Reconstituted Notice of Assignment

[Trigger1]

Received a what the DCA says is a "reconstituted" Notice of Assignment. They have also managed to write it on the original lender's letterhead.

 

By definition, it is a Notice of Assignment that they have made up themselves, isn't it ?

 

If I'm right, how did they produce it on the lender's letterhead ?

 

How valid is a reconstituted N.O.A ?

[maroondevo52]

Thread moved.

[pompeyfaith]

Hiya Trigger,

 

Can you scan it and post it up here so the more knowledgeable can have a look and offer advice.

 

Remember to remove personnel details like name, address, account numbers etc.

 

You could use photobucket.com to scan it too use the editing tools on there resave and then post the link into this thread.

 

Regards

 

PF

[hungrybear]

as pompey says, give us a laugh - I mean look! Let me guess it's unsigned and ends something like yours sincerely a bank plc? I doubt its the oc's letterhead, its more likely using the logo off their website.

[vjohn82]

Ooohhh... my favourite topic this. Perhaps you can send them a reconstituted invoice for services rendered to their office? lol

 

Morons... post it up... let's take a look.

 

I might add that under s.196 notice of assignment must be sent via recorded delivery prior to the issue of proceedings.

[Trigger1]

Looking at the letter from the DCA again, I find it strange that they claim to have "purchased my Mastercard from the original lender". There had been two other DCAs who wrote to me about this matter prior to this DCA taking over.

 

I am unclear on this chain of DCAs.

 

Does a DCA return the claim to the original lender that then resells it to another DCA ?

 

If it doesn't, how could this DCA claim to have purchased the debt from the original lender if it had been handled or purchased by two DCAs before ?

 

As to posting the letter, I'd rather not do this at this stage. Apologies if that is preventing you lot from giving your helpful advices. They are much appreciated.

 

I take it that DCAs don't (shouldn't) have blank letterheads of original lenders to write anything they liked on (including "reconstitued" Notice of Assignments ) nor do they have lenders' authority to do so.

 

If the DCAs is printing the letterheads off the lenders' website, it could be considered as a rather dubious way of going about their business, couldn't it ?

 

There is a signature of the Collections Manager at the end but no printed name. And it's impossible to decipher the name from the signature.

 

One other interesting feature of the letter is that the text for the name of the lender and the bit right at the bottom that gives the registered address, etc is in blue while the contents of the letter is in black.

 

This may be totally irrelevant but thought I'd mention this.

[vjohn82]

Unless the account is assigned then the debt collector is just "collecting on behalf" of a company.

 

When the account is "sold" then the assignment process must be lawful.

 

I have many cases where an account has been sold and the DCA "forged" the letters. It's difficult to prove in court though.

[vjohn82]

As to posting the letter, I'd rather not do this at this stage. Apologies if that is preventing you lot from giving your helpful advices. They are much appreciated.

 

Just blank out your personal details as per the forum rules.

[Trigger1]

Thanks VJohn82.

 

Well. This DCA says that they have purchased the account.

 

So, would you enlighten me on the correct legal procedure of assignement of a liability, please ?

[Trigger1]

Hi VJohn82

 

When you say that you have many cases, may I ask what you do ( not meaning to be rude or nozy ) , please ?

[vjohn82]

Thanks VJohn82.

 

Well. This DCA says that they have purchased the account.

 

So, would you enlighten me on the correct legal procedure of assignement of a liability, please ?

 

Section 136 and 196 of the Law of Property Act 1925 deals with this:

 

Law of Property Act 1925 (c.20)

 

Hi VJohn82

 

When you say that you have many cases, may I ask what you do ( not meaning to be rude or nozy ) , please ?

 

Volunteer advisor for a local government scheme, part time advisor for C.A.B on consumer issues and trainee secondary History/Citizenship teacher.

 

See my links at the bottom of my posts for threads which deal with assignment. I am currently in litigation with HFO/Turnbull Rutherford regarding the assignment of an account and have been to court on the issue.