what is a deed of assignment?

[kenlanelisa]

what is a deed of assignment? ive seen this about the site but dont know exactly what it is.

what does it do?

what does it state?

[Curlyben]

Basically it states that the DCA has purchased the debt from the OC and has the right to collect on that date.

It should be dated and signed by both parties.

[kenlanelisa]

so if you know the debt has been sold to another company and you S.A.R - (Subject Access Request) them do they just send statements of account showing its been sold and the person who bought it.

 

isnt the statement of account enough or should it be a seperate paper to the statements.

 

and should it be given to you with your S.A.R - (Subject Access Request). because i have not recieved one, only the cosing statements and cca. this is what recieved

 

oh and who do you ask for the deed of assignment of as i asked the original creditors not the one who has bought it. did i do right.

a transcript of the account diary notes,

they have noted account is closed and a closing statement of account is enclosed.

[Curlyben]

OK slow down you aren't making much sense.

Now a CCA request should supply the signed executed credit agreement and statement of account. If you are lucky the deed of assignment as well, but doubtful.

 

Now a FULL SAR should supply everything that they have concerning you.

 

So you say you have received the CCA, is it enforceable and contains ALL the prescribed terms:

 

S61(1)(a) CCA provides that, for a regulated agreement to be properly executed, it must contain all the prescribed terms of the agreement and conform to regulations under s60(1) – see Q1.14.

 

Reg 6(1) provides that the terms specified in Sch 6 to the Agreements Regulations are ‘prescribed terms’ for the purposes of s61(1)(a) and s127(3) – see Q8.2.

 

8.2 What if prescribed terms are missing or incorrect?

 

s127(3) provides that the court may not make an enforcement order unless a document containing all the prescribed terms of the agreement was signed by the debtor – see Q1.21.

 

If therefore any of the prescribed terms is missing, or incorrect, the agreement is not enforceable against the debtor, and the court is precluded from making an enforcement order.

 

 

8.3 What are the prescribed terms?

 

The prescribed terms specified in Sch 6 are as follows:

 

* amount of credit – see Q8.

 

* credit limit – see Q8.5

* repayments – see Q8.9.

* rate of interest – see Q8.6

 

Sch 6 was not amended by the 2004 Regulations.

 

 

Also check out Peter Bard's excellent thread on the subject: http://www.consumeractiongroup.co.uk/forum/general/103383-agreement-enforceability.html

[Kwakahumdrum]

Sorry to hijack this but what is the difference between absolute and equitable deed of assignments and can a DCA apply interest with both types??

[Curlyben]

Absolute - the DCA owns ALL the rights and duties of the original creditor and can enforce the agreement through the courts in their own name.

 

Equitable - the DCA has the right to collect the debt, but needs to work with the OC if legal enforcement is required. Also they may need to refer to the OC over certain matters.

[Kwakahumdrum]

Thanks Curlyben, oh dear interest charges do apply then

[kenlanelisa]

hi again. no i didnt ask for cca request. i asked for a sar and put in a £10 cheque all they sent me was the above

 

dont understand see what you supposed to recieve on each one.

all i have recieved is the same as a cca request which would have cost me just a £1

[Curlyben]

In that case send them a SAR non-compliance letter and go from there.

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6986-data-protection-act-non.html

[Madandy1010]

Sorry for bumping an old thread but it seems the most relevant

 

Where a DCA has an Absolute DOA does this mean they are liable for any charges applied unfairly to the account?

 

So if i was to try and reclaim unfair charges would it be the DCA or the bank that i named on the court papers?

 

Thanks

[swt61]

Hi, Would some one please be Kind enough to let me know if they think this deed of assignment is correct & legal,

 

Thnaks,

 

Simon

Edited October 16, 2009 by swt61
more info added page 2

[Curlyben]

SWT, that is NOT a DEED of assignment, in fact it's darn near meaningless..

[swt61]

SWT, that is NOT a DEED of assignment, in fact it's darn near meaningless..

 

Wow vwery fast reply many thanks

 

What should i do this deafult is now about to come off my credit file 6 years are up 25th of this month.

 

Any suggestions ?

 

I am currently still paying a very small amount through payplan but am afraid if i do nothing I will end up with a CCJ.

 

Thanks,

 

Simon

[Curlyben]

Easy enough.

Keep to your arrangement with Payplan and if CL continue to push simply refer them to Payplan.

After all they are your appointed representatives and as such CL should be conversing with them and NOT you.

 

You wont "end up with a CCJ." as there is a long process, involving court action, before this could happen.

 

DCA's say alot of bovine Excrement, 99.9% of it is a steaming pile..

[mr.ton]

Have Halifax actually sold to this lot & for what reason?

[swt61]

We have heared nothing from the halifax since they sent us a Copy of our CCa a while back the next thing we know is this letter so payments are now going to C.L

 

as far as we know its been sold,

 

Regards,

 

Simon

 

This Debt is very old indeed as we have been struggling to pay it since 1999 and included PPI

[mr.ton]

When was last payment on this account made?

Could it be statute barred by any chance?

[swt61]

When was last payment on this account made?

Could it be statute barred by any chance?

 

 

every month withought fail near enough even though low payments for the last 8 years last payment last week:cry:

[mr.ton]

Oh well..forget my last post..it was just to clarify

Have you contacted Halifax themselves to see what they are playing at in all of this?

[count orlok]

If a DCA sends me a letter saying they have bought the debt, and i do not hear from the OC they get nothing. I Think of it this way, if I sent the DCA a letter saying I had taken over their phone bill and in future they should pay it to me instead of say BT would they without a letter from BT? Works both ways, if you are paying the OC, keep doing so untill they tell you to stop. Once you have a letter from the OC saying you no longer owe then anything you may talk to the DCA, well thats what I've told my DCAs

[swt61]

Thanks both for the last 2 posts,

 

i ahve not been in touch with anyone acceot paypaln making my payments as after getting some or if not all of my CCa's sent to me I got lost in it all some time back.

 

I could not actually get 100% confirmation if my CCa's were valid or not so I lost the fight a bit.

 

Now if I dont do something I am afraid someone will bankrupt me & take the House,

 

Many Thanks,

 

Simon

[exasperated]

Simon,

Have you ever posted the CCA's on this forum?

Exasp

[swt61]

Simon,

Have you ever posted the CCA's on this forum?

Exasp

 

Yes I did a while back i will try & locate them for you,

 

Many thanks,

 

Simon

 

Just found this old possting if this helps otherwise I could start again

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/167241-newbie-my-cca-story.html

Edited October 16, 2009 by swt61
added info

[exasperated]

Simon,

I think you need to load them onto this thread but do it individually. This will bring your thread back to the top each time you do that and you should get a positive reply to whether the agreements are enforceable.

Also I wouldn't confuse your threads with several different enquiries but separate them into different threads e.g 1) your credit card agreements new thread for each one 2) your deed of assignment enquiry(if not answered to your satisfaction) etc etc

You should then get a satisfactory response.

Regards them bankrupting you I cant see that, it costs too much, but they may go for a Charging Order on your property which is what they did to me and none of the debts were secured.

Exasp

[exasperated]

Simon,

Also is the debt collection industry the right place for putting your posts? I would think that you would be better putting each credit card enquiry into the general debt issue's IMHO

Exasp