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Anyone REALLY good on Assignment Law


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Hi All

 

Cut a long story short here had two DCA bought my old CCJ Of 10 years still payin & up-to-date with all my payments 2nd DCA now taken me back to Court earlier this year to be substituted as new claimant even though they bought the debt 8 years ago! and got the order due to only giving me one working days Notice of their Application and witness statement before the hearing thus giving me no time to form a defence and now they are going for a variation order!!!

 

In their witness statement it is stated that my debt had been sold to the 1ST DCA in November 01 (WHICH I NEW NAFF ALL ABOUT) then it was sold onto the current and 2ND DCA to which I did receive a copy of their assignment back in August 03 and it also stated on the witness statement that on EACH occasion a copy of the assignments has been sent to me at my home address which has never changed.

 

I have since sent a CPR31.16 Request to the 2nd DCA for a copy of the first assignment notice that they state that I have received from the 1st DCA.

 

They have since replied to me stating that as they were not party to the first assignment they do not have a copy of the Notice of Assignment that was called sent to me, yet they have sent me just about every other document appertaining to the first assignment and sale .

 

Had a feeling they would struggle to find it as I never received one that's why!

as I keep all my documents even post judgement ones.

 

Question is: going off the LOP Act 1925 sec 136 & 196 if you do not receive a copy of the Notice of Assignment then it is dead in the water so to speak and also you would have thought that when the 2nd DCA bought this debt off the 1st one that they would have had to be given a copy of the first Notice of Assignment to prove everything from the 1st sale had been done legally?

 

Begs the question should this 2nd DCA have been allowed to buy this debt under the circumstances and how can they quote in their Witness statement "that on EACH occasion a copy of the assignments has been sent to me at my home address" which has never changed WHEN THEY HAVE NOT GOT A COPY OF IT?

 

 

What are your thoughts on this please as I have to go back to Court after Christmas to state my case.

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I'll flag this thread to the site team who will move it to the legal issues forum where there are a few legal bods :) Good luck.

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Thread moved :-)

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