Debt ownership

[steve2802]

I have a debt thats around 10 years old that I'm slowly paying off.

 

Over the years the debt has been passed from the original creditor (HSBC) to DCA to a different DCA to yet another DCA. In fact I've lost count how many DCA's I've had dealings with over this debt though I do know it's at least half a dozen.

 

What I was wondering was what are the chances of the latest DCA actually owning the debt or at least acting directly on behalf of the original creditor if they even have to?

 

As extra info in case it makes a difference I have a CCJ placed upon me by the previous DCA to the one I'm dealing with now. I admit I have the debt and am making agreed payments towards clearing it.

[Pinky69]

Ask the DCA for a copy of the Notice of Assignment giving them lawful permission to collect the debt.

[steve2802]

Thanks Pinky69 for the advice.

 

I've tried to find a template letter of Notice of Assignment but can't find one.

Does anybody have a copy of a template I could use?

 

Thanks in advance.

[maroondevo52]

There's one in this SAR.................

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/576-subject-access-request-debt-a-dca

 

What was the debt.

[lilly white]

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.(they owned the debt)

 

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.(acting on behalf)

 

 

 

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, (acting on behalf)

 

 

 

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 IF IT IS OWNED BY THESE PEOPLE, xxxxxxxx, YOU SHOULD HAVE a HAD NOTICE OF ASSIGNMENT IF NOT THEY ARE ACTING ON BEHALF

__________________

[lilly white]

http://www.opsi.gov.uk/RevisedStatutes/Acts/ukpga/1925/cukpga_19250020_en_1