Anyone REALLY good on Assignment Law

[The Tinkerman]

Hi All

Cut a long story short here had two DCA bought my old CCJ Of 10 years still payin & up-to-date with all my payments 2nd DCA now taken me back to Court earlier this year to be substituted as new claimant even though they bought the debt 8 years ago! and got the order due to only giving me one working days Notice of their Application and witness statement before the hearing thus giving me no time to form a defence and now they are going for a variation order!!!

In their witness statement it is stated that my debt had been sold to the 1ST DCA in November 01 (WHICH I NEW NAFF ALL ABOUT) then it was sold onto the current and 2ND DCA to which I did receive a copy of their assignment back in August 03 and it also stated on the witness statement that on EACH occasion a copy of the assignments has been sent to me at my home address which has never changed.

I have since sent a CPR31.16 Request to the 2nd DCA for a copy of the first assignment notice that they state that I have received from the 1st DCA.

They have since replied to me stating that as they were not party to the first assignment they do not have a copy of the Notice of Assignment that was called sent to me, yet they have sent me just about every other document appertaining to the first assignment and sale .

Had a feeling they would struggle to find it as I never received one that's why!
as I keep all my documents even post judgement ones.

Question is: going off the LOP Act 1925 sec 136 & 196 if you do not receive a copy of the Notice of Assignment then it is dead in the water so to speak and also you would have thought that when the 2nd DCA bought this debt off the 1st one that they would have had to be given a copy of the first Notice of Assignment to prove everything from the 1st sale had been done legally?

Begs the question should this 2nd DCA have been allowed to buy this debt under the circumstances and how can they quote in their Witness statement "that on EACH occasion a copy of the assignments has been sent to me at my home address which has never changed" WHEN THEY HAVE NOT GOT A COPY OF IT?


What are your thoughts on this please as I have to go back to Court after Christmas to state my case.

[WendyB]

Re: Anyone REALLY good on Assignment Law

Have you not already posted these questions in your other thread? http://www.legalbeagles.info/forums/...ad.php?t=25045

If so can a team member merge the two threads please? Thanks

[Amethyst]

Re: Anyone REALLY good on Assignment Law

The DoA is the legal bit, the NoA is just to inform the debtor (they are legally obliged to inform you of the assignment) but the NoA on its own doesn't make it legal.

Have you got the DoA from the first assignment ?

[The Tinkerman]

Re: Anyone REALLY good on Assignment Law

Hi Wendy B

have done in a roundabout way but getting bogged down by asking to many questions about different scenarios on one thread.

Felt I needed to split it up so I could just concentrate on one topic rather than trying to get every scenario coved in one thread.

Hi Ame

When I asked the now DCA Merit Finance Limited to provide me with a copy of the NOA which in there witness statement they stated I had received a copy from the 1st DCA Orion Asset Finance Ltd/ ICF Loans all they sent to me was a copy of the sale yes most likely it is the DOA which also had the figure of the sale blanked out surprise surprise not!

But before this witness statement materialised last December I knew nothing about this first sale which is going back to November 01.

Fair enough I may have a copy of the DOA now minus the figure that they bought it for even though I asked them to reveal that ( which I know only the Court can ask them to reveal)
but though it was worth a try.

But as you pointed out the NoA is just to inform the debtor (they are legally obliged to inform you of the assignment)

Well they never did and never have done so how can Merit put in there witness statement that I received a copy of the first assignment which like you said would be a NoA and not a DoA anyway when they have not got a copy themselves.

So without informing me via a NoA when the debt was bought back in 2001 then according to the LOP Act 1925 sec 136 & 196 then it is void dead in the water so to speak and therefore how has Merit managed to buy this Debt without having a Copy of the NoA from the previous DCA that was called sent to me to prove that I had received a NoA and everything from the first sale had been done legally WHICH QUITE OBVIOUSLY IT HAS NOT.

not only that if the first DCA or the Second DCA bought the debt for less than the full amount owed at the time then it is therefore not an absolute assignment I think! sure I have read that under the LOP Act as well, no wonder they do not want to disclose how much they bought it for!

and can you honestly see a DCA buying a debt for the full amount.