Assignment - defence at court

[ruthles112]

Time to start a new thread I think. Having failed to get CCJ struck out with N244 application to compel disclosure using CPR31.14 because at the 99th hour Claimant had provided all they were obliged to, I'm now faced with submitting my defence in 28 days.
Can someone please clarify absolute assignment. I have no doubt that assignment to Arrow Global is absolute. It says "has assigned all of its respective rights, title and interest in respect of the amounts due under the above referenced account (including the right to receive payment of the outstanding balance) to.... They refuse to supply a copy of the Deed of Assignment.
So if it's absolute it comes under the Law of Property Act 1926 and the service of the notice of assignment is the key. I know (because they've admitted) that service of the NoA was by first class post and not as required by registered post.
Is this enough for me to get the claim struck out?
I do have a 2nd line of defence in that I sent a full and final settlement letter to original creditor long before the assignment but not registered so it may come down to my word against theirs.
Thoughts please folks.
Thanks.

[Kafka]

Re: Assignment - defence at court

As this is a new thread there is no clue as to what the CCJ was for or how the processes unfolded.

You won't get a Deed as that's commercial data, not personal. Who sent you the supposed NoA? Was it the creditor or the DCA?

When you say you sent a F&FS letter, do you mean that you offered a settlement that they rejected? If so, its not clear why you think this is important. Again, there is so little detail that its impossible to comment.

[FlamingParrot]

Re: Assignment - defence at court

I very much doubt that sending a NoA by 1st class post rather than recorded delivery will be enough of a defence! The important thing is that the NoA was sent to prove the debt was assigned in absolute. As far as I know, NoAs are usually sent by regular post. The one I got from1st Crud certainly was! Unlike DNs, no immediate action is required upon receipt of a NoA, they are just for information.

County Court claims are sent by regular post without requiring a signature, which is why so many are sent to an old address and default judgment is obtained without the defendant's knowledge. Yet that doesn't invalidate them.

[labman]

Re: Assignment - defence at court

Have a read of Page 71 of this:

http://www.bis.gov.uk/assets/BISCore...e-guidance.pdf

I wonder how this sits alongside the LPA?

[mystery1]

Re: Assignment - defence at court

As far as i can see there is no mention of methods of service in the link Labman has provided or in the CCA s82a. It is clear that the legislators knew of the existence of the LoPA and they have not changed anything with regards to service. As such i would contend that they still expect the service to be affected in the same manner as before i.e. s196 LoPA.

I still think more work needs done on the default notice and agreement as some Judges may glaze over the assignment.

M1

[PlanB]

Re: Assignment - defence at court

Would W F Harrison & Co Ltd vs Burke and another be of any help?

[ruthles112]

Re: Assignment - defence at court

Hi - sorry not to have got back to this before. My F&F letter to OC was sent together with cheque clearly stating that if cheque cashed they would be accepting my offer (back in June 2010) - used the wording recommended elsewhere. No correspondence that I know of from OC since that date but I've moved a couple of times. So I assume they ignored it. They did cash cheque but no rejection that I'm aware of.

[ruthles112]

Re: Assignment - defence at court

Thanks M1. I'll be getting on with defence next couple of days. Needs to be in by 5 March.
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[ruthles112]

Re: Assignment - defence at court

I've searched all over for a link to WF Harrison & Co. but can't find it. Do you have a link?
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[FlamingParrot]

Re: Assignment - defence at court

I've searched all over for a link to WF Harrison & Co. but can't find it. Do you have a link?
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See attached.

[ruthles112]

Re: Assignment - defence at court

Thanks - more info under my belt.
A few questions about default notices. The copy supplied after CPR31,14 request is dated 9 April. As far as I understand a DN must allow 14 clear days in which to remedy breach PLUS sufficient time for post ie 2 business days for 1st class but if the date of the notice is a Friday then an extra 2 days is required. Solicitor has confirmed 1st class post and 9 April was Friday so 9 +2 +2 +14 = 27 but DN is quite clear that to remedy breach payment must be received by 26 April. It also says if the action required is not taken BEFORE THE DATE SHOWN (ie by 25 April) then the further action set out below may be taken.....
Could these facts invalidate the DN?
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