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Ist Credit Notice of Assignment LLoyds debt

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I have had a letter today that begins:

"We give you notice that Lloyds TSB Bank has assigned to 1st Credit...all of the Bank's rights in to and under the above detailed account....As a result of this assignment...."

 

Is this a Notice of Assignment and as such should have been sent to me by recorded delivery?

 

Thanks for your advice.

 

Cara

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well done.

 

ok was the letter from these people in Reigate.

 

have Lloyds inform you.


Id quot circumiret, circumveniat.

 

please do not take my word for anything please do your own research All that i make comments on are done in good faith and to the best of my knowledge

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Hi Lilly White

 

Yes, it was from people in Reigate.

 

 

I have had no dealings with Lloyds TSB since I entered into an IVA circa 1998.

 

 

My IVA was defaulted in 2001 when my joint IVA partner did a moonlight flit to the states.

 

 

It was then taken up by Mackenzie Hall.

 

 

I was paying them until I got wise to them via this site and CCA'd them.

 

 

They didn't comply and have heard nothing since about 2007.

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have a read

 

 

 

Assigning A Debt Or Benefit Of Contract?

 

6 December 2005

 

 

 

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.

 

ok well we need to find out who owns the debt have a good read


Id quot circumiret, circumveniat.

 

please do not take my word for anything please do your own research All that i make comments on are done in good faith and to the best of my knowledge

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The letter states that the full amount outstanding is due to 1st Credit. "Following the assignment of this account by Lloyds TSB, 1st Credit is the data controller of your information in respect of this account"

 

Would I need to request an SRA to find out if this is infact truthful?

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if you have not been inform by the bank how do you know what they are say is correct.

 

may i asked what is it for loan ,credit cards

 

 

Also i see i you asked for a CCA did you get one


Id quot circumiret, circumveniat.

 

please do not take my word for anything please do your own research All that i make comments on are done in good faith and to the best of my knowledge

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It was for a credit card. I sent a CCA to Mackenzie Hall when they had the debt but they were unable to provide one and so I stopped communicating with them.

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i need to check something i will post again in the morning.

 

SAR LLOYDS ASK FOR EVERTHING, STATEMENTS, CCA ALL INFO THEY HAVE ON YOU IT COST £10.


Id quot circumiret, circumveniat.

 

please do not take my word for anything please do your own research All that i make comments on are done in good faith and to the best of my knowledge

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well it would seem that the NAO that you received would indicate that they have bought the alleged debt.

 

if you contact these people in Reigate it confirms that you acknowledge the assignment.

 

So you can ask for the CCA. that means you need to contact them.

 

Or Wait until the bank send you the sar.or they confirm the assignment

 

A DEFENCE.

 

The Defendant denies that he is liable to the Claimant as alleged in the demand at all. It is averred that the Claimant has failed to serve a Notice of Assignment in accordance with section 136(1), of the Law of Property Act 1925, in respect of the alleged debt. The amount detailed in the Claimant’s claim, which is likely to include penalty charges, which are unlawful at Common Law, Dunlop Pneumatic Tyre Company Ltd v New Garage and Motor Company Ltd [1915], under The Unfair Contract Terms Act 1977 and The Unfair Terms in Consumer Contracts Regulations 1999. Accordingly, the inclusion of penalty charges in the purported Notice of Assignment renders it entirely legally unenforceable. The Claimant has failed to comply with section 136(1) of the Law of Property Act 1925, by furnishing a Notice of Assignment in respect of that which is denied, that is inaccurate, W.F.Harrison and Co Ltd v Burke [1956].

 

The defendant requires sight of the notice of assignment of the debt. In addition the defendant requires proof of service of the Notice of Assignment in accordance with s196 of the Law of Property Act 1925 which is required to give the claimant a legitimate right of action in their own name since it appears this is an assigned debt. the reason the defendant requests this information is inter alia to clarify the dates are correctly stated on all documents , the defendant notes that if there are errors in the assignment it may be rendered in effectual in law per W F Harrison and Co Ltd v Burke and another - [1956] 2 All ER 169

 

LILLY WHITE


Id quot circumiret, circumveniat.

 

please do not take my word for anything please do your own research All that i make comments on are done in good faith and to the best of my knowledge

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As lilly white says, I would suggest that you don't communicate with 1st Credit at all.

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Thanks for all the advice. I think I'll ignore it for now until they send an NOA by recorded delivery. . I'm wary of SARing Lloyds as that might make them start chasing me!!

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Thanks for all the advice. I think I'll ignore it for now until they send an NOA by recorded delivery. . I'm wary of SARing Lloyds as that might make them start chasing me!!

 

Catch 22 if you don't contact 1st crud they will continue with threats and may chance going for a court judgement on the grounds they think you won't contest. If you do they won't go away easily until you can prove the debt is uneforcable by one way or another

 

I would SAR Lloyds as they will have sold it on which more than likely means something is missing from enforcing this. If not they would have first got one of the others to try collecting on their behalf. I don't know about Lloyds but when Barclaycard sold mine on their was nothing in my file from BCard to me to say they had assigned this to 1st Crud and despite my requests to 1st and others thay haven't been able to provide it.

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This debt was put into an IVA in 1998 and then taken up by Mackenzie Hall when I had to default the IVA (long story). MH weren't able to provide a signed credit agreement....Would MH give it back to Lloyds to then give it to 1st Credit? Or would 1st Credit have bought it off MH. And if MH didn't have a signed credit agreement, then I'm assuming 1st Credit won't either.

 

As a result of BCard and 1st Cred not being able to provide evidence of assigning the debt to 1st Cred, does this mean 1st Cred are unable to chase you for the money?

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No I was able to prove they couldn't enforce it due to the missing prescribed terms and a default notice which didn't take into account the time taken to serve. The debt isn't enforcable and I'm using this to negotiate a reduced settlement on my terms or they get nothing.

 

I didn't find out about the agreement or the default notice until after I SAR'd them. They didn't send all the info the first time and I kept having to remind them about what was missing.

 

I didn't do any of this until after 1st crud had issued an SD which then led me to find this site but since then have gone after my other alleged debts before they have come after me.

 

1st Crud/BCard & A&L - They have both given up their court cases.

Halifax have run out of DCA's to ask and disappear when challenged

HSBC they have given up for the time being

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I'll ignore 1st credit for now then till get a response to SAR from Lloyds. If Lloyds can't provide a signed credit agreement and/or evidence of assigniing the debt to 1st Credit will that should be enough to tell 1st Credit where to go??

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No I was able to prove they couldn't enforce it due to the missing prescribed terms and a default notice which didn't take into account the time taken to serve. The debt isn't enforcable and I'm using this to negotiate a reduced settlement on my terms or they get nothing.

 

I didn't find out about the agreement or the default notice until after I SAR'd them. They didn't send all the info the first time and I kept having to remind them about what was missing.

 

I didn't do any of this until after 1st crud had issued an SD which then led me to find this site but since then have gone after my other alleged debts before they have come after me.

 

1st Crud/BCard & A&L - They have both given up their court cases.

Halifax have run out of DCA's to ask and disappear when challenged

HSBC they have given up for the time being

 

Can you start your own thread so replies don't get mixed up please...


"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

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Yes and also do a CCA request either as part of the SAR or seperately by recorded delivery

Once you ask for the CCA if they don't provide it within 12+2 days you can then send the account in dispute letter until such time as they do provide it.

If they do supply it post it on here minus personnel info and ask for help as to enforceability.

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I'll ignore 1st credit for now then till get a response to SAR from Lloyds. If Lloyds can't provide a signed credit agreement and/or evidence of assigniing the debt to 1st Credit will that should be enough to tell 1st Credit where to go??

 

Post back if you get anymore calls or letters from 1st crud please.


"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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Can you start your own thread so replies don't get mixed up please...

 

I was replying to Halfangel post

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Thanks for the advice everyone. I'm not trying to shirk this debt at all..it should be shared with my ex but he did a moonlight flit to the States but as it was in my name there's nowt I can do about it. and by my calculations I've paid more than my half share of it back! Good luck to others out there

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As a last question for now - am I definately best SARing Lloyds instead of 1st Credit? (baring in mind I've not had any dealings with Lloyds since 1998) Would I not be opening up and old wound, so to speak, if I contact Lloyds? I don't even know my account numbers or anything!

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You'll get more info by SAR ing LTSB rather than 1st crud.


"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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UPDATE:

Haven't gotten round to SARing TSB yet. Had the limited time offer of reduced settlement figure letter off Ist Crud.(sent 27th July, arrived 31st..offer valid for July only haha)

Today I got their 'we now intend to take legal proceedings against you which may result in legal costs, name in register of judgments....

 

Can a debt that has already been through a CCJ go through one again?

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Thanks for the advice everyone. I'm not trying to shirk this debt at all..it should be shared with my ex but he did a moonlight flit to the States but as it was in my name there's nowt I can do about it. and by my calculations I've paid more than my half share of it back! Good luck to others out there

 

Standard letter may etc

 

 

Please be assured, what ever you do with 1st credit, is ok by us.

 

Also we know that you are not trying to shirk your debts.

 

Keep us posted. god bless

 

the very best regards lilly and sleep well


Id quot circumiret, circumveniat.

 

please do not take my word for anything please do your own research All that i make comments on are done in good faith and to the best of my knowledge

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You Have A Pm


Id quot circumiret, circumveniat.

 

please do not take my word for anything please do your own research All that i make comments on are done in good faith and to the best of my knowledge

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