Deed of Assignement

[paulandberyl]

Hi everyone

 

I have been sent a letter from a DCA and they said they had enclosed the deed of assignment. When I looked at what they sent me it just said note of assignment. There is no reference to me or what I am supposed to owe.

Does anyone know what these deeds of assignment are supposed to look like?

Thanks

[diskmandave]

A notice of assignment is simply notice to the debtor that the debt has been assigned to whichever collection agency. It's just a letter...

 

A deed of assignment is a contract between the Original Creditor and to whomever the debt has been sold to. This is a private document that only need be produced in Court to support a claim, and then, only when the claim is defended. There is no automatic right to be provided with a copy of this.

 

Can you scan and post what they have sent ?

 

Hope that helps....

Regards, Dave.

[pt2537]

Dave is absolutley right, to add

 

an assignment must contain the correct amount of money owed and also the correct date of assignment if it has a date on it, the date is not a requirement but if the date is on the form it must be correct

 

19. Form of assignment.

The assignment must be in writing under the hand of the assignor in order to be within the Law of Property Act 19251. The

fact that the assignment is also by deed does not take it out of the operation of the Act2. It is thought that signature by an

agent is not sufficient3. Apart from this requirement of writing, no particular form of assignment is required, but, whatever its

form, the document must be one which amounts to an absolute assignment4. A mere statement of an intention to assign is not

sufficient5. A direction6 or order7 by the creditor to the debtor to pay the assignee may be sufficient, as when a promissory

note is indorsed to a particular person and handed over8. An order to pay as expressed in a cheque is not within the Act9, and

a direction to a debtor to pay to a bank all moneys payable to the creditor under an agreement, although expressed to be

irrevocable, does not amount to an assignment of the moneys if the bank has not been informed of the arrangement between

creditor and debtor, as the direction, contrary to its terms, is in fact revocable10.

 

 

 

 

20. Notice in writing.

In order that the assignee may obtain the benefit of the Law of Property Act 1925, express notice in writing of the assignment

must be given to the debtor, trustee or other person1 from whom the assignor would have been entitled to claim the debt or

the chose or thing in action2. Where there are joint debtors and covenantors, notice to one who is a bankrupt is unnecessary3.

The notice need not be formal4, and need not be written with the intention that it should perform the function of giving

notice5; but it must be given even though the debtor cannot read6. The assignment only operates under the Act as from the

date of the notice7, that is, the date on which it is received by or on behalf of the debtor8. If the debt is released or

extinguished by payment or otherwise before notice is given, there is no transfer under the Act9.

It has been held that if the date of the assignment is wrongly stated the notice is ineffectual10, though if no date is given at all

the notice may be good11. It may also be ineffectual if it does not state the amount of the debt correctly12.

The Act prescribes no limit of time within which the notice must be given13, and a notice given after the death of the

assignor14, or after the death of the assignee15, is effectual.

The Act does not prescribe that the notice must be given by any particular person16. Thus it may be given by the personal

representatives of a deceased assignee, even though no notice has been given by him or by the original or any intermediate

assignee17.

 

 

[paulandberyl]

Thanks for your reply diskmandave and also to pt2537. I have never scanned anything and sent it on this site before but I will have a go as soon as I can. I would appreciate it if you can ten look at it for me and give me your thoughts. Thanks

[paulandberyl]

I think I have been able to upload the images

 

http://i142.photobucket.com/albums/r95/paulandberyl/Untitled-1.jpg

http://i142.photobucket.com/albums/r95/paulandberyl/Untitled-2.jpg

[paulandberyl]

The bits that have been blacked out is how I received the documents.

[shane5408]

The bits that have been blacked out is how I received the documents.

 

 

I'm surprised they sent the DOA, normally a NOA is only sent. Though they blacked out the sensitive data I see

[shane5408]

What you need to do is send a CCA Request to the new legal owner of the debt, I'm assuming the debt is for a loan or credit card? If so the rights and responsibiliities to provide proof of legal ownership and right to collect the debt lies with them, if they cannot provide an agreement or provide a non compliant one the debt could be unenforcable.

 

 

kind regards,

shane

[Seahorse]

I can't understand why they would consider theor company number and where the registered office is based, or the date of assignment to be sensitive data.

 

Nice to have though. I'm sure that will come in VERY useful. I notice it mentions all rights, title etc.

[hannabarbera]

I don't see anything on it that says it applies to you, your account or any sum of money. Could relate to anything. I think it is a try on.

[paulandberyl]

Thanks for your thoughts. I don't know if I should contact the Information commissioner and the Financial Services Ombudsman or just wait to see if they want to take me to court.

[Vulture_Bank]

am I stupid thick or both --- reading that first page of appendix 1

 

it says

this deed of assignment is made between

(1) first national etc................

 

and

 

(2) aktiv capital asset investments limited ..........

 

whereas the assignor, GE capital global finance ltd, the assignee and aktiv kapital asa entered into an agreement on xx 2004 (the agreement)

 

there are 4 parties mentioned here not 2 as they are trying to pass off if you don't read it properly

 

they are not showing you an agreement "as mentioned"

 

how are we supposed to know there is a relationship between

(a)first national and ge

 

(B)aktiv capital asset investments limited & aktiv capital asa

[Seahorse]

I don't see anything on it that says it applies to you, your account or any sum of money. Could relate to anything. I think it is a try on.

 

The actual DEEDS of assignment relate to an agreement between the assignor and assignee. In other words, the original creditor/lender and the debt purchaser. They tend to be generic documents, relating to the fact that debts have been assigned, and don't reflect individual accounts. That's why there is no identifying information on there.

 

Usually they run to a fair few more pages than that, though. And as VB mentions, seems to be a heck of a mess. I wonder how it would stand in court?

 

Quite why they have produced this is beyond me. It's something they normally wouldn't divulge unless absolutely forced to.

[Vulture_Bank]

ummmmm feel those dates are hiding something and

 

some vey interesting finds here !!!

 

sep 2006 Staggering Impairments Clobber Aktiv Kapital

june 2006 Aktiv Kapital's Earnings Fall

feb 2006 Audit Nightmare at Aktiv Kapital Causes Deep Drop in Profits

jan 2006 Revenue Growth Slows at Aktiv Kapital

 

oct 2005 Portfolio Management Group Acquired by Aktiv Kapital in Canadian Expansion

 

 

feb 2005

Aktiv Kapital's CEO Abruptly Resigns Amid Acquisition of Two More Collection Firms

[Vulture_Bank]

paul

 

you have taken the scans down

 

does it say on the assignment thing

 

aktiv capital asset investments limited & aktiv capital asa

 

because just realised the company should be

 

aktiv Kapital asset investments limited & aktiv Kapital asa

 

is this my mistake or theirs ??

[paulandberyl]

Thanks to Vulture Bank and Seahorse.

 

It says on the assignement Aktiv Kapital Investments Limited and "the Assignee and Aktive Kapital ASA".

 

I no its a personal choice but does anyone know if it's worth sending AK a final response letter and just ignore them or if it is best to contact the information commissioner and FSO?

 

Thanks for your help

[Newborn]

If this is exactly how the document has been presented there is also:

Not enough room under the blacking out to fit a full company number in. Probably not there.

Not enough room under the blanking out to fit the address in. Probably not there.

Not enough room to fit a proper date under the blacking out in the main text. Probably incomplete.

If there was a date under the blacking out at the top of the page you should see at least part of the bottom of the numbers and letters.

Looks like a print of a blank template to me, ie an attempt to hide lack of data.

 

Newborn

[paulandberyl]

Yes, I agree Newborn. Thanks for pointing that out. It looks like I don't have too much to worry about.