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MKDP LLP Defective Notice of Assignment


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Hello,

 

I asked MKDP for a deed of assignment,

 

the response back from them was to send a notice of assignment which has an incorrect outstanding balance on it.

 

To be honest I suspect they copy/pasted and forgot to change the outstanding amount.

 

Any suggestions where I go from here?

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You are Not entitled to see the deed of assignment, it is the contract between the debt seller and the debt purchaser and is confidential.

The NOA is easily corrected and I expect it will be once it's queried, all you really need to know is that the debt has been acquired by a 3rd party.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

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You are Not entitled to see the deed of assignment, it is the contract between the debt seller and the debt purchaser and is confidential.

The NOA is easily corrected and I expect it will be once it's queried, all you really need to know is that the debt has been acquired by a 3rd party.

 

Well that's me thoroughly confused as to what the point of the NOA is.

 

I stupidly thought it was a letter from the original creditor indicating assignment of the debt.

 

Evidently the DCA can just write one themselves and pass it off as coming from the original creditor.

 

In most circles that's fraud.

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An NOA can be sent by the original creditor and or the debt purchaser, there is no basis in your theory that a debt purchaser can just 'write' an NOA, many creditors authorise a DP/DCA to use their template NOAs.

 

Where would the DCA etc., get the details of your debt, your address etc., other than from the creditor??

There is no fraud in this.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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An NOA can be sent by the original creditor and or the debt purchaser, there is no basis in your theory that a debt purchaser can just 'write' an NOA, many creditors authorise a DP/DCA to use their template NOAs.

 

Where would the DCA etc., get the details of your debt, your address etc., other than from the creditor??

There is no fraud in this.

 

Well yes there is;

they specifically state the copy NoA provided was issued by the original creditor

when the account was assigned to them.

 

Are they allowed to claim something came from the original creditor and write it themselves too?

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what the debt all about?

 

send the buggers a cca request too

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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and yes they can both come from the debt buyer on NoA returns

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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what the debt all about?

 

send the buggers a cca request too

 

dx

 

Letter already composed to that effect, stating that as I'm sure they actually do have the documentation they claim to it all shouldn't be a problem.

 

I struggle to believe a DCA can blatantly write letters claiming to be from someone else and this be legitimate.

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It has been stated that you have been sent a copy of the NOA provided by the creditor at the time of the assignment, there is no 'loophole' to exploit.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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As said many creditors who regularly use a specific DCA authorise the use of the NOA template there is nothing blatant, unlawful or illegal,

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Right let's get this out of the way.

 

It's not the notice of assignment that was sent to me way back when.

 

This was something the DCA made up on the hoof. They are lying when the claim it came from HSBC and they are lying when they claim it's a copy of the NOA issued.

 

Thanks for the 'help'.

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  • 5 months later...

Hi All,

 

So our friends from Keynes sent me the usual letter before action and, despite my sending a response within the time limit, I received the paperwork from Northampton.

 

I have completely messed up the defence - frankly I panicked.

 

1) Letter before action non-compliant for following reasons:

 

A) No list of documents to be relied upon in court.

B) No preferred ADR option offered to resolve dispute.

C) No mention that a response was required within 14 days, only a

specific mention that an agreement to pay required within 14 days,

which is not the case. Pre-action protocol requires a response,

not an agreement to comply with claimant.

 

2) Letter sent recorded delivery, reference KF733146444GB, signed

for by claimant within 14 days of letter before action ignored,

claim issued 11 days later with no response.

 

3) No default notice provided despite request.

 

4) Notice of assignment as provided not valid - the amount

outstanding at time of sale according to the notice of assignment

does not match the amount on this claim.

 

I sent a letter after receiving the claim marked without prejudice continuing to deny the debt but, due to ill health, offering them a settlement of a monthly payment for a period followed by a single one-off payment to settle the debt, because I want this to stop hanging over me.

 

Their response has been to accept the monthly payment, reject the one-off payment, and they've informed me that:

 

You will receive a judgment notification from Northampton (CCBC) County Court to confirm acceptance

 

Any thoughts on next steps? They appear to be rejecting an offer of an out of court settlement to pursue action and seem to suggest that they will have judgement entered summarily regardless.

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so since November you had a claimform

 

and now have a CCJ regarding this debt

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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No Sir.

 

There is no CCJ yet, they have put forward their claim and I have responded with the rather poor defence above.

 

They appear to want to accept an offer of payment out of court while continuing to pursue court action, in addition they appear to have not noticed that I submitted a defence.

 

I am not up to speed with legalese. Are they permitted to do this or is this, as it seems, an error which I have comeback on.

 

I am rather keen on avoiding this sitting on my credit record for a further 6 years.

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  • 2 months later...

hey great news!!

though do check with the court

 

NEVER take the claimants word for it

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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