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Cabot/nolans SPC Claim - old Tesco credit card

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yea of course I understand that but I doubt cabot do hence the title of the letters they would have sent and skooch not able to find one entitled intimation. bet they are there sadly


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Unlike notice of assignment (which is not necessary in order to create an equitable assignment), an assignation must be intimated before it creates a security interest in the asset.

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?270695-Assignation-and-Intimation


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May be of interest start from post#189 this claimant tried to pass of a Portfolio of Debt assignment insisting it was a Notice of Assignment..the Judge dismissed their claim.

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?432463-claim-form-IND-Heggarty-on-old-Lloyds-(5-and-a-half-years)-credit-card-debt***Claim-Dismissed***/page12


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I am surprised a Glasgow sheriff is asking for NOA.

its not needed in Scotland.


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It is required

 

If a Legal Assignment has been made, part of the purchasing company’s obligations are to inform you of the situation via an official Notice of Assignment, and let you know that payment should be made to themselves rather than your former creditor.

 

There are two types of debt assignment ....Legal Assignment & Equitable Assignment.

 

The Law of Property Act, 1925, lays down the requirements for both types of assignment. The criteria for a Legal Assignment include:

 

It must be made in writing (Deed of Assignment)

Notification must be sent to the borrower (Notice of Assignment)

The assignment must be absolute

 

Legal Assignment gives the assignee powers to enforce the debt, unlike an Equitable Assignment where the purchasing party is unable to take enforcement action in their own right.

 

Under an Equitable Assignment, only the amount owed is assigned, and not the original creditor’s rights and responsibilities.


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evidence see upload

=============

 

see C4 14. 12. 14 ""intimating"" assignnation

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

 

I've uploaded the only letter I've received with the date above

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

 

I will scan and upload the 30 pg document soon

 

portfolio upload... I only received an unnumbered page, pages 2-11, 22,23, 29, and the signed page 29.

 

do you think my post #25 should be used as evidence... it shows credit card statement and transaction report and credit card notes report from TESCO after the date of assignment

 

just another point 2 days before the last court meeting they emailed me (must've got email from the SPF I sent to the sheriff) to offer a 60% discount I did not reply...

 

Also I suffer from a few mental health issues, I'm getting a letter from my doctor stating what I suffer from, will take up to a week to come..

 

Is there anyway to get the default notice back on the table, as I thought this would still be active as ordered because it wasn't produced.

I didn't know I should have pushed for it at last meeting.

evidence.pdf

portfolio.pdf

Edited by dx100uk
merge

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it will eventually end up that they don't have a default notice

 

its all smoke and mirrors frim nolans trying to divert the sheriff away from this.

which might be why he has asked to see the NOA..which they have complied with now and can produce

so it will move forward to a hearing option next.


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I've got to return this (upload) asap, I got it yesterday...

 

could I have some help with reply

SPO.pdf

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The only disputed issue ( according to the order) as per the above letter is proof of assignment from Tesco to Cabot...no mention of the NoA. Well they have proof for that as you have uploaded it...the Portfolio exchange of debts.

 

But that does not satisfy as per my last post....

 

The Law of Property Act, 1925, lays down the requirements for both types of assignment. The criteria for a Legal Assignment include:

 

It must be made in writing (Deed of Assignment) yes they have that although it does not confirm if its a Legal or Equitable Assignment

Notification must be sent to the borrower (Notice of Assignment) They have not provided this

The assignment must be absolute.

 

So if no NoA is provided then the Legal Assignment is incomplete and therefore the claimant is unable to to take enforcement action in their own right (Name)

 

And yes you keep the Default Notice issue on the table...insist on it.

 

Andy


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