of template letters enclosed with this ramshackle bunch of papers at the back, one being a template ‘notice of assignment’ from Lloyds
These debt collectors are crooks and I need to know what can I do about what to me looks like fraud please.
*

[luxardo]

https://www.actionfraud.police.uk/

[jaguarsuk]

A debt collecting firm say they have bought my alleged debt that was statute barred in November 2018. On their paperwork it says ‘over 6 years old’
It was apparently sold to them by Lloyds and I called them to see if they have sent me a notice of assignment (which I received on the same day I received the debt collector’s letter to say they had bought my alleged debt.) Lloyds said they don’t send notices of assignment.

This is good news for anyone being chased for a Lloyds debt, s.136 of the Law of Property Act 125 talks about the assignors obligation to send a notice and not the assignee. If the assignor doesn't send it the new owner have no proof they own it.

[luxardo]

This is good news for anyone being chased for a Lloyds debt, s.136 of the Law of Property Act 125 talks about the assignors obligation to send a notice and not the assignee. If the assignor doesn't send it the new owner have no proof they own it.

I'm pretty sure what Lloyds meant was that they don't send notices of assignment to the debtor, they will send them to the assignee though no doubt. Is there any legal obligation to send to the debtor before assigning ?

[Guest]

Thank you but I was asking about the fraudulence of what they have done and where to report it so it can be stopped. Action fraud don’t know what to do with it. Are there any other ideas please?

[Amethyst]

A debt collecting firm say they have bought my alleged debt that was statute barred in November 2018. On their paperwork it says ‘over 6 years old’
It was apparently sold to them by Lloyds and I called them to see if they have sent me a notice of assignment (which I received on the same day I received the debt collector’s letter to say they had bought my alleged debt.) Lloyds said they don’t send notices of assignment. To me it looks like a fraud on the part of the debt collection group as:
a) they have a different way of addressing me
b)I have seen the Lloyds director signature before and it is bigger this time, so it looks like it has been lifted and
c) there is a series of consecutive numbers on the left side of both the Lloyds paperwork and the debt collectors, so it looks like it has been printed off at the same time.
Also I have asked them for the Deed of Assignment to see if they really are the owners. They sent me something with no date on the front, not enough signatures and my name or account number are not mentioned. Also there are a load of template letters enclosed with this ramshackle bunch of papers at the back, one being a template ‘notice of assignment’ from Lloyds
These debt collectors are crooks and I need to know what can I do about what to me looks like fraud please.

The debt purchasers can send the notice of assignment on behalf of the original creditor. They are given authority to do so by the original creditor and often provided with the template.

Presumably you have informed the debt collection firm that you consider the debt to be statute barred?

Do you have concerns that the debt purchaser may not be authorised ? If so a complaint to the FCA would be in order - you can check the register here https://register.fca.org.uk/
*

[Guest]

Thank you Amethyst, But I was under the impression that section 136 of the*Law of Property Act 1925 says* that one must have had notice of the assignment in writing under the hand of the assignor. Otherwise anyone could start writing out to people and saying they bought abc or xyz debt with a copied signature on it and one has to pay them now.And section 196 says the notice must be sent by registered post.
This is of course my humble understanding; I am not a solicitor, which is why I am here and asking for help in this instance.

[MIKE770]

Ame is right and the practice has been going on for years

[jaguarsuk]

Thank you Amethyst, But I was under the impression that section 136 of theLaw of Property Act 1925 says that one must have had notice of the assignment in writing under the hand of the assignor. Otherwise anyone could start writing out to people and saying they bought abc or xyz debt with a copied signature on it and one has to pay them now.And section 196 says the notice must be sent by registered post.
This is of course my humble understanding; I am not a solicitor, which is why I am here and asking for help in this instance.

Off the top of my head s.196 contradicts itself, one paragraph allows the notice to be left at the place of residence or business while another talks about registered letter. Any challenge to the validity of service under one is always going to be challenged as being compliant under the other.

s.136 does talk about the assignors obligations, so you need to get in writing from Lloyds that they do not send NoA and whether they authorise debt purchasers to on their behalf.

I don't think if I were the CEO of a High Street bank I'd be wanting other companies writing to people on behalf of my bank, but it seems some aren't so bothered.

[Guest]

Off the top of my head s.196 contradicts itself, one paragraph allows the notice to be left at the place of residence or business while another talks about registered letter. Any challenge to the validity of service under one is always going to be challenged as being compliant under the other.

s.136 does talk about the assignors obligations, so you need to get in writing from Lloyds that they do not send NoA and whether they authorise debt purchasers to on their behalf.

I don't think if I were the CEO of a High Street bank I'd be wanting other companies writing to people on behalf of my bank, but it seems some aren't so bothered.

Thank you for this reply.I sent Lloyds an SAR and they are in the process of investigation