Jump to content


HELP! HELP! Due in court on Friday 28th


letitbeme
 Share

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4483 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Can any one advice on the following statements made by MBNA in response to my CPR request for the following documents :-

 

Default notice - “the default was issued in August 2001. As this is over six years ago, we are legally no longer required to hold a copy of this.”

 

Letter of assignment –“Link informed us that they issued this to your correct address in April 2005.”

 

A full breakdown of the disputed debt –“As stated in my earlier letter, we do not hold statements over six years old and therefore cannot provide this.”

 

I am due in court on Friday 28th for my N244 Court Order request for the above mentioned documents and if they are not supplied the claim be struck out.

 

The following is my current Thread

http://www.consumeractiongroup.co.uk/forum/legal-issues/139522-clarification-re-statute-barred-14.html

Link to post
Share on other sites

proof of posting

 

. The Law of Property Act 1925 is the relevant act that deals with the assignment of debts. Section 136(1) requires that for the assignment of a debt to be effective, express notice in writing must have been given to the debtor:-

 

136. Legal assignments of things in action.

— (1) Any absolute assignment by writing under the hand of the assignor (not purporting to be by way of charge only) of any debt or other legal thing in action, of which express notice in writing has been given to the debtor, trustee or other person from whom the assignor would have been entitled to claim such debt or thing in action, is effectual in law (subject to equities having priority over the right of the assignee) to pass and transfer from the date of such notice—

 

21. However, it is Section 196(4) that prescribes the requirements for giving sufficient notice by post:-

 

196. Regulations respecting notices.

(4) Any notice required or authorised by this Act to be served shall also be sufficiently served, if it is sent by post in a registered letter addressed to the lessee, lessor, mortgagee, mortgagor, or other person to be served, by name, at the aforesaid place of abode or business, office, or counting-house, and if that letter is not returned [by the postal operator (within the meaning of the Postal Services Act 2000) concerned] undelivered; and that service shall be deemed to be made at the time at which the registered letter would in the ordinary course be delivered.

 

22. It is noted that by the Recorded Delivery Service Act 1962 a recorded delivery letter is equivalent to a registered letter and that under the Postal Services Act 2000 Schedule 8 any reference to registered post is to be construed as meaning a registered postal service (eg Royal Mail recorded delivery or special delivery).

 

 

23. For the assignment of a debt to be effective and so giving the Claimant a right of action a valid Notice of Assignment must have been sufficiently served on me using a registered postal service pursuant to s196(4) before proceedings were commenced. The Claimant is put to strict proof that any notice of assignment was sufficiently served on me before proceedings were commenced. Without this proof, the Claimant has no right of action.

 

 

24. Further, it is submitted that the mere fact of giving a notice does not, of itself, create an assignment and that there must be an actual assignment in existence. It is the actual Assignment, not just the Section 136 notice, under which the Claimant derives title to bring the claim and the Claimant is put to strict proof that such Assignment exists. It is further averred that I am entitled, in any event, to view the document of assignment as a matter of law (Van Lynn Developments v Pelias Construction Co Ltd 1968 [3] All ER 824)

 

 

 

 

25. It is further averred that to be valid the the alleged notice of assignment must accurately describe the assignment including the date (W F Harrison & Co Ltd v Burke & another [1956] 2 ALL ER 169).

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

Link to post
Share on other sites

Hi all

 

Just for the record.... they sent my statements through and my MBNA card was issued in 2000...so they do hold statements over six years, not all the correct statements of course, differing acount numbers etc, but they did try! I also never received a default notice or NOA, and they have been ordered in my case to produce all of the above, twice and have not!

 

MJ:)

__________________

CAG Depends Purely Upon Donations. Please help us to continue helping you, and give what you can - Thank you:grin:

Click to donate

 

Please click my scales, if you feel the need;)

Link to post
Share on other sites

Hi lilly white , Thanks for the input regarding Letter of assignment.

I understand the points that you have put forward, am I also correct in stating that it has to be served by the assignee and not the assignor , also – Link have sent a screen dump of the internal document tracking program as proof of posting.

Any thoughts.

Link to post
Share on other sites

i belive you have the answers

 

Me thinks they are trying it on one does wonder why they took this to court.

  • Haha 1

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

Link to post
Share on other sites

assignor

136. Legal assignments of things in action.

— (1) Any absolute assignment by writing under the hand of the assignor (not purporting to be by way of charge only) of any debt or other legal thing in action, of which express notice in writing has been given to the debtor, trustee or other person from whom the assignor would have been entitled to claim such debt or thing in action, is effectual in law (subject to equities having priority over the right of the assignee) to pass and transfer from the date of such notice—

 

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

Link to post
Share on other sites

196. Regulations respecting notices.

(4) Any notice required or authorised by this Act to be served shall also be sufficiently served, if it is sent by post in a registered letter addressed to the lessee, lessor, mortgagee, mortgagor, or other person to be served, by name, at the aforesaid place of abode or business, office, or counting-house, and if that letter is not returned [by the postal operator (within the meaning of the Postal Services Act 2000) concerned] undelivered; and that service shall be deemed to be made at the time at which the registered letter would in the ordinary course be delivered.

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

Link to post
Share on other sites

I understand your point, but! Are the Courts adhering to and following statute Law?

 

196. Regulations respecting notices.

(4) Any notice required or authorised by this Act to be served shall also be sufficiently served, if it is sent by post in a registered letter addressed to the lessee, lessor, mortgagee, mortgagor, or other person to be served, by name, at the aforesaid place of abode or business, office, or counting-house, and if that letter is not returned [by the postal operator (within the meaning of the Postal Services Act 2000) concerned] undelivered; and that service shall be deemed to be made at the time at which the registered letter would in the ordinary course be delivered.

Link to post
Share on other sites

. For the assignment of a debt to be effective and so giving the Claimant a right of action a valid Notice of Assignment must have been sufficiently served on me using a registered postal service pursuant to s196(4) before proceedings were commenced. The Claimant is put to strict proof that any notice of assignment was sufficiently served on me before proceedings were commenced. Without this proof, the Claimant has no right of action.

 

 

Just say this that is it

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

Link to post
Share on other sites

Well always a call if i was the judge i would want to see these docs

 

i am sure so would you however we are not the judge

 

may i wish the best of luck

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

Link to post
Share on other sites

If the claimant is relying on the issuing date of a default notice as the cause of action for the starting point of the six year rule in the limitations act and in court he states that he hasn’t got the actual default notice to substantiate his claim that the debt is not statue barred. Would I be allowed to request that the claim be struck out as the debt is clearly statue barred?

Any Thoughts?

 

Can any one advice on the following statements made by MBNA in response to my CPR request for the following documents :-

 

Default notice - “the default was issued in August 2001. As this is over six years ago, we are legally no longer required to hold a copy of this.”

 

Letter of assignment –“Link informed us that they issued this to your correct address in April 2005.”

 

A full breakdown of the disputed debt –“As stated in my earlier letter, we do not hold statements over six years old and therefore cannot provide this.”

 

I am due in court on Friday 28th for my N244 Court Order request for the above mentioned documents and if they are not supplied the claim be struck out.

 

The following is my current Thread

http://www.consumeractiongroup.co.uk/forum/legal-issues/139522-clarification-re-statute-barred-14.html

Link to post
Share on other sites

 Share

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...