Deed Of Assignment "help"

[dave27]

this is the DOA that howard cohen sent me.

IS IT GOOD, OR NOT SO GOOD, OR JUST PURE CR4P









dave

[Caspar]

Re: Deed Of Assignment "help"

You're lucky to get your hands on the Deed, they rarely give these out. It's all fine EXCEPT I'm not sure how it can be given over and signed as received by the same person -ie- both signatures the same. My educated guess is that it is OK.

[dave27]

Re: Deed Of Assignment "help"

You're lucky to get your hands on the Deed, they rarely give these out. It's all fine EXCEPT I'm not sure how it can be given over and signed as received by the same person -ie- both signatures the same. My educated guess is that it is OK.

Mmmmm, quite a tricky one.

i have always thought that it may be a conflict of interest.

like me and you getting a divorce and using the same solicitor (:tinysmile_aha_t

dave

[Curlyben]

Re: Deed Of Assignment "help"

ROFLMAO !!

Well it would only serve a purpose if I ran out of toilet tissue.

So what's the back story ?

Oh yeah and since when do we use "Attorneys" in the UK

[dave27]

Re: Deed Of Assignment "help"

ROFLMAO !!

Well it would only serve a purpose if I ran out of toilet tissue.

So what's the back story ?

Oh yeah and since when do we use "Attorneys" in the UK

well "hello" ben (may i call you ben) and thankyou in advance for any assistance you may be able to halp me with.

"toilet tissue" (sounds promising)

"Attorneys" (aint they american)

"the back story" (Mmmm, ice cold beer time)

Breifly. (so i don't get pi$$ed)

GE MONEY (now santander) have accused me of defaulting on a credit card i have never had.

we went to court on the 12th may 2011.

judge said it was a shambles.





judge issued new orders (as above)

dave

[dave27]

Re: Deed Of Assignment "help"

doe's anybody know were i could find some good caselaw regarding assignments or drop me a few links as to were i could find it.

dave

[dave27]

Re: Deed Of Assignment "help"

Oh, and the reconstructed agreement they are using in court.





NO TERMS AND CONDITIONS
NO INCEPTION DATE

dave

[Curlyben]

Re: Deed Of Assignment "help"

For assignment you want to ref s136 and s196 of Law of Property 1925.
More about assignment here: Legal Beagles Consumer Forum

As for the recon'd agreement, with ref to Carey Vs HSBC, it must come from the date of inception including your address at that time as well as the inception T&C's and the current T&C.
Although a recon'd agreement is ONLY acceptable to satisfy a request under s78 of CCA and this is court action, a completely different kettle of fish. In that case the actual agreement and inception T&C should be produced.

Can I also assume that Cohens have completely ignored CPR as per normal and simply gone straight to court action without actually attempting settlement ??

[dave27]

Re: Deed Of Assignment "help"

For assignment you want to ref s136 and s196 of Law of Property 1925.
More about assignment here: Legal Beagles Consumer Forum

As for the recon'd agreement, with ref to Carey Vs HSBC, it must come from the date of inception including your address at that time as well as the inception T&C's and the current T&C.
Although a recon'd agreement is ONLY acceptable to satisfy a request under s78 of CCA and this is court action, a completely different kettle of fish. In that case the actual agreement and inception T&C should be produced.

Can I also assume that Cohens have completely ignored CPR as per normal and simply gone straight to court action without actually attempting settlement ??

yes you may assume. (correct)

with ref to s136 and 196, the judge didn't quite understand, he got very confused regarding the bit that refers to the postal service act 2000 and the recorded delivery act 1962, (wot a plonker).

the claimant tried to brain wash the judge regarding carey v hsbc, (it must be one of cohens master peices) but he held reservations on that point. however he was interested and i think if there claim was'nt such a shambles he might have been persuaded.

could the above agreement fall into the s127 scenario ????

dave

[Curlyben]

Re: Deed Of Assignment "help"

Basically s136 says that the Notice must be sent from the OC and not the DCA.
s196 says this must be via registered post to the last known address.
The refs to postal aact explains that recorded delivery replaces registered mail.

It is down to the DCA to PROVE that the correct notice was sent AND signed for by YOU.

Carey is quite simple and is ONLY concerned with requests made under CCA s78 (in this case) and NOT legal action.

As for s127, I can't comment as I can't read the posted document.
Firstly was this a web application as the stamp seems to point to ??

[dave27]

Re: Deed Of Assignment "help"

As for s127, I can't comment as I can't read the posted document.
Firstly was this a web application as the stamp seems to point to ??[/quote]

it certainly looks that way,

it looks like they have cut and pasted an agreement together and then stamped it afterwards with web application. this i find confusing because in the top right hand corner it clearly states ORIGINAL COPY 1 of 2.

looking at the agreement i have here, (just a tadd clearer). the agreement refers to an EDGE, RETAIL STORE CARD. so if they are saying that this retail store card is a credit card???? i would gladly like to add a bit more confusion

on page 2 af the above agreement there is a tick and the letter Y.

were the letter Y is it says

DO YOU WISH TO RECIEVE AN EDGE CARD?........Y (meaning YES)

:tinysmile_cry_t:

dave

[Angry Cat]

Re: Deed Of Assignment "help"

Very hard to read the document!
Were you served the correct cancellation rights by post, as is required with an on-line application?

[dave27]

Re: Deed Of Assignment "help"

Very hard to read the document!
Were you served the correct cancellation rights by post, as is required with an on-line application?

i was'nt served anything at anytime,

the first time i saw the above agreement was when they served the court bundle on the 8th april 2011.

dave

[dave27]

Re: Deed Of Assignment "help"

after searching the internet for hours on end, i have come across several peices of useful imformation.

a deed of assignment, provides for the transfer of anything from a gift to a multi million pound business.

An agreement to assign a contract, a ‘Deed of assignment’ allows one party (the assignor) to transfer ownership of something they own, to someone else (the assignee).

however , we are refering to a deed of assignment that provides for the transfer of benefits under a contract or contracts by the Assignor to an Assignee (who may or may not have paid for the assignment). which is usually called a "chose in action", which may be transferred, or assigned by the creditor to another person under s.136 of the Law of Property Act 1925.

what i have found to be very common in all kinds of deeds of assignments, is the way they must be completed to be compliant in english law.

the deed must be.

Written in plain English;

dated at the top;

All names and addresses need to be completed where requested in full;

enter the agreement and/or contract numbers, and if known, the dates of the agreement
and/or contract that is to be assigned;

All current owners (Assignors); of the agreement and/or contract must sign the Deed as the person(s) transferring the ownership

All new owners (Assignees); of the agreement and/or contract must sign the Deed as the person(s) accepting ownership

All signatures must be witnessed by an independent individual;

If you make a mistake as you complete the Deed, either sign your initials next to the changes or complete a new Deed.

dave

[Angry Cat]

Re: Deed Of Assignment "help"

i was'nt served anything at anytime,

the first time i saw the above agreement was when they served the court bundle on the 8th april 2011.

dave

Pre-contract information - The Office of Fair Trading

The EU Directive precedes the Distance Marketing Regs 2004, which of course could be of benefit.