Notice of Assignment

[Fossie]

Hi,

 

Not sure if this is the right place but after some advice please.

 

We recently received a statutory demand from Capquest and following guidelines on here and elsewhere we have applied to have this set aside. We also asked Capquest to provide (among other things) a copy of the "deed of assignment". In response to that they have sent the attached copy letter.

 

Would this constitute the "deed of assignment" or are they supposed to provide some other document? (am I right in assuming the actual agreement between them and Barclays is what's needed?)

 

Many thanks

 

Barclays 22 Dec 11.pdf

[42man]

Hi Fossie, I have unapproved your attachment as it has your account number in it

[Fossie]

Apologies - re scanned minus the number

 

Barclays (2) 22 Dec 11.pdf

 

[citizenB]

Fossie, for some reason the pdf isnt loading into post 3 - if you remove "Barclays" from the title it will remove the link and give us access to the document

[cerberusalert]

I've loaded it as an for you.

[Fossie]

3rd time lucky - fingers crossed!

 

Barclays (2) 22 Dec 11.pdf

[BRIGADIER2JCS]

Hi at no time will you be provided with a copy of the deed, you are not entitled to see sensitive/confidential documents such as this.

Notice of assignment is the document you have shown here it can be sent by the OC or the new owner of the debt or both.

IMO there is nothing to contest here.

[slick132]

Hi Fossie,

 

If the a/c was delinquent for some time, I assume there were penalty charges added by BPF.

 

These can, and should, be reclaimed in full along with restitutionary interest, to reduce the balance owed to CapQuest.

 

Same goes for any mis-sold PPI on the a/c.

 

Do you have full details of all a/c transactions so you can identify all penalty charges and/or PPI.

 

I assume you are OK so far is applying for the Stat'y Demand to be Set Aside.

 

[Fossie]

Thanks for clarifying Brigadier - will just have to continue on the other points we have raised then!

 

Slick - thanks to you also - the likelihood of penalty charges is one of the issues I've raised in the application to have the demand set aside - they've not actually provided a breakdown yet!

[slick132]

Hi Fossie,

 

I wouldn't rely on getting any info from CapQuest about charges. Send BPF a SAR if you don't have the a/c data yourself.

 

Also, I would not want to rely on the issue of penalty charges for getting the SD Set-Aside.

 

See more about CapQuest using (misusing) SD's here - http://www.consumeractiongroup.co.uk/forum/showthread.php?306742-Capquest-and-Statutory-Demands&p=3422496&viewfull=1#post3422496

 

Are you waiting for a breakdown from CapQuest. I'd focus solely on getting the Set-Aside and costs.

 

[Fossie]

Hi Fossie,

 

I wouldn't rely on getting any info from CapQuest about charges. Send BPF a SAR if you don't have the a/c data yourself.

 

Also, I would not want to rely on the issue of penalty charges for getting the SD Set-Aside.

 

See more about CapQuest using (misusing) SD's here - http://www.consumeractiongroup.co.uk/forum/showthread.php?306742-Capquest-and-Statutory-Demands&p=3422496&viewfull=1#post3422496

 

Are you waiting for a breakdown from CapQuest. I'd focus solely on getting the Set-Aside and costs.

 

 

Thanks - the penalty charges issue was just one several points I listed in the application. They've also yet to provide a copy of the original agreement so that's listed as well!

 

Will now also send off an SAR request as you suggest - thanks

[slick132]

Watch your deadline for Setting Aside the SD though.

 

[spamheed]

The document you have received is what passes these days for a notice of assignment, as an aside,

 

the Deed of assignment can be requested and should be produced if this goes to court, but from my experience it will be redacted to the point of uselessness.

when I got mine it was a blanket agreement with no information linking me to them, dates which conflicted with their POC, it proved quite useful