Re-assignment of Debt for wrong amount

[WA_Newman]

I received a Notice of Assignment from a DCA #1. The DCA claimed it was an absolute assignment of a debt originally owed to Barclays.

 

A Barclaycard account number was quoted along with an amount owed.

 

Naturally I queried the debt but all I received was a notice of intention to summons followed by a summons.

 

There are a number of technical queries but the two I really need assistance with are:

 

1. The Law of Property Act states that an assignment is valid on the date of receipt of the notice of assignment. Everything seemed fine until further research found out that Barclays hadn't assigned the debt to the DCA #1. Barclays had assigned the debt to DCA #2. DCA #2 assigned the debt to DCA #1. This has now been acknowledged by DCA #1.

 

My understanding is: If I never received a Notice of Assignment following the assignment from Barclays to DCA #2 then that assignment isn't valid until I receive such notice, and the assignment is only valid from the date of receipt of the notice. Therefore, if there has not yet been a valid assignment from Barclays to DCA #2 then DCA #2 can't assign the debt to DCA #1 as it is not possible to to assign something you don't own.

 

2. The Notice of Assignment gave an account number (which was a credit card number) and an amount of 31K. However, statements from Barclays and the DCA's Statement of Claim to the court show that the amount claimed on that card is only a 12K. There are two other accounts, one for 10K and one for 9K. The three added together add up to $31K but only one account number is mentioned on the Notice of Assignment.

 

My understanding is: If the amount on a Notice of Assignment is incorrect then the Notice of Assignment is invalid and a new Notice of Assignment must be issued. Furthermore, the summons following the Notice of Assignment must be withdrawn and a new one issued after the new Notice of Assignment. Also, if the Notice of Assignment failed to identify the other two accounts they can't be included on the Notice of Assignment, a new Notice of Assignment would need to be issued by the DCA.

 

Is my understanding of these two matters correct? If so I would really appreciate some case law references as this is almost certainly going to court. Also, DCA #2 made reference to debt previously owed to Barclays. Is there any requirement for the assignee to be mentioned on a Notice of Assignment? Again, case law would be great.

[WA_Newman]

Forgot to mention the fact that if the Notice of Assignment is incorrect and a new one needs to be issued, along with a new summons, the debt would now be statute barred.