Deed of Assignment...

[diskmandave]

Boys & Girls...!

When sending your CCA request/s or letters to DCA's....

Please be aware of a common mis-conception. There is no legal obligation
whatsoever for you to be provided with a copy of a DOA...!!

It all looks great, Act (section), subsection, (date/year) ....... and so on... and then we go and spoil it by making a legal request that doesn't exist!

There is no legal obligation whatsoever for you to be provided with a copy of a DOA...!!!

These details may have to be disclosed in a court situation, but that's it!

Good luck everyone... Regards, Dave.

[dencha]

Hi Dave

I believe Laiste is doing a re-write of the CCA request on another thread.

Not happy with the wording of the template version.

dencha

[Vulture_Bank]

Originally Posted by diskmandave

Boys & Girls...!

When sending your CCA request/s or letters to DCA's....

Please be aware of a common mis-conception. There is no legal obligation
whatsoever for you to be provided with a copy of a DOA...!!

It all looks great, Act (section), subsection, (date/year) ....... and so on... and then we go and spoil it by making a legal request that doesn't exist!

There is no legal obligation whatsoever for you to be provided with a copy of a DOA...!!!

These details may have to be disclosed in a court situation, but that's it!

Good luck everyone... Regards, Dave.

this statement "as it stands" is incorrect

for an absolute assignment notification to the debtor is needed (from either the assignor or the assignee) -- the assignment does not commence until effectively the date of service of the assignation

some of them out there are now moving towards absolute assignation

[make them aktiv runners]

Originally Posted by Vulture_Bank

this statement "as it stands" is incorrect

for an absolute assignment notification to the debtor is needed (from either the assignor or the assignee) -- the assignment does not commence until effectively the date of service of the assignation

some of them out there are now moving towards absolute assignation

Dave is correct. The DOA is the actual contract between the bank and DCA. You are referring to an entirely different document, ie Notice of Assignment which is just a letter.

[PriorityOne]

I've never had a problem with the wording of the CCA request on here... and the fact that they know that we know the DOA might need to be disclosed in court if it ever went that far, could be one of the reasons why some of them back off.

[Vulture_Bank]

Originally Posted by make them aktiv runners

Dave is correct. The DOA is the actual contract between the bank and DCA. You are referring to an entirely different document, ie Notice of Assignment which is just a letter.

yes misread sorry WAS JUST HUNTING FOR Something when discovered this thread

however let's re-paste this a "personal discovery" and ask the question do they need to attach a copy of the deed of assignment to the particulars of claim ???

Whilst considering the differences between CPR PARTS 16 & 18
The following was noted.

PRACTICE
DIRECTION – STATEMENTS OF CASE
THIS PRACTICE DIRECTION SUPPLEMENTS CPR PART 16

7.3 Where a claim is based upon a written agreement:
(1)a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing, and
PRACTICE DIRECTION – STATEMENTS OF CASE - This practice direction supplements CPR Part 16

PRACTICE DIRECTION – STATEMENTS OF CASE - This practice direction supplements CPR Part 16

[pt2537]

Originally Posted by make them aktiv runners

Dave is correct. The DOA is the actual contract between the bank and DCA. You are referring to an entirely different document, ie Notice of Assignment which is just a letter.

The Notice of Assignment can be a letter, but its not just a letter, IT MUST be correct for the assignment to be legal,many N.O.A's that we see on here the dates are wrong rendering them useless

W F Harrison & Co Ltd v Burke and another - [1956] 2 All ER 169 is a case ive been reading lately and its very informative on Notices of Assignment

"Held - The notice of assignment was bad because the date of the assignment was wrongly stated therein and, therefore,
the legal right to the debt under the hire-purchase agreement had not been assigned effectually at law within s 136(1)a of the Law of Property Act, 1925."

[andyorch]

And to add to Pauls post the amount assigned must be true and if includes penalty charges also renders N.O.A invalid.


Andy

[ScarletPimpernel]

Originally Posted by andyorch

And to add to Pauls post the amount assigned must be true and if includes penalty charges also renders N.O.A invalid.


Andy

Is there a reference or precedent that can be quoted to back this up? It would have been most useful to me in my recent unpleasantness with Robinson Way, and might also help me to bring Cabot's silliness to a conclusion.

[pt2537]

I must point out that DMD is correct that under a s77/78/79 CCA request there is no requirement for a NOA to be supplied therein

and we must remember also when dealing with Assignments there are Equitable assignments which do not transfer the right to the chose in action

and there are absolute assignments governed by the LoP act 1925 which does transfer the rights to the chose in action

[majorclanger100]

PT - a quick question which is relevant to the thread...

Do you know if notification of assignment to the debtor has to be given within a specific timeframe or format? I only ask because I've received a Letter of Assignment stating a debt was assigned 6 months before (even though the OC was corresponding with me about the account during this time, and actually stated the assignment would be made much, much later).

I am asking because if the date is wrong the assignment is invalid as per W F Harrison v Burke.

Many thanks

[pt2537]

bear with me and i will consult the law library just to confirm what is required

[pt2537]

An initial payment of £30 was made under the agreement but no payments in respect of the balance of £203 8s payable in twenty-four monthly instalments of £8 9s 6d. By a deed dated 7 December 1954, Woodcock Hire-Purchase Co purported to assign to the plaintiffs a debt of
£203 8s due by the defendants to the company. By a letter, dated 6 December 1954, but sent on 8 December 1954, and received by the first defendant on 9 December 1954, the plaintiffs gave the first defendant notice that their debt under the agreement had been assigned to the plaintiffs, but wrongly stated the date of assignment as 6 December 1954. They brought an action in the county court against both defendants claiming the sum of £116 14s less the deposit of £30, or £86 14s alleged to be due under the hire-purchase agreement or alternatively return of the refrigerated counter and damages for the detention thereof

does this help? this is an extract from W F Harrison & Co Ltd v Burke and another - [1956] 2 All ER 169, i will keep searching in the meantime

[Docman]

Originally Posted by pt2537

does this help? this is an extract from W F Harrison & Co Ltd v Burke and another - [1956] 2 All ER 169, i will keep searching in the meantime

Did the judge in this case rule that the reaon the DOA was not valid was because of the wrong date?