Red Debt Collection - Help needed

[ims21]

Good Evening Brig & Teaboy

 

I've been looking at this discussion with interest because it is going to help me with a matter I am looking into at the moment.

 

As a matter of interest I did find the following thread which has some discussion which is perhaps of relevance.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?242324-Notice-of-Assignment-the-law-of-Property-Act-Arrow-Global

 

I don't want to hijack the OPs thread but in connection with the matter I am dealing with, a NoA was received from both the OC and New Owner in the same envelope which was delivered by ordinary mail. The new owner has not been contacted in any way and from the above it seems that they will not be able to enforce as the NoA was not delivered in accordance with the Act.

 

As I say...watching with interest

 

Best regards

 

ims

[teaboy2]

I am going to get one of my colleagues to research this, as I am inclined to the opinion at present there

is no prescribed order as to the use of of RP or RD only that it is deemed to be a ''method '' of service.

 

Well a registered letter as stated by the act, would in my opinion include both registered post and recorded delivery. But standard post is not as there is no prove of postage or delivery where as registered or recorded you do have such proof. It is the proof of postage/delivering that is important and what would be required when stricted to proof it was sent - either way though it must still be sent by the OC and not the DCA. Without such proof then a court would not beable to say one way or the other as to whether it was sent or not or recieved or not - hence why the act makes it clear it must be sent by registered post.

[teaboy2]

Good Evening Brig & Teaboy

 

I've been looking at this discussion with interest because it is going to help me with a matter I am looking into at the moment.

 

As a matter of interest I did find the following thread which has some discussion which is perhaps of relevance.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?242324-Notice-of-Assignment-the-law-of-Property-Act-Arrow-Global

 

I don't want to hijack the OPs thread but in connection with the matter I am dealing with, a NoA was received from both the OC and New Owner in the same envelope which was delivered by ordinary mail. The new owner has not been contacted in any way and from the above it seems that they will not be able to enforce as the NoA was not delivered in accordance with the Act.

 

As I say...watching with interest

 

Best regards

 

ims

 

Geuss that settles it then from the first through posts i read in the linked thread.

[BRIGADIER2JCS]

One last comment in the last 5 years iI hve not seen any assignments RD post.

But many from both OC and DCA separately or in the same envelope.

[ims21]

Hi both

 

Sorry, i didn't want my post to stop this discussion ....I was keen to see a (hopefully) definitive conclusion.

 

ims

[unclebulgaria67]

One last comment in the last 5 years iI hve not seen any assignments RD post.

But many from both OC and DCA separately or in the same envelope.

 

I think there has since been some case law regarding this issue. I am sure this has been discussed on CAG before, with a couple of cases quoted.

[teaboy2]

I think there has since been some case law regarding this issue. I am sure this has been discussed on CAG before, with a couple of cases quoted.

 

well the following confirms what i said - http://news.roslingking.com/?p=391, though i can not find any case law on notice of assignment, but that maybe due to any such cases being more about other things than the assignment itself - so it would be interesting to see some case law.

Edited June 28, 2011 by teaboy2
Link added

[jaygoku21]

thanks for your input, but im confused on what i need to do, i received a NOA through the DCA, which stated that they have bought and own the debt completely. as well as all other documents, statements cca blah blah.

 

what are my next actions?

 

should i respond to the DCA telling them that its unenforceable due to me not receiving a NOA direct from the Egg? or a DN? or Both?

 

Please help i'm a little lost and got another letter today threatening legal action as well as court?

[unclebulgaria67]

Well I gave my view some time back that you should ask Egg for a copy of the default notice issued. If you want to do that as part of an SAR, not naming just one document, then do it that way. But if they don't send you a copy of the DN as part of the SAR process, it does not mean that Lowell will not obtain one from Egg later on in the process i.e. if they went to court.

 

I can't see any issues with the NOA, as you have been given notice that Lowells are now the owners of the debt. Not sure it is relevant that you had not received anything from Egg.

[ims21]

thanks for your input, but im confused on what i need to do, i received a NOA through the DCA, which stated that they have bought and own the debt completely. as well as all other documents, statements cca blah blah.

 

what are my next actions?

 

should i respond to the DCA telling them that its unenforceable due to me not receiving a NOA direct from the Egg? or a DN? or Both?

 

Please help i'm a little lost and got another letter today threatening legal action as well as court?

 

 

Hi

 

Did you do anything about reclaiming charges etc as per the advice in a previous post?

 

If your letter re: court action full of "Might", "May", "Could" etc etc. If so its just threats. Probably be good of you could post that letter up for advice.

 

 

ims

[jaygoku21]

So send a letter to egg asking for a copy of the DN? what next after that if they send me a copy? what do i tell lowell in the meantime?

[unclebulgaria67]

If you just tell Lowell that you will be making further enquries regarding the way Egg conducted the account and will be back in contact in due course.

 

If there are issues with the charges applied, you should ask Egg for a response at the same time.

 

You could request the DN and a response about charges, in the form of a written complaint to Egg. While a complaint is ongoing with Egg, Lowell should put the account on hold.

[jaygoku21]

any suggestions on how the letter should be laid out and in what format, is there any templates i could use?

[BRIGADIER2JCS]

Have a look through the CAG library there's a lot of good templates.

[jaygoku21]

so what am i acutally sending egg then a letter about charges and the DN and how there didnt follow correct procedures is that right?

[jaygoku21]

or should i just request a SAR?

[jaygoku21]

wouldnt me sending a sar to egg invalidate my potential to go staute bar in 18 months?

[unclebulgaria67]

or should i just request a SAR?

 

Do whatever is easier for you. But within the SAR, ask for a range of information that you want them to include i.e full details of any charges made, calculation of interest charged, statements of account, any letters issued and a copy of any default notice issued.

[unclebulgaria67]

wouldnt me sending a sar to egg invalidate my potential to go staute bar in 18 months?

 

No because the £10 fee relates to the SAR request only.

[jaygoku21]

hows this then for a SAR request?

 

Subject access request

 

Dear Sir/Madam

 

Please supply me with all data that you hold on me. This includes in particular, but is not limited to, the following:-

 

1. The original signed, executed credit agreement/s and any terms and conditions that applied to the account/s at the time of default and at the time the account/s was/were opened.

 

2. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with you.

 

3. True copies of any notice of assignment and default notices or enforcement notice that you sent me, with a copy of any proof of postage that you hold.

 

4. Documents relating to any insurance added to the account/s, including the insurance contract and terms and conditions, date/s they were/ it was added and deleted. (if applicable).

 

5. Details of any collection charges added to the account/s; specifically, the date they were/it was levied, the amount of the charge, a detailed financial breakdown of how the charge was/charges were calculated, and what the charge covers/charges cover.

 

6. Specific details of the fees/charges levied by any other agency in respect of this account/these accounts and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

 

7. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

 

8. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

 

9. Copies of statements for the entire duration of the credit agreement/s.

 

10.Termination notices

 

PLEASE NOTE that unless otherwise stated by yourselves and if the above documents are NOT provided, it will be CONFIRMED that you are unable to reproduce/provide in any way shape or form any copies of the above requested documents. You are reminded that you have a duty to inform me if you do not have the above documents. This is confirmed in High Court Law - Ezsias v Welsh Ministers - [2007] All ER (D) 65 (Dec)

 

You are reminded that you are obliged to supply all the above documents in line with the Information Commissioners Technical Guidance update (Dated August 2007)

 

I enclose the statutory maximum fee of £10. You have 40 days in which to comply.

 

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

 

Yours faithfully,

[BRIGADIER2JCS]

As unclebulgaria said i post 34 the SAr is a good option see

the templates in the library, the cost is £10 and it will produce all the data held on the account,

they have 40 days to comply.

[jaygoku21]

just a quick question, i have the sar letter now and a letter to lowell, wont egg now know where i live now and wont they try pursuing me if lowell cant persue me?

[unclebulgaria67]

just a quick question, i have the sar letter now and a letter to lowell, wont egg now know where i live now and wont they try pursuing me if lowell cant persue me?

 

They can find out where you live anyway. Why if Lowell can't pursue, do you think that Egg will ? Original creditors such as Egg will often write off debts against tax liabilities and then pass or sell the debts on. They would make an assessment themselves before passing/selling on the debt, as to whether they are likely to make a recovery, based on a number of factors. These include their own assessment of the documents they hold and the ability of the debtor to make repayments.

 

Stop worrying too much and just see what the SAR reveals.

[LostAtSea]

With regards to Law Of Property act 1925 the original creditor has to issue the notice of assignment for Absolute Assignment to take place. If they fail to do this then Equitable Assignment under common law will apply. That would mean the assignee would be entitled to any money owed but ownership of the debt would still reside with the original creditor. The assignee could not bring the case before a court in their own name but can do, jointly, with the OC.

[jaygoku21]

just released that i have a small loan with egg outstanding to but never been chased by them for this or any DCA? the SAR would bring all details of this to wouldnt it. they may still own it. just thinking am i setting myself up for a fall here on the loan? Bollocks to it i need to send the SAR either way im screwed