• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

Deed Of Assignment "help"

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • #31
    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.
    Is no longer here

    Comment


    • #32
      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

      Comment


      • #33
        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

        Comment


        • #34
          Re: Deed Of Assignment "help"

          Originally posted by Sparkie1723 View Post
          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

          Comment


          • #35
            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

            Comment


            • #36
              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.

              Comment


              • #37
                Re: Deed Of Assignment "help"

                Originally posted by The Debt Star View Post
                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

                Comment


                • #38
                  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...

                  Comment


                  • #39
                    Re: Deed Of Assignment "help"

                    Originally posted by Curlyben View Post
                    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

                    Comment


                    • #40
                      Re: Deed Of Assignment "help"

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

                      dave

                      Comment


                      • #41
                        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)*
                        Attached Files
                        Last edited by charitynjw; 12th September 2011, 11:47:AM.
                        CAVEAT LECTOR

                        This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                        You and I do not see things as they are. We see things as we are.
                        Cohen, Herb


                        There is danger when a man throws his tongue into high gear before he
                        gets his brain a-going.
                        Phelps, C. C.


                        "They couldn't hit an elephant at this distance!"
                        The last words of John Sedgwick

                        Comment


                        • #42
                          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.
                          Attached Files

                          Comment


                          • #43
                            Re: Deed Of Assignment "help"

                            Originally posted by charitynjw View Post
                            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.

                            Comment


                            • #44
                              Re: Deed Of Assignment "help"

                              Yep - have already amended post
                              CAVEAT LECTOR

                              This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                              You and I do not see things as they are. We see things as we are.
                              Cohen, Herb


                              There is danger when a man throws his tongue into high gear before he
                              gets his brain a-going.
                              Phelps, C. C.


                              "They couldn't hit an elephant at this distance!"
                              The last words of John Sedgwick

                              Comment


                              • #45
                                Re: Deed Of Assignment "help"

                                Originally posted by Curlyben View Post
                                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

                                Comment

                                View our Terms and Conditions

                                LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

                                If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


                                If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.
                                Working...
                                X