Yorks Bank - Notice of Assignment

[jj69]

Afternoon all..
Hope this is in the right forum !
I had a loan with Yorks bank which became defaulted back in 2009 and finally sold on to a DCA ( Apex) Dec 2010
I have been having an ongoing battle with Apex over various things and they have sent a CCA which initially looks enforcable.
My question is I dont believe I recieved a Notice of assignment from Yorks bank in fact my paperwork is from Apex which just says we are now the owners of this debt etc etc..
Should I not have got a default notice followed by a NOA from Yorks ?
Who do I request a DN and aNOA from the orignal creditor or from DCA ?

Thanks

[Never-In-Doubt]

Re: Yorks Bank - Notice of Assignment

Hiya

When the account falls into arrears they (ie the lender) should default you not less than 3 months or more than 6 months after first missed payment, according to guidelines. However it could that they sold the debt to the DCA in totality (i.e. called Absolute Assignment) whereby this would pass the onus to the DCA to provide the statutory paperwork.

Now as you're no doubt aware, lack of DN/NoA does not stop a lender taking action, they are easy faults to remedy unless they have terminated of course in which case it's all fooked and then your odds suddenly become increased. But for the main, I don't see what arguing this can do against an enforceable agreement as they are easy faults to remedy, as I say, and both can be retrospective once they become aware of the error....

[jj69]

Re: Yorks Bank - Notice of Assignment

Hiya

When the account falls into arrears they (ie the lender) should default you not less than 3 months or more than 6 months after first missed payment, according to guidelines. However it could that they sold the debt to the DCA in totality (i.e. called Absolute Assignment) whereby this would pass the onus to the DCA to provide the statutory paperwork.

Now as you're no doubt aware, lack of DN/NoA does not stop a lender taking action, they are easy faults to remedy unless they have terminated of course in which case it's all fooked and then your odds suddenly become increased. But for the main, I don't see what arguing this can do against an enforceable agreement as they are easy faults to remedy, as I say, and both can be retrospective once they become aware of the error....

Cheers NID...yes aware of the DN/NOA been caught out before but when you say terminated I assume you mean the OC ..in which case yes the account has been terminated some time ago..
I was not given the chance to rectify the default IMO just bombarded with letters from Yorks...

[Never-In-Doubt]

Re: Yorks Bank - Notice of Assignment

Cheers NID...yes aware of the DN/NOA been caught out before but when you say terminated I assume you mean the OC ..in which case yes the account has been terminated some time ago..
I was not given the chance to rectify the default IMO just bombarded with letters from Yorks...

If your account is terminated then chances are they've defaulted you - however you need to SAR the actual OC for the info, this template covers what you need: ---> Subject Access (SAR) - Advanced Request

When I say terminated, there is only one kind - i.e. after default period expires then the lender can terminate the account and then seek clarity or enforcement via the courts, until such occurs they cannot utilise the powers within the agreement. Ergo the termination is pivitol in anything they do thus the DN must be accurate prior to them terminating.

I'll post you a link to a thread about this.......

[Never-In-Doubt]

Re: Yorks Bank - Notice of Assignment

I'll post you a link to a thread about this.......

---> Default Notices - allaboutFORUMS

[jj69]

Re: Yorks Bank - Notice of Assignment

If your account is terminated then chances are they've defaulted you - however you need to SAR the actual OC for the info, this template covers what you need: ---> Subject Access (SAR) - Advanced Request

When I say terminated, there is only one kind - i.e. after default period expires then the lender can terminate the account and then seek clarity or enforcement via the courts, until such occurs they cannot utilise the powers within the agreement. Ergo the termination is pivitol in anything they do thus the DN must be accurate prior to them terminating.

I'll post you a link to a thread about this.......

Excellent stuff appreciated...Yorks never threatend court just got rid of me after numerous payment plans failed ..I have asked Apex to take me to court a couple of times after trying to negotiate payment plans and each time that have backed down and accepted which has got me thinking why not take me to court to secure a CCJ or something hence my question on the paperwork..who is the CCA guru on here ?

[Never-In-Doubt]

Re: Yorks Bank - Notice of Assignment

who is the CCA guru on here ?

Buggered if I know mate

* read my signature - may be a clue there

[Never-In-Doubt]

Re: Yorks Bank - Notice of Assignment

Excellent stuff appreciated...Yorks never threatend court just got rid of me after numerous payment plans failed ..I have asked Apex to take me to court a couple of times after trying to negotiate payment plans and each time that have backed down and accepted which has got me thinking why not take me to court to secure a CCJ or something hence my question on the paperwork..

Hmmm, well asking them to take you to court is rather risky and not suggested as sometimes it can backfire - remember you're fighting case law here, it's not as simple as "no agreement, I win" - I wish it was. You may have a clear cut case (think Brandon v Amex) yet the judge doesn't have a clue thus awards the wrong judgment and bang - you're thousands worse off.

Yep you can then use people like Paul. and appeal etc but by then, the damage could already be done - my point is, never invite a vampire into your home. Never invite a to court!

[jj69]

Re: Yorks Bank - Notice of Assignment

Hmmm, well asking them to take you to court is rather risky and not suggested as sometimes it can backfire - remember you're fighting case law here, it's not as simple as "no agreement, I win" - I wish it was. You may have a clear cut case (think Brandon v Amex) yet the judge doesn't have a clue thus awards the wrong judgment and bang - you're thousands worse off.

Yep you can then use people like Paul. and appeal etc but by then, the damage could already be done - my point is, never invite a vampire into your home. Never invite a to court!

Oh yeh that thought is always there, like a game of poker chance your hand luckily only had to fight off one court appearance when the DCA backed down....but Judges that dont know consumer law is a disaster.
if I post up a copy of the CCA will someone be able to take a look ? In the meantime need to get paperwork sorted..I already did a SAR last year with Yorks so will go through it again..

[Never-In-Doubt]

Re: Yorks Bank - Notice of Assignment

Oh yeh that thought is always there, like a game of poker chance your hand luckily only had to fight off one court appearance when the DCA backed down....but Judges that dont know consumer law is a disaster.
if I post up a copy of the CCA will someone be able to take a look ? In the meantime need to get paperwork sorted..I already did a SAR last year with Yorks so will go through it again..

why don't you just email me the agreement!

---> <---

[jj69]

Re: Yorks Bank - Notice of Assignment

why don't you just email me the agreement!

---> <---

There is that option of course...lol....sorry spent to long on CAG ..old habits and that...right off to get it scanned

[jj69]

Re: Yorks Bank - Notice of Assignment

why don't you just email me the agreement!

---> <---

Hi Niddy...
Finally got the agreement scanned and some other docs like supposed assignment notice.For some reason your email is blocked at work so I will email this evening and if you could take a look n let me know if the perscribed terms are legit..