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lilly white

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lilly white last won the day on August 22 2009

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About lilly white

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  1. well, now you are talking.......................get on with it....keep us updated.
  2. Assigning A Debt Or Benefit Of Contract? It is important to first provide the debtor with a notice of the assignment! Other points and issues that should be borne in mind: · In principle, the benefit of a contract can be legally assigned without consent, provided there is no express prohibition on assignment or, for example, a requirement that consent is obtained. · Where there is no restriction on assignment, the usual way of assigning the benefit of contractual rights is by statutory assignment. The assignment must be in writing, signed by the assignor, absolute (not purporting to be by way of charge only) and notice in writing must be given to the other contracting party (section 136, Law of Property Act 1925). · If a contract is not effectively assigned under statute, it may still be assigned under common law by an equitable assignment. An equitable assignment may exist where the requirements for a statutory assignment are not satisfied. The main practical consequence of an equitable assignment is that the assignee cannot bring an action in its own name against the third party, but must fall back on the rules governing equitable assignments and join the assignor as a party to the action. It is, in any event, desirable for notice of an assignment to be given to the third party because the third party will otherwise be entitled to continue to make payments to the assignor. Notice will give the assignee priority over any other assignee that has failed to give notice, provided there is no knowledge of such prior assignment.
  3. may i asked do capquest own the debt or are they acting on behalf
  4. let me be clear......... ........they cant, I repeat they cant call, unless you are happy for them to call......... ........However you say there are 2 accounts that these people are handling... It would seem that these people are acting on behalf..... ...so do not enter any conversation what so ever........ .......if you wish we can go through due process .i will keep a watch
  5. OK...........sorry i have not got back before........go with the letter.see what comes back if anything........
  6. its does seem to me we need more detail,,,,,,,,BTW my regards to the response posters... i salute you both..... viva cag
  7. i am still here...................
  8. ok get a letter of to these people explain your position keep the letter simple only pay what you can..........sar the original creditor ...............await response from these people, once we get the info from the original creditor we will act............ Also ask for the cca from 1st credit......
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