Deed of assignment of debt

[Joemarket]

I am confused and need help please. I wrote to a DCA requesting for a deed of assignment for a debt that I am currently paying back. The DCA had obtained earning order and are collecting money they claim they had bought from the original creditor. first I do not agree with the amount and secondly they have refused legal responsibility for the PPI included in the amount. In response to my letter, they sent a copy of the credit agreement but not the deed of assignment claiming they have no obligation to provide this even though this was referred to the witness statement they presented to the court.

I wonder if this is right. I have not sure which aspect of the CCA 1974 deals with this. Help please.

[Pinky69]

Re: Deed of assignment of debt

Only a court has a lawful right to see a Deed of Assignment, which is a list of a number of sale transactions, of which your debt is only one. What you want is a Notice of Assignment, which is proof from the creditor that they have sold the debt on, and which they should have sent to you. Your argument with the DCA is that you did not receive a Notice of Assignmet from the creditor and there is therefore no proof that the DCA has any lawful right to collect the ALLEGED debt.

When they do produce the required Notice, make a CCA request for a copy of the agreement if you have not already done so. Would you pay me just because I said you owed me money without any proof? You should get the agreement, the Terms and Conditions and a statement of account. If the agreement is not lawful or the statement of account is not correct then go back to court and ask for the earnings order to be removed. If you are going to argue on the grounds of how much is owed, make sure you know why what they are asking you for is wrong.

[pos]

Re: Deed of assignment of debt

Does anyone know, 100%, if a Deed of Assignment MUST be sent by recorded post??

I have spent lots of time looking for a definative on this but to be honest I am still no wiser.

Any info would be appreciated. Thanks

Pos
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Sorry, I meant a Notice of Assignment. Duh!!

[Curlyben]

Re: Deed of assignment of debt

As per LoP 1925 s136 and s196 yes.

Read more here: Debt purchasing and assignment - Legal Beagles Consumer Forum

[pos]

Re: Deed of assignment of debt

Thank you for your response CurlyBen.

I was fairly sure that was the case (I had previously printed out your excellent guide to Notice of Assignment. I just wanted to double check that there hadn't been any amendments made.

I should of known better really, as I know that you guys are No 1 at updates and amendments!!

One more quick question. Can the creditor backdate a NOA if I tell them there is no assignment?

I never recieved a Notice of Assignment from OC or DCA and there is nothing on the very comprehensive SAR response from them.

All it shows is 'Account sold??