Deeds/Notifications of Assignment

[MAGDA]

i'm having issues with CapQuest - they have been chasing me for years for an aledged Halifax debt, i have repeatedly asked for a CCA, they have only sent me an application form, then there is the deed of assignment i asked for, it cam aledgedly from Halifax - it doesnt have a sold date on it and the total balance is what CapQuest say it is - the funny thing is CapQuests balance was different 3 years ago when they say they took over the debt - the Halifax figures match CapQuests current outstanding numbers...i think if Halifax had sent it they woudl have put the date it was sold and the figure on that date as they would not know or care what the current balance was?

 

i feel some court action coming on in 2009!

 

At least Capquest has been unable to provide a valid CCA - they won't get very far on the application form alone Magda

[jey_uk]

I had the same problem with CABOT. This is a monument accout. They sent me copy of monument statement. I caught them out, when one of the monument statemnt (27/7/2005) states that they deducted all the unlawful charges applied on the accoutn, which brought the account balance from $1499.23 to £935.70. But CABOT send me a copy claiming it is their notice of assignement that is full of mail merge strings gone wrong and dated 2.12.2008. They claim that they bought the account on 21/07/2006 and that is FIVE days before the last statement from Monument. I am just going to write a letter to them as follows. COuld you please advice me on this?

 

LETTER

 

 

Dear Sir/Madam

 

Reference number: XXXXXXXXX[/font]

 

Thank you for your recent correspondence and the copy of consumer credit agreement. In my previous communication I requested you to provide me with information about notice of assignment that includes the date that you purchased the account from the original creditor and all the charges you applied on the account. The copy of notice of assignment you sent me does not seem appropriate as it does not have any of my details or the account details concerned. It also indicated that the letter was dated 2nd of December 2008. The document you provided seems to be an output of your standard template with corrupted Macros/codes.

 

Having gone through all the statement provided by Monument, I learnt that Monument had deducted all the unlawful charges it applied previously on my account, which reduced the balance from £1499.23 to £935.70. I also noticed that the balance you stated on your most recent correspondence equals the initial account balance held by monument prior to the deduction of unlawful charges.

 

Hence I hereby request a detail statement of charges applied by you (not the original creditor) and a copy of deed of assignment clearly stating the date you took over the account.

 

Looking forward to your reply[/font]

[Fred Bassett]

Hi Jey,

 

I'm having a very similar argument with Cabot regarding my Morgan Stanley/Goldfish account. They are trying to tell me that they bought this debt 2 days before I got an online balance (by email) stating that the amount due on the account was zero. My feeling is that they cocked it up administratively and that they are now backtracking. It's simply not good enough to send you a letter 'representing' the one they claim to have sent earlier. There is some stuff in my thread which may help: http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/131660-fred-bassett-morgan-stanley.html

 

Regards.

 

Fred

[MAGDA]

Hi, need some advice re: Deeds of Assignment if anyone can help. I had a claim (one of several) brought against us by Link (re: ex First national debt) and it was struck out. Link had it reinstated and back in November Last year I sent a CPR 31.14 request asking for copies of Default notices and the Deed of Assignment, as I'm not convinced that Link has an absolute assignment anyway, or that the details tie up with the NOA. Anyway, this was ignored and claim just went into limbo. Recently Link kindly resurrected the claim and it is alll systems go again:( Anyway, recently sent a follow up letter to the original cpr request and Link has informed me that they are not obliged under the Law of Property Act to provide sight of the DOA, and the NOA is sufficient under this law. So, just wondering what my rights are regarding this, as I really do want to check the Deed over to see if it all adds up.... I have got a thread on this, http://www.consumeractiongroup.co.uk/forum/legal-issues/197600-more-problems-link-2.html but thought someone on here might be able to help on this aspect of it. Any help much appreciated:) Magda

Edited May 28, 2009 by MAGDA

[babybear39]

Hi MAGDA,

 

You won't get to see a D o A as this document contains sensitive information regarding the whole portfolio of accounts purchased such as individual information and commercially sensitve data.

[willtheywontthey]

oh I'm glad this has popped-up.. I'm having problems trying to figure out whether the OC should have written to me (notice of assignment?) - and for me to receive it - prior to 1. phone call from DCA and prior to 2. letter from DCA?

 

Should the notice of assignment (not sold) have come from the OC and should it have said actual name of actual DCA who phoned / wrote?

 

If the OC should have written to me stating name of actual DCA (they only said 'a' DCA) or a NOA in a particular format (yet to be clarified?) then am I able to complain to OC (and FOS etc useless though they are) about this?

 

Does a lack of a notice of assignment (to arrive before DCA 1st contact / with particular detail of this DCA ie name) somehow cause issues for further handing over to other DCAs? I have got rid of this DCA but would like to know if I can give OC some grief as a result.... or even some extra 'in dispute' issues (they deny all of these 'disputes')

[babybear39]

Make a formal complaint to the OC re lack of N o A. Tell the current DCA the account is in serious dispute with the OC and should not be collected on (OFT giudlines).

[willtheywontthey]

thanks but I still cannot find any regs. stating what a notice of assignment should 'have' and what an OC should 'do' relating to notice of assignment...? Difficult to complain without referring to regs.

[Trudy B]

Hi to Fred and all

 

Sorry to jump in

 

Could someone please check out my tread on exactly the same matter and Morgan Stanley / Goldfish / Barclays and Cabots.

 

Orignial card was late 1990's (???) Morgan Stanley card and that got transferred to Goldfish.

 

Morgan Stanley / Goldfish / Barclays / Cabots – Confused!!!!!!

 

There is lots of assignment documentation there in photobucket link which may or may not be of help to you guys.

 

The issue that I am personally trying to clarify is that the documentation states that the debt was clearly transferred from "Goldfish Bank Limited" to Barclays in April 08 but then the documentation for the sale and assignment in August 08 to Cabots very clearly states that the debt has being "sold and assigned" by "Goldfish Bank Limited"

 

From what I have been able to establish so far Goldfish Bank Limited itself was not bought by Barclays, just the credit card business / accounts.

 

Sorry to butt in but this issue is bugging the hell out of me!!

 

Thanks to all

 

T

[MAGDA]

Hi MAGDA,

 

You won't get to see a D o A as this document contains sensitive information regarding the whole portfolio of accounts purchased such as individual information and commercially sensitve data.

 

Thanks BB, wasn't sure, as other members have said I should be able to see it, but obviously that isn't the case. I seem to remember reading somewhere that you can request the court see the document (if they claim it is sensitive) to confirm the type of assignment and that the claimant has a legal right to enforce in court, not sure if this is correct though?? Magda

 

thanks but I still cannot find any regs. stating what a notice of assignment should 'have' and what an OC should 'do' relating to notice of assignment...? Difficult to complain without referring to regs.

 

Yes, I would be interested in this as well, don't recall ever getting anything from FN (the OC) just a letter sometime later sent by Link. Be good to know a bit more about this. Magda

[babybear39]

The judge can ask to see the D o A in court.

[MAGDA]

The judge can ask to see the D o A in court.

 

Thanks BB, knowing what Link are like, it wouldn't surprise me at all if they do not even have the right to bring court action in their own name. Magda

[babybear39]

Thanks BB, knowing what Link are like, it wouldn't surprise me at all if they do not even have the right to bring court action in their own name. Magda

 

The account would have to be an absolute assignment for link to bring any court action on their own

[MAGDA]

The account would have to be an absolute assignment for link to bring any court action on their own

 

Yes, in theory, I know that's the case. But, the court do not ask to see any proof of assignment, any more than they ask to see a copy of the agreement if the claim is admitted (or otherwise). It is all taken at face value and Link are a very slippery customer, to say the least. Just be interesting to see the actual deed itself, as it might be quite revealing. I have found that you can't trust anything at all that these companies say, and it's always best to back it up. Unfortunately, by the sound of it, I won't be able to see the Deed at all. Thanks for your help BB, Magda

[babybear39]

Yes, in theory, I know that's the case. But, the court do not ask to see any proof of assignment, any more than they ask to see a copy of the agreement if the claim is admitted (or otherwise). It is all taken at face value and Link are a very slippery customer, to say the least. Just be interesting to see the actual deed itself, as it might be quite revealing. I have found that you can't trust anything at all that these companies say, and it's always best to back it up. Unfortunately, by the sound of it, I won't be able to see the Deed at all. Thanks for your help BB, Magda

 

Ask the judge if/when it gets to court to request sight of the D o E

[MAGDA]

Ask the judge if/when it gets to court to request sight of the D o E

 

Yes, think that is what I'll have to do. Magda:)

[creditcardmug]

Ask the judge if/when it gets to court to request sight of the D o E

 

I always ask in the draft directions for the original deed of assignment to be brought to the hearing, and a copy of it to be provided at disclosure, that way (if the judge makes those directions), if they don't have it there's no point in them even going forward with a hearing

[MAGDA]

I always ask in the draft directions for the original deed of assignment to be brought to the hearing, and a copy of it to be provided at disclosure, that way (if the judge makes those directions), if they don't have it there's no point in them even going forward with a hearing

 

I think when I submitted my draft directions I did include that (without checking) but the judge just ordered that they provide a response to our defence within xxx number of days. It seems silly really that you can't confirm at an early stage what right the claimant actually has, as from experience, they are not above stretching the truth (and that's putting it politely), but without actulally seeing the deed, it is difficult to know.

[humbleman]

I always ask in the draft directions for the original deed of assignment to be brought to the hearing, and a copy of it to be provided at disclosure, that way (if the judge makes those directions), if they don't have it there's no point in them even going forward with a hearing

 

Just pray that the judge is not one like I had

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/130101-humbleman-hfc-weightmans-court-8.html#post2040923

[creditcardmug]

Just pray that the judge is not one like I had

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/130101-humbleman-hfc-weightmans-court-8.html#post2040923

 

Hmmm, well i did say IF the judge makes the directions you ask for...i know its a lottery with judges, reading the threads on here:(

[24233513afw]

Hi

 

I realise this thread has not been used for some time but hoping someone will pick this up.

 

Just found this thread didnt realise notice of assignements (Sale of Debt Letters) could be different.

 

Getting hassel from Link Financial regarding a loan with originally First National, transfered to GE Money, when we got into difficulties they seemingly assigned to Link way back in 2007 at the time we did receive a "Sale of Debt Letter from Link" not a "Notice of Assignment is there a difference.

 

They are now threaten court action, however there is PPI payments outsatnding which GE Money have refused to refund and FOS cannot enforce as before jurisdiction date.

 

Does this mean Link own the debt lock stock and barrell or what!!

 

Didn't receive anything from GE Money regarding this letter in 2007. I have posted up a copy of the Sale of Yours Debt Letter I received from Link in 2007. Can anybody explain to me what I have got here.

 

Copy of Sale of Debt Letter

 

 

Cheers

 

 

AFW

Edited October 12, 2010 by 24233513afw
Forgot to post copy !!!!!

[babybear39]

Whatever the assigment, equitable or absolute, since May 2008 they have to follow the CPUTR 2008

[24233513afw]

Whatever the assigment, equitable or absolute, since May 2008 they have to follow the CPUTR 2008

 

 

Thank for the reply babybear39, however I really dont understand what these letters are, I do realise they are to inform me that they have assigned/sold the debt but I am reading here about absolute if they were to take me to court wouldthey have to get GE Money consent not quite sure how this all works.

 

I notice on one of your posts to magda that you state"The account would have to be an absolute assignment for link to bring any court action on their own . Is there anyway of me finding out this info.

 

Surprise Surprise the copy of the Sale of Debt Letter I posted in Post #1 that we received in 2007 another copy has just arrived in our post this very second "What on earth are they playing at" sending a copy in 2007 and another copy 3 years later.

Cheers

AFW

 

 

Is there a link to CPUTR 2008.

[seriously fed up]

afw, your inbox is full again, so this is the only way i can reply

get on to the court and ask if you should be expecting something and when its likely to arrive. For what its worth when i got absolvitor from M&S I did get a note from the court confirming this - not sure how long it took though as the case never actually got called.

as for CL - "wait and see" - as someone else observed on CAG today "no news is good news".

Sorry to hear about your husband - hopefully there will be some news about that which is good very soon. I hope so

All the best

[MAGDA]

Hi, thought I would try to 'revive' this thread, as I have a question regarding assignments. If a sale agreement is entered into between one party and another it sometimes has a provision that allows for 'future' accounts to be included in the sale as well, so if MBNA were assigning accounts to Cabot for example, they might sell all of the accounts that are delinquent at that time, but also include any accounts which might become delinquent at some future point. That is quite clear and nothing very confusing there, but what if the wording states, instead of future accounts, that any 'pending' accounts are included in that sale agreement. To my understanding, pending would imply that this would only include accounts that are already in the process of being wound up and sold, so where a sale is pending. I would not think this would include accounts which were still firmly with the OC.

 

What would the legal definition of the word pending (accounts) be as opposed to future (accounts)? Does anyone have any ideas on this.

 

many thanks, Magda