Deed Of Assignment "help"

[WendyB]

Re: Deed Of Assignment "help"

Who?

and whoever he is, I have no idea why he didn't. But I did. Although the vicar at my parish church told me to go away and never darken his doors - and that was only when I asked to have the banns posted! Fortunately the Vicar at the parish church in the area we had just bought a house in was much nicer.

[dave27]

Re: Deed Of Assignment "help"

THE LAW OF PROPERTY ACT 1925

　
74 Execution of instruments by or on behalf of corporations.

(1) In favour of a purchaser an instrument shall be deemed to have been duly executed by a corporation aggregate if a seal purporting to be the corporation's seal purportsto be affixed to the instrument in the presence of and attested by.

(a) two members of the board of directors, council or other governing body of the corporation,

or

(b) one such member and the clerk, secretary or other permanent officer of the corporation or his deputy.

(1A) Subsection (1) of this section applies in the case of an instrument purporting to have been executed by a corporation aggregate in the name or on behalf of anotherperson whether or not that person is also a corporation aggregate.

(1B) For the purposes of subsection (1) of this section, a seal purports to be affixed in the presence of and attested by an officer of the corporation, in the case of an officer which is not an individual, if it is affixed in the presence of and attested by an individual authorised by the officer to attest on its behalf.

(2) The board of directors, council or other governing body of a corporation aggregate may, by resolution or otherwise, appoint an agent either generally or in any particular case, to execute on behalf of the corporation any agreement or other instrument (which is not a deed) in relation to any matter within the powers of the corporation.

(3) Where a person is authorised under a power of attorney or under any statutory or other power to convey any interest in property in the name or on behalf of a corporation sole or aggregate, he may as attorney execute the conveyance by signing the name of the corporation in the presence of at least one witness who attests the signature, and such execution shall take effect and be valid in like manner as if the corporation had executed the conveyance.

(4) Where a corporation aggregate is authorised under a power of attorney or under any statutory or other power to convey any interest in property in the name or on behalf of any other person (including another corporation), an officer appointed for that purpose by the board of directors, council or other governing body of the corporation by resolution or otherwise, may execute the instrument by signing it in the name of such other person or, if the instrument is to be a deed, by so signing it in the presence of a witness who attests the signature; and where an instrument appears to be executed by an officer so appointed, then in favour of a purchaser the instrument shall be deemed to have been executed by an officer duly authorised.

(5) The foregoing provisions of this section apply to transactions wherever effected, but only to deeds and instruments executed after the commencement of this Act, except that, in the case of powers or appointments of an agent or officer, they apply whether the power was conferred or the appointment was made before or after the commencement of this Act or by this Act.

(6) Notwithstanding anything contained in this section, any mode of execution or attestation authorised by law or by practice or by the statute, charter, articles], deed of settlement or other instrument constituting the corporation or regulating the affairs thereof, shall (in addition to the modes authorised by this section) be as effectual as if this section had not been passed.

DAVE

[Sparkie1723]

Re: Deed Of Assignment "help"

Nicely put dave 27................I say you are dead right................but I'm just an old pensioner who most people say are in the twilight zone more often than not:crazy:

Sparkie

[dave27]

Re: Deed Of Assignment "help"

Nicely put dave 27................I say you are dead right................but I'm just an old pensioner who most people say are in the twilight zone more often than not:crazy:

Sparkie

hey sparkie,

nothing wrong with the twighlight zone:tung:

dave

[dave27]

Re: Deed Of Assignment "help"

well just an update on this one.

i "LOST"

the judge said that the LAW OF PROPERTY ACT 1925 SECTION 136 was complied with
but the LAW OF PROPERTY ACT 1925 SECTION 196 had no bearing on debt, it is only relevent to property,?????????

should i appeal (error on law).

dave

[The Debt Star]

Re: Deed Of Assignment "help"

without wishing to state the obvious - 'cos I'm probably wrong - isn't a debt owed to someone an asset belonging to them like any other?

thx for the update m8. also for posting up tha very interesting deed of assignment.

[dave27]

Re: Deed Of Assignment "help"

without wishing to state the obvious - 'cos I'm probably wrong - isn't a debt owed to someone an asset belonging to them like any other?

thx for the update m8. also for posting up tha very interesting deed of assignment.

your welcome. and thankyou

i'm still a bit gob smacked in that she was quite willing to accept LOPA 1925 s136 was correct and s196 only reffered to property and mortgages. and she was'nt even willing to look at s74,

dave

[Curlyben]

Re: Deed Of Assignment "help"

How the hell can he say s136 was complied with, when it clearly wasn't !!!

Did he make any comment about the fact BOTH signatures where the same !!!
And incorrectly referenced to boot..

s196 describes how s136 is to be conducted.

Head Desk...

[dave27]

Re: Deed Of Assignment "help"

How the hell can he say s136 was complied with, when it clearly wasn't !!!

Did he make any comment about the fact BOTH signatures where the same !!!
And incorrectly referenced to boot..

s196 describes how s136 is to be conducted.

Head Desk...

"SHE" did mention i had raised several issues that needed addressing, but turned a blind eye to the issues i had raised.

it was one of those cases that we refer to as "PRE DETERMINED"

i also informed her that i was appealing her decision, she informed me that i had 14 days in which to do so??????????

dave

[dave27]

Re: Deed Of Assignment "help"

can anybody point me in the direction of any case law regarding assignments.

dave

[charitynjw]

Re: Deed Of Assignment "help"

Any use?

http://www.bis.gov.uk/assets/biscore/consumer-issues/docs/c/10-1053-consumer-credit-directive-guidance.pdf

Sect 16

Link doesn't seem to work, so I've attached a file.

*Oops - just noticed that this only applies after 1st Feb 2011, & to some extent to open-ended agreements before that date (see section 3)*

[Curlyben]

Re: Deed Of Assignment "help"

Dug this out from another case

For the assignment to fall within the Law of Property Act 1925 there must be notice of assignment served upon the Defendant. The Claimant has failed to provide notice of assignment to my client and have also failed to provide this documentation when requested. If the amounts claimed to have been assigned are incorrect within the notice or (if stated on the notice of assignment) the date of assignment is incorrect, then the assignment is defective and the Claim should fail as set out in W F Harrison & Co Ltd v Burke and another - [1956] 2 All ER 169.

[Nibbler]

Re: Deed Of Assignment "help"

Any use?

Sect 16

Link doesn't seem to work, so I've attached a file

Only applies to assignments made after February 2011.

So wasn't in force back in April 2010 when this one was allegedly made.

[charitynjw]

Re: Deed Of Assignment "help"

Yep - have already amended post

[dave27]

Re: Deed Of Assignment "help"

Dug this out from another case

good and useable to some extent, but iam i little cautious in regard to the lack of detail regarding the "proof of service" element.

dave