Assignment of Debt - What does thsi prove

[Blondie40]

I recently wrote to DCA requesting confirmation of assignment (absolute or equitable) of credit card debt and this is what they have supplied in return:

 

Assignment of Debt

 

SUBJECT TO CONTRACT

 

THIS AGREEMENT is made on XX XXXX XXXX

 

BETWEEN

 

(1) CREDITOR Bank plc a company incorporated in England under the Companies Act with registered number XXXXXXX and having its registered office at XX XXXXX, XXXXXX XXXX XXX (the “Seller”): and

 

(2) DCA (Registered Number XXXXXXX) whose registered office is at XXXXX XXXX, XXXXXXX, XXXXX XXXX XXX (the “Buyer”).

 

Each a “party” and, together, the “parties”

 

BACKGROUND

 

(A) The Sellar and other members of the Seller's Group are, inter alia, in the business of providing credit to consumers.

 

(B) The Seller hereby agrees to assign (or procure the assignmnent of) the Debt on the terms set out in this Agreement.

 

NOW the parties agree as follows:

 

OPERATIVE CLAUSES:

 

1.INTERPRETATION

 

1.1 In this Agreement and the schedules to it the following expressions have the following meanings:

 

“Account” the accounts listed in Schedule 2

 

“Account Agreement” a copy of the agreement with the Customer which includes the terms and conditions of the Account

 

“Agreed Rate” in relation to interest accruing in respect of any day means 4% above the base rate of XXXXXX plc prevailing at the close of business that day

 

“Agreement” this agreement

 

“Affiliate” any person which is, in relation to a company, its parent or undertaking or its subsidiary undertaking, or a subsidiary undertaking of its parent undertaking or any other person controlled by or under the same control either directly or indirectly. “Parent

 

 

and that's it. How does this prove that a debt has been assigned as they have claimed. They have stated in an accompanying letter that they will not be able to supply a full copy of the agreement (I take it they mean the Deed of Assignment) because the information contained within it is commercially sensitive.

 

They have also requested a copy of the agreement from the OC, as they were unaware of any previous request made to our client, on my behalf. But go onto say that if they are unable to provide a copy of the original agreement, they will be able to supply a true copy of the document(s) that make up the agreement which will comply with section 77-79 of the Consumer Credit Act 1974.

 

This will be interesting as OC still haven't supplied one in response to my s78 CCA 1974 request over two years ago.

 

Also how can the OC be their client if the debt has been assigned, the OC would only be their client if they has passed the account on for collection.

 

Wrote to OC requesting confirmation debt has been sold - HAD NO REPLY

[make them aktiv runners]

(B) The Seller hereby agrees to assign (or procure the assignmnent of) the Debt on the terms set out in this Agreement.

 

Without providing the terms mentioned above there is no evidence to show which type of assignment it is.

 

Without the full document complete with signatures of seller & buyer, it is impossible to prove the contract is legally binding upon those 2 parties.