Is this legal....?

A bit of a technical question here. Two parts to it:

1. Received a NOA from Arrow Global Guernsey Ltd this morning. The wording makes it look like an absolute assignment BUT omits the word duties. It is as follows: "Under an assignment agreement dated 21st September 2010, the respective rights, title and interest in the above account (including the right to receive payment of the outstanding balance) was further assigned by Everything Everywhere Ltd to Arrow Global Guernsey Ltd (AGGL).

What type of assignment do you think this is absolute or equitable?

2. It then goes on to say payments must be made to Frederickson International Ltd, Weybridge etc... As Arrow are offshore based in Guernsey, do they have the right to collect on the mainland? Do they have the right to collect through Fredericksons?

Any help much appreciated as always,

Caspar.

[Caspar]

Re: Is this legal....?

Got an answer to Q2.

PLEASE ANYONE - an answer to question 1. It makes a big difference as to which way I move forward!

Thanks,

Caspar

[Dunperfect]

Re: Is this legal....?

Just come across you post.

I am 99% certain that they assigne right and duties.
What is the possition at the moment.

[Caspar]

Re: Is this legal....?

TBH I've done nothing. The debt is months away from SB and I'm rather hoping it might go that way. I haven't heard from them again either.

I do know since then that loads and loads of these have been assigned in exactly the same way and I suspect they're dealing with the many who are paying up without a fight.

I appreciate this is debt avoidance in this case, but I'm waiting to be made bankrupt and this debt is too small for them to be able to do that, so I'd rather it be lumped in with the rest.

As many on the site know I was advised by CAB 4 years ago to wait until a creditor made me BK. However, despite them threatening it and me asking them to go ahead, they steadfastly refuse so I am trying to get together the £525 to do it myself now.

[Crispybacon]

Re: Is this legal....?

Hi Casp

How many months is it off SB?

IMO as you are looking to looking to declare yourself bankrupt I would just ignore the letter for now. As you have said yourself they have probably bought a load of accounts close to SB for pennies and are now looking to make a quick profit by threatening people who are not so aware of their rights.

If the letters start to get more threatening then start your delaying tactics with the usual 'prove it' letters, never acknowledging the debt.

If its literally a matter of months before its SB then you will either be bankrupt or the debt will be SB by then anyway.

Best

Crispy

[Caspar]

Re: Is this legal....?

Hi Crispy,

Thank you for that. Without looking it up it is 6 months maximum before it becomes SB. I'm taking the same attitude as you suggest, totally ignoring, and if they come chasing then I'll be on a go slow using delaying tactics.

The way I look at it is if the creditors had done what CAB said I'd not only be BK by now, but long since discharged and this debt would not be there.

The £400 odd they are demanding is a long way towards being able to BK myself, so if I had it to pay it would be put towards that rather than an Orange debt that was very dubiously sold to us in the first place.

[Garlok]

Re: Is this legal....?

All debts which were regulated by Statute subsequently sold on and assigned in absolute always carry to the purchaser the responsibilities and obligations contained within the original agreement (if a compliant one ever existed in the first place).

regards
Garlok

[Caspar]

Re: Is this legal....?

Yep, I'm well versed in assignments. The bit that puzzled me at the time in the wording was that while they mention the key word rights, they then go on to say along the lines of (including the ability to collect money against this debt) which hints at equitable more than absolute. Having read literally hundreds of cases since they are indeed absolute. Some people are being given a very hard time about this.