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  • #31
    Originally posted by Lucky4sum View Post
    It says on section 136 that Notices must be sent registered post and addressed to the person.

    This Notice was sent via email and has no name on it, its an open letter to anyone!!
    I've just had a quick look at the Act, and see nothing regarding registered post in Section 136.

    "(1)Any absolute assignment by writing under the hand of the assignor (not purporting to be by way of charge only) of any debt or other legal thing in action, of which express notice in writing has been given to the debtor, trustee or other person from whom the assignor would have been entitled to claim such debt or thing in action, is effectual in law (subject to equities having priority over the right of the assignee) to pass and transfer from the date of such notice— "

    Comment

    • #32
      Originally posted by Still Waving View Post

      I've just had a quick look at the Act, and see nothing regarding registered post in Section 136.

      "(1)Any absolute assignment by writing under the hand of the assignor (not purporting to be by way of charge only) of any debt or other legal thing in action, of which express notice in writing has been given to the debtor, trustee or other person from whom the assignor would have been entitled to claim such debt or thing in action, is effectual in law (subject to equities having priority over the right of the assignee) to pass and transfer from the date of such notice— "

      hope this clarifys what has been said to the member,
      I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

      If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.
      • 1 like

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      • #33
        My mistake.

        Its section 196 of the Law and Property Act 1925 that mentions about Notices being sent registered post!!

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        • #34
          (4)Any notice required or authorised by this Act to be served shall also be sufficiently served, if it is sent by post in a registered letter addressed to the lessee, lessor, mortgagee, mortgagor, or other person to be served, by name, at the aforesaid place of abode or business, office, or counting-house, and if that letter is not returned [F1by the postal operator (within the meaning of [F2Part 3 of the Postal Services Act 2011]) concerned] undelivered; and that service shall be deemed to be made at the time at which the registered letter would in the ordinary course be delivered.

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          • #35
            The Notice was sent via email and had no name address not even an account number!!

            Comment

            • #36
              Section 196 of the Law of Property Act lists several methods in addition to registered letter by which a Notice would be considered to be delivered, but they (and this Act) all relate to Estates in Land. The question that has to be asked is why you are trying to rely on this Act in relation to what you have stated is a credit card debt? I am not a legal expert but it seems to me that the Act is irrelevant.

              I would add that most of us here have received Notices of Assigment in relation to this type of account, but they are not sent by recorded delivery.
              Last edited by Still Waving; 11 July 2017, 15:11. Reason: typo.

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              • #37
                Originally posted by Lucky4sum View Post
                The Notice was sent via email and had no name address not even an account number!!
                It is indeed headed General Notice, but were you also sent the covering letter, or some communication confirming that your account was included in that covering letter?

                If you have communicated with Drydens by email, I believe it is generally considered that you have signified that communication via this method is acceptable.

                Comment

                • #38
                  move on prepare for possible court case this is just not getting anywhere, a pointless exercise and DJ would accept delivery as acknowledged by you. no doubt
                  I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                  If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                  Comment

                  • #39
                    Originally posted by Still Waving View Post

                    It is indeed headed General Notice, but were you also sent the covering letter, or some communication confirming that your account was included in that covering letter?

                    If you have communicated with Drydens by email, I believe it is generally considered that you have signified that communication via this method is acceptable.
                    I was not sent anything else along with this "Notice".

                    Comment

                    • #40
                      More to the point is what was Drydens response to your formal complaint that they (Drydens) were not the owner of the debt so shouldn't be reprting to the CRAs?

                      Di
                      • 1 like

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                      • #41
                        Originally posted by Diana Mayhew View Post
                        More to the point is what was Drydens response to your formal complaint that they (Drydens) were not the owner of the debt so shouldn't be reprting to the CRAs?

                        Di
                        3rd July 2017!!

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                        • #42
                          Originally posted by Lucky4sum View Post

                          3rd July 2017!!
                          The question was "What", not "When".

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                          • #43
                            6th June 2017 I made the complaint to Drydens that they are not the owners of the debt!!

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                            • #44
                              I'm finished.

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                              • #45
                                Originally posted by Lucky4sum View Post
                                6th June 2017 I made the complaint to Drydens that they are not the owners of the debt!!
                                What was their response to your formal complaint (if any)?

                                Di

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