Letter of assignment, can it be sent to the debtor standard post?

[mak71]

Can someone please confirm, ive heard and read that an assignment notice should either be personally served on the debtor or sent via recorded or special delivery to comply with regs .

 

However ive had 2 different members of staff at howard cohens tell me some assignment notices can be sent out standard post,

 

Now knowing dca"s/solicitors have been known to tell a porky or two:eek: is there any case law or a link to the regulation regarding assignment notices and how they are served?

 

If it is part of regs, does it deem them invalid if sent standard post,

or just a technicality they can easily overturn once pulled up on it?

 

Mak

[silverfox1961]

Have a read of the Law of Propert Act 1925 s196(4)

 

This spells it out quite clearly

 

Law of Property Act 1925 (c.20)

[mak71]

Silverfox, im still confused,(doesnt take much)

as it talks about land,is it the same for letters of assignment from a dca?

 

 

 

im confused over the part declaring, it will be deemed served if left at last place of abode etc in the section above it

Is that not relevant,?

 

If a dca sends it standard post, how could i use that to my advantage, is it a major breach or just a technicality they can easily wriggle out of?

 

Also note there was an amendment made, a bit lower down,

 

S. 196(4) amended by Recorded Delivery Service Act 1962 (c. 27), s. 1, Sch.

 

 

Thanks

Mak

Edited April 8, 2009 by mak71

[silverfox1961]

Debt collectors treat money as property, therefore they have to comply with the LoPA 1925 when dealing with debts.

 

As far as I'm concerned, a notice of assignment has to be sent recorded delivery at the very least otherwise the recipient can deny (however naughty that may be) ever receiving it and the DCA would have no proof of delivery.

 

All DCA's and their lackeys will say anything to confuse an issue. They use the property act all the time when the debt is assigned to them from the original creditor so they should know what they're talking about(but don't)

[mak71]

Ah thanks, understand now,

so when you put them to strict proof in a court claim it was sent and delivered they could struggle if they sent standard post;)

But would that be enough to get the case thrown out, or would they simply just re issue another one via recorded delivery?

 

Mak

Edited April 8, 2009 by mak71

[retrospect]

If you started to kick up a fuss about it in court, wouldnt they just be able to produce it then?

[silverfox1961]

Of course they could produce it but they would still have to prove it was sent to the debtor. If the debtor never received an NOA, how could they prove a negative? Having a NOA in the DCA's possession proves nothing

[Toulose LeDebt]

You need to be looking at Sec 196 of LOP 1925.

 

You would put them to strict proof the notice was sent. (impossible if not recorded).

 

No NOA means assignment not perfected.

 

If NOA carries no date of assignment it is valid

 

If NOA carries incorrect date of assignment it is invalid.

 

You would of course force them to produce a copy of the 'deed of assignment' in litigation.

 

This is often particularly difficult for the DCA to produce.

 

By then they will probably have already issued an NOA with an incorrect date or other flaw.

 

If assignment is not perfected in law then title still rests with the OC and the DCA can not bring proceedings solely.

[ODC]

You need to be looking at Sec 196 of LOP 1925.

 

You would put them to strict proof the notice was sent. (impossible if not recorded).

 

No NOA means assignment not perfected.

 

If NOA carries no date of assignment it is valid

 

If NOA carries incorrect date of assignment it is invalid.

 

You would of course force them to produce a copy of the 'deed of assignment' in litigation.

 

This is often particularly difficult for the DCA to produce.

 

By then they will probably have already issued an NOA with an incorrect date or other flaw.

 

If assignment is not perfected in law then title still rests with the OC and the DCA can not bring proceedings solely.

 

This is a very important point and I am surprised that more people do not make use of it when dealing with the pond life.

[lilly white]

agree with ODC.

 

1 where you inform by the original creditor

 

2 was the sum correct

 

3 Proof of posting is correct

 

4 insist on deed of assignment

 

5 As they say in the east end, put it on them son.

 

they will hate it golly good