WagedayAdvance, notice of assignment

[jon1965]

Hi
I had a payday loan with WDA a while ago. For various reasons I have been unable to pay this back and have just had a final response from them regarding a complaint. I have now escalated it to the BCCA as per their complaints policy, the main point is that they did not answer my complaint also I had asked them to communicate in writing and not email but they ignored that.
They issues a DN on 13/11/12 for 965.50 that was sent 2nd class and a remedy date of 27/11/12.

Today I received an email notice of assignment by email but not sure what type of NOA this is, sold completely, collections rights etc.
Is this legal and do I wait for my letter from motormouth finance before I respond?

Date : 08/12/12 YOUR REF : Agreement No : Amount Outstanding : £1,316.50 Dear Jon Account Sold to Debt Recovery Agency With reference to the above account which was previously held by WageDayAdvance Ltd, we write to you to inform you that your consumer credit agreement has been assigned to Motor Mile Finance UK Ltd. Motor Mile Finance UK Ltd now holds the legal rights to collect the outstanding debt under your consumer agreement. All sums owed are now legally payable to Motor Mile Finance UK Ltd and you have no ongoing relationship with WagedayAdvance Ltd. I would ask that all further correspondence regarding your account is addressed to: Motor Mile Finance UK Ltd, 83 Bradford Road, Protection house, Pudsey, Leeds, LS28 6AT Email: ascent@mmile.com Tel: 01274 631000 Fax: 0844 7709 647 All future communication should be made with Motor Mile Finance UK Ltd and any queries sent to Wage Day Advance will be passed onto them to deal with. We recommend that you contact them without delay to prevent any further action to your account. YOU MUST QUOTE YOUR AGREEMENT NUMBER IN ALL CORRESPONDANCE

[labman]

Re: WagedayAdvance, notice of assignment

Although it would appear they consider it to be an Assignment in Absolute, I am not aware that under section 196 of LoPA 1925 an assignment can be considered legally delivered by email (Case law Notices served under section 196 Law of Property Act 1925(LPA 1925) - EON UK Plc v Gilesports Limited [2012] EWHC 2172).

I think the NOA has to be sent by registered post or delivered by hand.

Hope this helps.

Have you complained to the OFT? Also, why the extra £350ish added - is there an explanation for this?

[jon1965]

Re: WagedayAdvance, notice of assignment

Hi Labman and thanks.
The complaint has not gone to the OFT or FOS yet, I am going through the process of their complaints procedure , so at stage 2 now. I received an email dated the same day as my DN but the email was for nearly 400 more than the DN. I asked for reasons in my letter and this has not been answered although they kindly! reduced it by £50.
The BCCA have received my complaint, will just have to wait to see if MMF send a proper notice ( I understand either party can send the official NOA)