What Exactly should a Deed of Assignment Contain??

[Darren104]

Can some one confirm that this is the correct meaning....

Deeds of assignments are a single issue instrument. One deed of assignment for one debt. They should contain the name of the creditor, name of the buyer and name of the debtor. It should be signed by both creditor and buyer and witnessed at the time of signing on the day the deed was assigned From the original creditor.

The dca have just sent me, what they call a deed of assignment containing my details and blotched out details of several debts they must have bought including mine. They say this is the extract from the deed of assignment.

They sent me the sale agreement between varde and mbna document called the card receivables.
Is this the deed of assignment? Very confusing.

[warwick65]

Re: What Exactly should a Deed of Assignment Contain??

If it is an extract it can't be the whole thing can it.

As far as I am aware one deed can sell multiple debts but that may just be my interpretation of words.

If this is linked to your other thread then [MENTION=87380]Diana M[/MENTION] is who you need

[Diana M]

Re: What Exactly should a Deed of Assignment Contain??

The dca have just sent me, what they call a deed of assignment containing my details and blotched out details of several debts they must have bought including mine. They say this is the extract from the deed of assignment.

They sent me the sale agreement between varde and mbna document called the card receivables.
Is this the deed of assignment? Very confusing.

It's an extremely complicated legal argument to make in court and not one for the fainthearted or a LIP.

From what you say you have only been given a redacted copy of the Deed when you'll need an unredacted copy. It also appears that you only have an extract from the Deed not the complete Deed.

The Trial for my own case (PRA v Diana Mayhew) lasted three days which was mostly legal argument on the MBNA >Varde > Aktiv Kapital > PRA assignment issue. We had spent several months obtaining unredacted deeds in order to make our case which we won.

You can read about it here > http://legalbeagles.info/forums/show...l=1#post723304

PRA GROUP (UK) LIMITED v DIANA MAYHEW – WIN

‘“RECONSTITUTED AGREEMENT” – IRREDEEMABLY UNENFORCEABLE”
“UNREDACTED DEEDS OF ASSIGNMENT – NO ASSIGMENT PROVED”

So, held Recorder Bellamy in PRA Group (UK) Limited v Mayhew at Central London County Court on 22nd March 2017, at the end of a 3 day multi track trial, when dismissing PRA’s claim against our client.

Stale debts sued for on the back of 2 ‘reconstituted’ MBNA credit card agreements (May 1999 and October 2000) were held irredeemably unenforceable under CCA 1974. The evidence of an honest witness was preferred to that of so called “reconstituted agreements”.


After 3 days of close forensic examination of, and legal argument about, evidence and documents from both PRA and MBNA stating that our client’s specific debt had been assigned, the court held that no assignment had been proved.


Efforts, over many months, in earlier cases to force PRA into disclosure of un-redacted deeds and deep and sustained forensic challenge to the provenance of documents needed to prove regulatory compliance, finally drew back the veil. The reality behind bulk debt purchasing was revealed.


This decision shows that just saying an agreement is enforceable and producing a “reconstituted” copy does not prove that it is enforceable. Just saying an agreement has been assigned and producing a notice saying it has been assigned does not prove legal assignment.


Debt purchasers need to provide proof. If that means the pitifully few pence in the pound they pay for stale debts will increase because banks will now have to start keeping original evidence complying with regulatory consumer protection measures, it is hard to imagine many tears being shed, outside the City of London.

I have full knowledge of this case since I was the Defendant (Diana M is short for Diana Mayhew).

I was also the "Client" of Joanna Connolly Solicitors where I currently work. How ironical.

I have no shame in being taken to court for a debt which arose with MBNA when I was in "financial chaos" at the start of the Credit Crunch which was caused by the banks not me or any of you other debtors out there.

But I didn't personally owe PRA any money (as agreed by Recorder Bellamy) and that was the reason I decided to fight this case.

I wasn't only doing it for me, I was doing it for all the other debtors who've been served with claims for a MBNA debt which travelled the same assignment route as mine.

I was also doing it because the documents produced by the Claimant needed forensic examination. As Jo has said the court found them irredeemably unenforceable. There were two claims for two accounts and both credit agreements failed the test in court.

It was a win for the consumer not just me.

PRA have said that they will not be appealing the judgment.

Di (aka Diana Mayhew)

Di

[Renee65]

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