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Bank sold account and did not send a 'Notice of Assignment' - where do I stand?

Lenny Nero

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Hello cag members, I have been an avid reader for a while now, hope you can give me some advice. I'm going to be a bit vague with the details as I am paranoid about who reads this.


I had been making reduced monthly payments to my bank for some time on a loan account. A personal emergency forced me to miss several payments. I have not had any sort of default registered on my credit file in this time.


Out of the blue I received a letter from a debt collection agency titled 'Notice of Assignment' informing me that they the bank had assigned all of the banks right title and interest in the account to the debt collection agency. They then go on to tell me that they in turn assigned all of their right title and interest in the debt to a third party. Conveniently the third party has appointed the debt collection agency to collect on this account.


Before I go down what I believe to be the tried and trusted cag route of a CCA request, I'd like to explore the legalities of this 'Notice of Assignment'.


Some months have now passed, and I have received no correspondence at all from the bank stating that this account has been sold on, not a dickybird.


My understanding is that any 'Notice of Assignment' letter should have been from the bank itself and not from the new owner of the account - is this correct? Should any letter from the bank have been sent recorded delivery? Should this letter have included anything for me to sign agreeing or acknowledging the transfer of the account?


I have since received a letter from the debt collection agency telling me I am in default of my agreement. It goes on to threaten interest, a CCJ and bailiff visit. Like a fool, I rang the number on the letter, only to be shouted at while the cretin on the other end of the line demanded a payment 10 TIMES what I was paying to the bank. I tried to point out that I had no agreement with the debt collection agency but he wouldn't listen.


While I'm happy to initiate a CCA request, I'd like to have some ammunition on standby in case the debt collection agency actually sends an agreement. I'd like to know where I stand regarding not having received a notice of assignment from the bank. Are the bank obliged to send one, should it have been recorded delivery, should I signed and returned my agreement in this, and is this debt collection agency printed noticed of assignment actually worth the paper it's printed on?


Assuming they do produce a CCA, have they any legal right to enter a default on my credit file, or take me to court without proof of a notice of assignment from the original creditor - the bank itself?

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Guest Old_andrew2018

Regarding the NOA you are correct the bank and not a DCA must issue this, the bank may have sent one and it simply didn't arrive.

The DCA must prove that they have a right to collect monies from you, and they must have a DEED OF ASSIGNMENT.

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