Welcome & HFO Services

[coledog]

And don't forget the postage and delivery service costs

[dadofholly]

And don't forget the postage and delivery service costs

 

Good point my canine friend - them pitney bowes aint cheap to run you know.

 

i should have used that silverpoint couriers.

[DonkeyB]

Good point my canine friend - them pitney bowes aint cheap to run you know.

 

i should have used that silverpoint couriers.

 

I’ve heard they’re very good for deliveries in the Wimbledon area. In fact, only one building in the Wimbledon area.

[broken arrow]

Hello Jonathan - hope you are well:-)

 

Been a few developments my end - I hope no one has done anything naughty - or illegal.

naughty, illegal

[coledog]

Homer - your Inbox is full - it must be all the begging letters for when you get your DOH!

[dadofholly]

Homer - your Inbox is full - it must be all the begging letters for when you get your DOH!

 

Should be clear now

[dadofholly]

Hi Guys

 

Regarding NOA's and assignements in general.

 

1. Is an NOA all that is needed to prove a change of ownership of debt?

2. If the OC has the Actual Assignement - (or shold have one) - should they issue a copy of this if requested under an SAR - EVEN if they have sold the debt?

[loanbuster]

DH

 

The NoA is all that is required to be produced to the alleged debtor by either the assignor or the assignee, however, the deed is a different kettle of fish. BC are not too forthcoming with this, although I think that there are a few fragmented copies (first and last pages floating aout).

EDIT

---------------------------------------

In an ideal world with perfect unambiguous documentation, I would imagine that an original copy on proper letterheaded paper, would be acceptable as evidence of a credible transaction having taken place.

---------------------------------------

 

If the OC alledges that THEY sent the NoA, then accordingly, that should be included in the SAR, as it is a document that originated from thier organisation. This is where they have screwed up big time with me, but the less said about that here the better. they told me that they are under no legal obligation to produce the deed as this is so called confidential.

Edited October 22, 2010 by loanbuster

[dadofholly]

Thats what i have been told by welcome.

 

However there are "other" issues with the NOA

 

I also recall a case in the high court - i believe it was Lord Denny - who said something along the lines of the actual assignment should be available to court. - but now can't fine it - google time me thinks.

[postggj]

I have requested three times for the deed of assignment

 

on each ocassion the judge ordered it to be produced

 

on each ocassion the claimant withdraws there claim rather than release the deed of assignment

 

request it

 

its your right

 

mind you

 

it will be edited alot and ive only ever seen one actual deed of assignment

[dadofholly]

Hi Post

 

Am going to drop u an e-mail

[postggj]

Thanks

[broken arrow]

Hi Guys

 

Regarding NOA's and assignements in general.

 

1. Is an NOA all that is needed to prove a change of ownership of debt?

2. If the OC has the Actual Assignement - (or shold have one) - should they issue a copy of this if requested under an SAR - EVEN if they have sold the debt?

 

The purpose of the NoA is to inform you of change of ownership and this can be done by either assignor or asignee, the NoA does not prove ownership, it just gives you notice.

 

Would this be in your SAR, with HFO only if they have passed a copy back to the OC as we know HFO always give the notice.

 

Would the OC have the Deed, of course they should, are they obliged to give you a copy, No, this is because all the agreements betwen OC,s and HFO do not mention any specific accounts, so no personal data is within it, so the data subject is not entitled to it in their SAR.

 

What they do is send all the account on a CD rom to HFO, the deed mentions this.

 

Can you see the Deed, yes you are entitled to see what they state in the POC, ie assignment, if they are not forthcoming you obtain a court order for them to produce, the Judge wanted to see it at my set aside, they discontinued shortly after.

 

The Deeds for HFO are legally flawed.

 

As I stated last week HFO and OC,s do collude, I think this has now been proved.

 

Have you made Welcome aware of that settlement letter yet, that might make them sit up, very naughty in my opinion.

 

B A

Edited October 22, 2010 by broken arrow

[dadofholly]

Have you made Welcome aware of that settlement letter yet, that might make them sit up, very naughty in my opinion.

 

B A

 

Yes have spoke to welcome about this - they say it has not come from them - at least they do not have a copy on their records

[postggj]

THANKS FOR THE EMAIL:jaw:

[postggj]

Be aware on whats said/ infer now on an open thread

[dadofholly]

Be aware on whats said/ infer now on an open thread

 

Thanks Post

 

All parties are aware of the need for discretion now.

[broken arrow]

Yes have spoke to welcome about this - they say it has not come from them - at least they do not have a copy on their records

 

I know what I would do with that letter, their tactics are getting out of hand.

[dadofholly]

I have requested three times for the deed of assignment

 

on each ocassion the judge ordered it to be produced

 

 

Hi Post

 

At what stage in the proceedings woul i need to request this - allocation questionnaires have been sent.

[broken arrow]

If you have done CPR 31.14. CPR18 request you probally have requested it, you can make an N244 application to the court and order they disclose the deed, they normally give you a redacted copy with their WS.

[dadofholly]

If you have done CPR 31.14. CPR18 request you probally have requested it, you can make an N244 application to the court and order they disclose the deed, they normally give you a redacted copy with their WS.

 

would that be to welcome or HFO via T/R?

 

THough will check cpr i sent - think i did ask.

[broken arrow]

HFO/TR

As stated they do not like giving you a copy, but a Judge can order them to, then They will probally give up which I am surprised they have not already.

[dadofholly]

HFO/TR

As stated they do not like giving you a copy, but a Judge can order them to, then They will probally give up which I am surprised they have not already.

 

I have only contacted them once since case started - but will be contacting them again asking for the production of certain docs.

 

May force their hand a bit - they have no case now thats for sure.

[vjohn82]

Just so we make it simple...

 

The Notice of Assignment is the carrier of information contained within the Deed of Assignment between the OC and the new owner of the debt. The NOA is an essential part of the process and only takes effect from the date on the notice. If the notice does not contain the correct value for the debt it may be ineffective.

 

Hence why the Deed is an essential document for the court; if the information stream does not match then the assignment is void.

[broken arrow]

Don't forget that at common law (Court of Appeal Obiter in Van Lyn Developments) you are entitled to inspect the actual assignment to satisfy yourself it is valid.