Legal assignments

[Algee]

Can a debt be absolutely assigned if the OC did not issue a Default Notice or if they did and the DN is invalid - for whatever reason?

Alan

[QCKate]

Re: Legal assignments

Can a debt be absolutely assigned if the OC did not issue a Default Notice or if they did and the DN is invalid - for whatever reason?

Alan

Thats a question i had as well. Can anyone advise on this?

QCK

[The Tinkerman]

Re: Legal assignments

Speaking from my own personal experience I think you would be on a sticky wicket if you used that argument/defence in court.


Personally you both have a valid point!


But I did not even received a copy of my absolute assignment from either the OC or the DCA whom bought the debt even thought I have sent a CPR31.14 legal request for a copy of the assignment and the figure that it was bought, furthermore even though the Law Of Properties Act 1925 sec 136 & 196 states otherwise I have so far failed to convince the Judge that this assignment is therefore not legal.



Unfortunately I have read so many posts recently where basically the Judge has either ignored what the defendant has had to say, even when the law states otherwise, not give you the opportunity to fully state your case, or just wants to get it over and done with asap with 99% of the time the Claimant coming out on top when it seems unjustified using let’s just say (TACTICS) and from the experience I have had so far I get that gut feeling as well.

[Caspar]

Re: Legal assignments

Have a look at Curly Ben's sticky on Assignments at the top of this page - it sets it all out very plainly.

[pos]

Re: Legal assignments

Hello all
I also have a question about debt assignment: Does the debt assignment still need the signature of both parties eg the OC and the DCA they have assigned the debt to? I ask because I read somewhere that now only one signature is required. Is this true, or has someone given me duff information?


Also on 23 August I CCA'd CAP 1
They sent me a letter on 01/08/2010 Saying:- We have reviewed your Account Records and have already complied with your request... we confirm 19th August we sent you a copy of your current agreement and we also sent you a copy of your reconstituated agreement inclusive of the scanned signature page of this original agreement......'

In fact I have had nothing from them.

Do I sit tight and do nothing or should I contact them? Any advice appreciated. Thanks

[Caspar]

Re: Legal assignments

Hello all
I also have a question about debt assignment: Does the debt assignment still need the signature of both parties eg the OC and the DCA they have assigned the debt to? I ask because I read somewhere that now only one signature is required. Is this true, or has someone given me duff information?


Also on 23 August I CCA'd CAP 1
They sent me a letter on 01/08/2010 Saying:- We have reviewed your Account Records and have already complied with your request... we confirm 19th August we sent you a copy of your current agreement and we also sent you a copy of your reconstituated agreement inclusive of the scanned signature page of this original agreement......'

In fact I have had nothing from them.

Do I sit tight and do nothing or should I contact them? Any advice appreciated. Thanks

I would send off the Prove It letter. It provides a very strong start to combatting DCA's. It's in Curlyben's template letters under stickys in DCA's.

[pos]

Re: Legal assignments

Thanks Casper. I will do a 'prove it' letter off at the weekend and post back when (if) I get a reply from Cap1.

Any idea if Notice of Assignment needs both signature's ie OC and company that they assigned the debt to? Cheers