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Notice of Assignment question


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Hi, Global Arrow are threatening to take me to court for a debt assigned to them from MBNA.

 

Ok, I believe the CCA agreement is very likely enforceable as I took it out online in 2006. I have

a copy and from what little I know it has "a right to cancel" etc.

 

I have recieved a letter from "Global Arrow" and also an "Assignment Notice" from them.

 

The first letter I recieved reads....

 

"We refer to the above and to the previous letter advising you that the debt owed by you to MBNA has been assigned to Arrow Global. We are a Debt Collection Agency (DCA) and have been appointed to collect payment of your debt."

 

The letter which indicates "Notice of Assignment"

 

Debt Owed to Arrow Global Ltd

Amount Outstanding XXXXX

Assigned By MBNA

 

We advise you that MBNA has assigned all of its respective rights, title and interest in respect of the above referenced account (including the right to recieve payment of the outstanding balance) to Arrow Global limited, effective 12th June, 2010.

 

Total outstanding XXXX

 

Any payments made on this account after 12th June 2010 will be passed to Arrow Global Ltd and will be deducted from the current balance above.

 

It is essential that all future payments and correspondence regarding this account be directed to:-

(Their address in Glasgow)"

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

Ok, it looks that they have "Absolute assignment" and therefore can take me to court?

 

However on another thread I have read the following. (Thread Aktiv)

 

There are two types of deed of assignment - equitable and absolute. The first assigns the right to pursue the debt to the assignee but not the obligation of the OC. The second assigns both the rights and obligations of the assignor to the assignee. However, in order for this to be legally binding you as the debtor would have to give your consent to such an assignment.

 

My question: If they have absolute assigment, can I refuse assignment to Arrow Global and if so how do I go about it? Is it a strong case?

 

Any help would be most appreciated

 

JJ

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A deed of assignment comes under the law of property act, which has made me think I may have been giving out duff info where NOA's are concerned!!!!:undecided:

However a notice of assignment comes under the Consumer credit act, that said it would depend on the wording from the DCA or creditor as to which form of attack you would use.

 

So the letter you have from MBNA advising all payments to be sent to AG, is simply a notice of assignment as stated, and would therefore come under the CCA and requires no input from you, good question about Deeds of assignment mind, I'll have to have a dig about for that!

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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However a notice of assignment comes under the Consumer credit act

 

Can you direct me to which part of the CCA, NoA comes under.

US President Barack Obama referred to Ugland House as the biggest building in the world or the biggest tax SCA* in the world.

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Hi Bazooka Boo, thanks for your reply. Im out of my depth here. All I

can say is the snippets of info in my original post, are copied exactly

from the letters.

 

What I need to know is that if it an "Absolute assignment" can I

do anything about it? The quote I posted from the other thread, suggests

I have to agree for it to be legally binding. But who the hell is going to agree

for a that to happen? Very confusing.

 

JJ

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s 136 of the law of property 1925 states

Any absolute assignment by writing under the hand of the assignor (not purporting to be by way of charge only) of any debt or other legal thing in action, of which express notice in writing has been given ..........

 

notice being Notice of Asignment.

US President Barack Obama referred to Ugland House as the biggest building in the world or the biggest tax SCA* in the world.

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NoA comes under S135 Law of Property Act 1925. If it's not done in accordance with that act, then the assignment may be equitable, which means Formal action CCJ etc., can't be done without the original creditor

I am a lawyer, but I am an academic lawyer. I do not practice as a barrister or solicitor. You should consult a practising Solicitor BEFORE taking any Court or other action

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Hi Count 12

 

don't know if this will help make matters any clearer re Assignments

 

http://www.insolvency.gov.uk/freedomofinformation/technical/technicalmanual/Ch25-36/Chapter31/part9/part4/part_4.htm

 

Not 100% sure but if it is absolute then think they have to buy the debt for the whole amount you owed at the time. Sure I have read that somewhere maybe in the above.

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cant remember where I have seen this but here it is

 

An absolute assignment is one that transfers the assignors entire interest to the assignee unconditionally, If less than his entire interest ( eg part of the debt) is transferred, or if any condition is attached to the transfer (eg that the consent of a third party be obtained) the assignment is not absolute

 

I made a note of this for mine and then asked for a copy of the DOA, they sent it to me minus the figure they bought it for (NEW THEY WOULD) but if it went to court you could always ask the judge for them to disclose that figure to make sure they did not pay less for the debt than they where suppose to if they did (which can you honestly see a DCA buying a debt for the full amount) then if I am reading the above right they would be up s##t creek if they were claiming the assignment was absolute!

 

Also on absolute assignments dates have to be correct etc as in the information in the post above.

 

Hope this helps.

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Hi Tinkerman, thanks for your input. What is a "DOA"? Should I write to Global Arrow and

ask if the "Assignment" is absolute or equitable? Maybe a letter to MBNA?

 

Any suggestions are greatly appreciated,

 

Thanks again

 

JJ

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Hi Pathway, I will check if MBNA have confirmed assignment, I recall a letter

saying they were going to sell the account on. That was months ago. However

im pretty certain that the only "offical" letter stating "NOA" is from Global Arrow.

 

I will check now.

 

Thanks

 

JJ

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The Assignor MBNA does not have to give you notice.

 

The NoA does NOT have to be from the OC - it can be either from the Assignor or Assignee (Holt v Heatherfield Trust Ltd [1942] 2 KB 1

Edited by broken arrow

US President Barack Obama referred to Ugland House as the biggest building in the world or the biggest tax SCA* in the world.

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Hi Pathway, no I havent recieved a NOA from MBNA. I do have a default notice, and the amount on

this is the same as Arrow Global are claiming to the penny. However the default notice says I can remedy

the breach by paying an amount before 22nd June 2010, and yet the NOA from Arrow Global say they

were assigned the rights on the 12th June 2010? Is this significant? Looks like they Arrow Global were

assigned the rights before the default notice was issue?

 

Thanks

JJ

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