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Notice of Assignment Query?


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Hello

I'm just looking at an old debt to check if due process was followed correctly.

 

A  few years ago a large financial institution gave me 2 short-term loans with two separate registered entities/companies [lets call them Company A and Company B] under its parent hat.    The loan in Company A was considerably larger than the loan in Company B.   Both loans had the same repayment date..   

I didn't repay either of the loans by the due date.   

 

Fast forward many months and a legal claim arrived from lawyers acting for only one of the companies, Company B.

When I looked through the papers I noted  that the lawyers had 'consolidated the two loans together as one big loan.    They had assigned the larger value loan in Company A into the lower value loan in Company B.     But they had never notified me.  Never sent any notice of Default on either loan.  Never sent me a Notice of Assignment.   I had no idea at all that this had happened.

 

Their legal papers showed that:

a) they considered one loan to be in Default on the payment due date -  e.g: 29.04.

b) they allegedly had made a Demand on the 30.04

c) they had assigned the larger value loan in Company A into Company B - by way of a deed of Assignment on 05.05.

d) they were now claiming one huge consolidated loan all in Company B.

 

My memory is a bit hazy.  Aren't companies supposed to wait a certain amount of days from Default to Demand to Notice of Assignment?   

In this instance they allegedly assigned one debt into a completely different entity in just  5 days.

Can they do that?   Or did they effectively invalidate the loan that was in Company A ??

 

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Posted (edited)

Not that I am aware of HB?   This is the first time, I think and hope, that I am addressing this issue.

 

Edited by HP Mum
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When did you take out each loan?

when did you last pay each?

 

If the loans have been merged..... at or by witness statement stage they will have to produce all paperwork. Be that notice of assignment, signed agreement, default notice for each loan to successfully litigate and enforce.

 

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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